High Court: Administrative Court judgments, 2005

A public authority may depart from a clear promise or agreement only where the departure is objectively justified by a sufficiently weighty public interest and…

Where an accused person initially found unfit to plead later becomes fit, the statutory procedures for determining whether the accused did the acts charged and…

Planning decision-makers may address dust and amenity impacts through conditions rather than a fixed buffer zone where the applicable guidance is non-binding…

For a vehicle to be treated as part of a fleet under a congestion charging scheme, the operator must control and manage it in practice and to more than a de…

The Parole Board may exclude a prisoner from part of a hearing while evidence is given where its procedural rules confer a broad power to conduct proceedings…

Under Council Regulation 2081/92, the geographical area specified for a protected geographical indication need not be identical to the specific place from…

Permission for judicial review requires more than persuasive or attractive argument. The claim must have a real prospect of success. Article 2 may arguably…

A statutory rule which treats residential caravans less favourably than dwelling houses may be indirectly discriminatory against Gypsies and Travellers. The…

Where a challenge to an Asylum and Immigration Tribunal decision falls within the statutory reconsideration procedure under the Nationality, Immigration and…

A regulator’s public determination must be interpreted as a whole, in a common-sense manner, having regard to its accompanying explanatory decision document.…

A failed asylum-seeker who is in the United Kingdom in breach of the immigration laws may be excluded from support under both paragraphs 6 and 7 of Schedule 3…

On a renewed application for permission to challenge extradition, the court held that concerns about the fairness of a foreign trial may properly be left to…

An injunction under section 187B of the Town and Country Planning Act 1990 is an original and discretionary remedy. The court must accept the planning status…

Identity for the purpose of proving a previous conviction may be established by any admissible evidence satisfying the criminal standard. A certificate of…

An inspector generally need not disclose concerns where the issue concerns planning judgment, policy construction or the application of policy to facts. The…

A European arrest warrant need not reproduce statutory wording verbatim or delete an irrelevant alternative, provided the warrant as a whole makes the…

A sentencing indication by magistrates cannot create an enforceable legitimate expectation that the case will remain for sentence in the magistrates’ court…

Before extending custody time limits, the Crown Court must be satisfied that the prosecution acted with due diligence and that there is a good and sufficient…

An application to a Mental Health Review Tribunal is governed by the patient’s statutory status when the application is made. A patient detained under section…

An EEA national who has ceased employment does not retain worker status merely because the unemployment is involuntary or recorded at an employment office.…

For the purposes of the Protection of Military Remains Act 1986, whether a vessel was “in service with” the armed forces depends on its function and activity…

An alert letter may lawfully be issued, or maintained, after criminal or regulatory proceedings have ended without a conviction or adverse finding. The…

An appeal under the Pharmacy Act 1954 is a true rehearing, but the court will ordinarily rely on the tribunal’s record and should not interfere unless…

Where the statutory conditions for registration as a British citizen are satisfied, registration is an entitlement. The Secretary of State cannot imply a…

Certification of an asylum claim is justified where the claim is manifestly unfounded and could not succeed on any legitimate view. The assessment is…

On a statutory appeal from a specialist special educational needs tribunal, the court may interfere only for an error of law, absence of evidence, or a…

A magistrates’ court should proceed in a defendant’s absence only with the utmost care and caution. The discretion is rarely appropriate where absence is…

A public authority conducting a contractual service review must comply with the review arrangements it has adopted. Where costs substantially exceed a…

On a statutory appeal from a professional disciplinary decision, the High Court may remit a case where a serious procedural irregularity prevents it from…

Pending implementation of the intended statutory amendment, a Youth Court must give effect to both the summary-trial provisions and the sending-for-trial…

An Asylum and Immigration Tribunal reconsideration is a single process. Its preliminary finding that the original tribunal made a material error of law is…

The apparent-bias question is whether a fair-minded and informed observer, having considered the relevant facts, would conclude that there was a real…

An admissions appeal panel deciding whether admission would prejudice efficient education or the efficient use of resources must consider the evidence for…

On an appeal under Town and Country Planning Act 1990, the High Court may correct an obvious typographical or clerical error in an inspector’s decision where…

A council tax liability may properly be enforced against a person in their capacity as owner of the relevant property for the period concerned. An appeal will…

Under section 6(2) of the Extradition Act 1989, the court does not review the safety of a foreign conviction where the accused deliberately chose not to attend…

An airport operator exercising a power to prohibit entry must act reasonably and fairly, but the circumstances do not invariably require prior warning or an…

Permission to apply for judicial review should be granted where there is an important and arguable question whether a Crown Court had power to order a trial…

A document may operate as a certificate of lawful proposed use under section 192 of the Town and Country Planning Act 1990 despite errors or non-compliance…

Where a consent order provides that spousal maintenance is reduced pound for pound by any Child Support Agency assessment, the phrase may include arrears…

In a called-in planning application, the Secretary of State may differ from an inspector on matters of planning judgment without first notifying the parties…

A taxpayer cannot establish a legitimate expectation that tax will be forgone merely from an unclear discussion, informal assurance or mistaken administrative…

A constituent state of a federation may, in principle, qualify for state immunity even if it lacks power to conduct international relations. Whether it does so…

For the purposes of Coroners Act 1988, a death from natural causes may be treated as unnatural where there is reasonable cause to suspect that medical neglect…

When assessing whether a proposal reuses buildings in the Green Belt, the decision-maker must consider whether the previous use has a realistic prospect of…

A certificate of lawful use must be read in the terms in which it was granted. It may define the premises covered by the certified use, including by…

For the purposes of the statutory advertisement-control regime, “advertisement” has a broad meaning. It includes material that is wholly or partly an…

Under Rule 353, further submissions amount to a fresh claim where they are significantly different from material previously considered and, taken with that…

In ancillary relief proceedings involving a confiscation order, the court must account for the order and must not assume that the value of assets representing…

A statutory referee’s determination under paragraph 17(4) of Schedule 3 to the Customs and Excise Management Act 1979 remains amenable to judicial review…

A stay of criminal proceedings for abuse of process on the ground that a defendant may be unable to participate effectively in a fair trial must be established…

A compensation panel may withhold or reduce an award because an applicant’s character makes an award inappropriate. Its discretion is broad, but it must be…

In an Article 8 immigration case, the requirement that an applicant leave the United Kingdom to seek entry clearance is compatible with family life rights…

Where a vulnerable patient dies in hospital after a possible fall, the circumstances should be subjected to a full and searching investigation. The…

A judicial review application may be dismissed where the claimant expressly indicates that it is no longer pursued. The court recorded that an indictment had…

In claims under article 5 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 1983, the claimant bears the burden of…

A public authority’s failure to follow child-specific asylum guidance may render a later removal decision unlawful. The court must assess the practical…

In extradition proceedings, the Secretary of State must consider whether surrender would expose the requested person to a real risk of a flagrant denial of…

Review of a decision affecting a prisoner’s possible move to open conditions remains governed by conventional Wednesbury principles. The court may, however…

The expression “judicial authority” in section 2 of the Extradition Act 2003 must be interpreted in the light of the European arrest warrant Framework Decision…

An implied licence permitting police officers to enter or remain on private premises may be revoked. Whether words amount to revocation is an objective…

When reviewing a professional disciplinary sanction, the court must accord appropriate respect to the specialist tribunal’s assessment of professional…

An operator-licensing exemption for agricultural tractors applies only where the vehicle satisfies the statutory definition. A commercial tractor unit remains…

A decision of the Crown Court concerning compliance with the statutory mode-of-trial procedure for either-way offences is a decision relating to trial on…

When deciding whether to adjourn a summary trial, magistrates must examine the circumstances causing the delay, the reasons advanced, and the consequences for…

Extradition may be barred by delay only where returning the person would be unjust or oppressive. Unjustness principally concerns prejudice to the conduct of…

On an appeal from a professional disciplinary decision, the reviewing court must determine whether the tribunal applied the correct principles and reached a…

Where a planning decision departs from an inspector’s material findings, the decision-maker must comply with the applicable procedural safeguards and must base…

An interim suspension of a doctor’s registration may continue where there is sufficient information to indicate that fitness to practise may be impaired and…

Inadequate sound insulation does not, without more, make premises a statutory nuisance under section 79(1)(a) of the Environmental Protection Act 1990. The…

Under Part 2 of the Extradition Act 2003, where the High Court remits a question to a District Judge and the judge reaches the same decision, section 104(7)…

On an appeal by case stated, the appellate court must have sufficient information about the evidence received and the findings made to determine whether a…

In disciplinary proceedings against a solicitor, dishonesty must be alleged and particularised clearly and in good time, unless dishonesty is necessarily…

Paragraph 346 of the Immigration Rules concerns a genuinely fresh asylum claim, such as a credible fresh basis or significant fresh evidence on the merits. It…

Under section 509 of the Education Act 1996, a local education authority must consider whether transport is necessary to facilitate school attendance, having…

Before directing the absolute discharge of a restricted patient, a mental health review tribunal must address two separate questions under Mental Health Act…

A fresh claim requires material capable of showing a realistic prospect that the claimant would succeed. Country guidance identifying possible risks to…

A criminal trial should proceed in the defendant’s absence only where the court is satisfied that no unfairness will result. An application to adjourn on…

A university may make an urgent decision to stop validating a course, and to refuse further enrolments, after receiving a formal adverse quality judgment, even…

Proceedings before the Solicitors Disciplinary Tribunal are disciplinary rather than criminal proceedings. A solicitor is not entitled to legal representation…

A private vehicle used by an employee travelling to collect a liveried ambulance is not thereby an emergency vehicle or an ambulance. The statutory definitions…

A human-rights claim may be certified as clearly unfounded only where it is bound to fail. Family life between adult siblings is not presumed and normally…

Article 12(2A) of the European Specialist Medical Qualifications Order 1995 imposed a duty on the Specialist Training Authority to determine applications made…

An appeal to the Immigration Appeal Tribunal under section 101(1) of the Nationality, Immigration and Asylum Act 2002 lies only where the adjudicator’s…

Section 30 of the Anti-Social Behaviour Act 2003 may be used to disperse a protest group where its statutory conditions are met. The provision does not exclude…

A public authority may be required to honour a policy or established practice where departing from it produces conspicuous unfairness amounting to an abuse or…

A sentence imposed under a statutory provision not yet in force is unlawful and must be quashed or amended. Although the High Court may have jurisdiction in a…

For National Park designation, National Parks and Access to the Countryside Act 1949, section 5(2), requires both natural beauty and opportunities for open-air…

A person who attended and made representations at a statutory public inquiry may, subject to appropriately restricted grounds, be treated as a person aggrieved…

An arrest for breach of the peace requires evidence of actual or threatened violence. Abusive language and an aggressive demeanour may contribute to an…

When extending an interim suspension order in disciplinary proceedings, the court must protect the respondent’s procedural rights, particularly where the…

When reviewing a rent tribunal’s valuation, the court should preserve the tribunal’s role as fact finder and should substitute its own figure only where…

In an application for an anti-social behaviour order, evidence of conduct outside the six-month period is not automatically inadmissible. It may be relevant to…

Section 34 of the Extradition Act 2003 does not remove the common-law remedy of habeas corpus for unlawful detention under Part I. Stronger words would be…

When deciding whether planning permission should be granted subject to conditions, an Inspector must assess whether the conditions would work in practical…

Detention pending deportation is not automatic merely because a custodial sentence has ended. The Secretary of State must identify and communicate the grounds…

A public authority exercising a discretionary licensing power must not fetter its discretion by applying policy rigidly. It must keep open the possibility of…

A specialist tribunal must consider the substantial evidence relevant to the central issues and give sufficient reasons for rejecting expert evidence. Its…

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

In disciplinary proceedings, delay may make continuation unfair and an abuse of process where it materially affects the fairness of the hearing or causes…

A published immigration policy must be construed in its statutory, European Union and human-rights context. It should not be read as requiring substantive…

A claimant cannot use judicial review to revive Article 8 arguments already determined through an available statutory appeal, since that would generally…

When incorporated planning documents conflict, the court may use extrinsic evidence to resolve an ambiguity about the nature, extent or location of the…

A planning authority must consider material changes arising after resolving to grant permission but before issuing the decision notice. A change is material if…

The statutory right of a child or young person to anonymity in Youth Court proceedings may be lifted where the court is satisfied that this is in the public…

A prisoner cannot obtain credit towards release or parole eligibility for time spent at liberty under a licence issued by mistake where the statutory…

Where an appellant seeks to abandon a Crown Court appeal after the hearing has begun, leave should ordinarily be granted only in exceptional circumstances. The…

Where a professional disciplinary finding and initial conditions have become final, a later challenge to varied conditions cannot reopen the underlying…

A statutory body may exercise only powers triggered by a reference made within the scope authorised by statute. The Parole Board’s response to a reference…

Where a prosecution proceeds on specimen charges forming part of an alleged course of dishonest conduct, the question remains whether the evidence proves each…

Approved proposals for converting an independent school into a voluntary aided school must be implemented in the form approved, unless the statutory machinery…

Section 43(1) of the Drug Trafficking Act 1994 confers a discretion to forfeit cash, rather than imposing an automatic obligation. The discretion must…

Judicial review may be available against an inferior court, including a County Court, but it is not an alternative route of appeal on the merits. It is…

Under section 7(6) of the Road Traffic Act 1988, a reasonable excuse for failing to provide a specimen must relate to the person’s physical or mental capacity…

For an assault on a police officer to be in the execution of the officer’s duty, the assault must be assessed by reference to the circumstances when it…

The rule against double jeopardy bars a second prosecution for the same crime. It does not generally bar prosecution for different offences arising from the…

A discretionary statutory power to make grants does not create an entitlement to apply for funding or require the decision-maker to maintain an open grant…

A statutory appeal against a stopping-up order is determined by applying judicial review principles. Under section 247 of the Town and Country Planning Act…

Children Act 1989 duties do not generally require a local authority to provide continuing medical care which properly falls within NHS provision. The…

For the purposes of a disqualification order concerning animals, “keeping” and “having custody of” are ordinary English expressions and, in the circumstances…

Where a statutory power is delegated subject to the concurrence of a senior officer, valid concurrence requires an active consideration of both the legal…

Representation of the People Act 1983, section 160(1), requires an election court to give a non-party or non-candidate specific notice before reporting that…

A certificate of lawful existing use may describe a recognised use outside the use classes by reference to its intensity. Where the certificate specifies a…

Judicial review under CPR Part 54 concerns the lawfulness of a decision made in the exercise of a governmental public function. A private body does not become…

A renewed application to require a magistrates’ appeal court to state a case is not frivolous merely because the proposed question may ultimately fail. Where…

For the statutory bar based on delay, unjust principally concerns prejudice to the fairness of the trial, while oppressive concerns hardship caused by changes…

Section 118 of the Highways Act 1980 concerns paths that are presently not needed for public use, not paths that remain needed but are intended to be rerouted…

Transitional provisions made under the Criminal Justice Act 2003 permitted the Secretary of State to recall prisoners released on licence under the earlier…

Professional disciplinary sanctions are protective, not punitive. In deciding sanction, a fitness to practise panel must consider sanctions in ascending order…

Section 91(1) of the Criminal Justice Act 1967 creates liability for disorderly behaviour committed in a public place while the defendant is drunk. The…

Warning motorists of a police speed trap constitutes obstruction only where the warning could affect motorists who were speeding or were likely to speed. The…

For a Category 2 extradition request, the requesting state need not establish a prima facie case. It must describe the alleged conduct sufficiently to enable…

A challenge to a planning decision under Town and Country Planning Act 1990, section 288, is concerned with legal or procedural error. The court must not…

When deciding whether to grant a private hire vehicle licence, suitability in type, size and design includes safety for the proposed private hire use. The…

A defendant who accepts a formal caution is not in the same position as a defendant who is convicted when the court exercises its discretion to make a…

For a criminal anti-social behaviour order, the court must establish both that the offender’s conduct caused or was likely to cause harassment, alarm or…

Section 2(6) of the Anti-social Behaviour Act 2003 does not exhaust a magistrates’ court’s general power to adjourn under section 54 of the Magistrates' Courts…

Where judicial review proceedings are resolved without a trial and the parties cannot agree costs, the court may make a costs order after considering the…

Under section 40 of the Medical Act 1983, an appeal lies only against specified regulatory decisions, including erasure, suspension, conditional registration…

The power to restrict fishing for marine-environment purposes does not require the Minister to be satisfied that the restriction is necessary to preserve a…

A certificate that a human-rights claim is clearly unfounded may be issued only where the claim is bound to fail before the appellate tribunal. The Secretary…

The use of a screen to protect an undercover witness is exceptional and must be decided case by case. The court must balance the witness’s protection against…

Breaches of a community rehabilitation order are proceedings of a criminal character. The alleged breach must therefore be proved to the criminal standard…

The power to vary a restraining order under section 5(4) of the Protection from Harassment Act 1997 includes power to extend the order’s duration. The expiry…

At the close of the prosecution case, a submission of no case to answer fails where there is admissible evidence from which the court can infer both…

A planning permission must be read as a whole. Related conditions should be read together where that gives them a clear and sensible meaning. Under section…

When reviewing a certification that an asylum or human rights claim is clearly unfounded, the court must ask whether, on at least one legitimate view of the…

For the purposes of tachograph offences, withdrawal of a record sheet does not require its complete removal from the tachograph. Applying a purposive…

On a planning appeal conducted by written representations, an inspector may determine the appeal on the material submitted, even where the evidence is…

In an enforcement notice appeal, an inspector must make an express and clear finding where an appellant claims an established lawful use immune from…

A challenge to a planning decision under section 288 requires an error of law. Mere disagreement with an inspector’s planning judgment on matters such as…

In a planning challenge, an Inspector must take account of material planning history and give intelligible reasons for the weight assigned to it. Undetermined…

A prosecution under section 4A of the Public Order Act 1986 engages freedom of expression where conduct is insulting or provocative. Intention, insult and…

On an appeal on points of law, a tribunal may require residential special-school provision where ordinary day-school provision is appropriate but insufficient…

Hospital managers exercising the discharge power under section 23 of the Mental Health Act 1983 have a wide discretion. Overturning a responsible medical…

A Category A prisoner must be assessed by reference to whether escape would be highly dangerous to the public, with the hypothetical nature of that assessment…

Part IV of the Mental Health Act 1983 creates a statutory test for compulsory treatment of detained patients, whether or not they have capacity. That test is…

A local authority with a duty to meet a disabled child’s needs retains discretion as to the lawful form of assistance. It may offer assistance by a secured…

Where a public authority controls access to its premises and staff, it may be exercising a statutory discretion even though the decision also concerns…

Medical assessors advising a disciplinary tribunal on factual or medical issues should give their advice openly, in the presence of the parties, and before the…

When a public authority decides whether severely disabled person should receive care at home or in residential accommodation, it must give substantial weight…

A public authority may be required to depart from ordinary enforcement procedures where its misinformation and conduct create a legitimate expectation that…

On an appeal limited to questions of law, the Immigration Appeal Tribunal may intervene where an adjudicator’s conclusion is materially inconsistent with the…

The Administrative Court may have jurisdiction to review a Crown Court decision refusing bail, despite the exclusion in section 29(3) of the Supreme Court Act…

Convention rights enforceable under the Human Rights Act 1998 have the same scope as the corresponding rights under the European Convention on Human Rights.…

Certification of an Article 8 claim as clearly unfounded is lawful where, even assuming that family life is established, removal would plainly be proportionate…

Under the Extradition Act 2003, the question whether an arrested person is the person named in a European Arrest Warrant must be determined at the initial…

A local authority’s statutory responsibility for community care ordinarily rests with the authority responsible for the person’s ordinary residence. Another…

A minister may establish and maintain an administrative regulatory scheme either under the prerogative or as executive action, and the scheme remains subject…

The court may extend interim conditions imposed on a doctor’s registration where the extension is consented to and is appropriate in the circumstances. The…

A commencement power authorising transitory, transitional or saving provisions does not permit secondary legislation to amend primary legislation by creating a…

The court may grant an extension of time where the material establishes a proper basis for it. An extension should not ordinarily be expressed as final, since…

A local housing authority may lawfully use an out-of-area homelessness policy where, on a proper evidential basis, local accommodation is not reasonably…

Prison categorisation is principally concerned with escape risk and the risk posed to the public if escape occurs. A governor may take account of an unproved…

On an extradition request under the Extradition Act 1989, the court determines whether the conduct described in the request would constitute the relevant…

Primary legislation is not disproportionate merely because it restricts important economic, social or cultural interests. Where legislation pursues animal…

An adjudicator considering school-closure proposals must be satisfied that adequate financial resources will be available for implementation. The inquiry…

The statutory bad-character provisions did not enlarge the prosecution’s existing duties of investigation and disclosure. Those duties remain governed by the…

In a planning decision, the identity and expertise of an objector may materially affect the weight given to the objection. A planning committee must have…

An expert statutory tribunal may use its specialist knowledge when determining issues properly raised and debated before it. Natural justice does not require…

A public authority may regulate advertising, but its policy must be interpreted consistently with fundamental rights. General enabling powers do not ordinarily…

Professional disciplinary proceedings must comply with the disciplinary scheme governing the hearing. A charge must identify the applicable disciplinary ground…

An appeal from a rent assessment panel lies on a question of law only. A panel does not err in law by assessing market rent from its own knowledge and…

Where judicial review raises an important issue of general application affecting numerous present and future cases, the court should ordinarily decide it only…

In judicial review of a planning decision, a failure to explain the full effect of relevant development-plan policies may amount to a failure to take account…

A disciplinary tribunal’s decision on an adjournment is discretionary, and an appellate court should intervene only for an error of principle. A professional…

On a statutory appeal concerning disciplinary sanctions, the High Court may substitute an appropriate sanction where the tribunal’s decision is wrong and the…

A judicial review claim must be brought promptly, not merely within the three-month outer limit. Delay is assessed practically, including prejudice to…

Permission to amend a judicial review claim is discretionary. The court will generally require the respondent to receive the period of notice prescribed by the…

A conscientious objection to the use of taxation for military expenditure does not, on the Strasbourg jurisprudence considered, amount to an interference with…

Where a prisoner has been recalled under section 39 of the Criminal Justice Act 1991, a later sentence incorporating an order under section 116 of the Powers…

A judge may withdraw a draft judgment where the case raises important issues which ought to be considered by a divisional court. The decision whether to permit…

A claim may be certified as manifestly unfounded where, on the material available when the decision is made, no realistic asylum or human-rights claim is…

When deciding whether removal to a safe third country would breach Articles 2 or 3 of the ECHR, the Secretary of State must assess the risk of onward removal…

In a professional disciplinary case, a practitioner cannot answer dishonest misrepresentations influencing accreditation by showing that the accreditation…

Permission to employ a struck-off solicitor subject to strict supervision creates a continuing obligation. Administrative changes to the employee’s location…

For a modification order under section 53 of the Wildlife and Countryside Act 1981, the surveying authority must have discovered evidence. A change of mind or…

Legal representation may be required in the interests of justice where a defendant’s limited command of English prevents effective participation in a criminal…

A statutory power to remove a child is not coercive merely because the legislation uses the word “remove” or because coercion might be convenient. A power to…

A decision to reinstate a pupil permanently excluded for serious violence requires exceptional justification and proper regard to applicable statutory…

For environmental impact assessment purposes, statutory classification is a question of law, but applying the correct classification to the facts is ordinarily…

Best Practicable Environmental Option (BPEO) is the overarching requirement in waste decision-making. It is not equivalent to placing a proposal within the…

A breach of a solicitor’s undertaking is prima facie evidence of misconduct, rather than misconduct imposing absolute disciplinary liability. Exceptional…

Planning law is governed by the statutory code. A power may be implied only where necessary to give effect to the legislation and the code is silent or…

A local authority assessing whether an asylum seeker is under 18 must conduct a fair and lawful assessment without imposing an unnecessarily legalistic…

Schedule 2 to the Courts Act 2003 empowered the Lord Chancellor to transfer existing property, rights and liabilities connected with magistrates’ courts. It…

Where a defendant consumes alcohol after driving and before providing a specimen, the legal burden under section 15(3) of the Road Traffic Offenders Act 1988…

A fresh asylum or human rights claim must rely on material that is significantly different from material previously considered. Evidence available but not…

A guilty plea should be vacated only where the evidence shows that it was not a true, properly advised acknowledgement of guilt. Relevant circumstances may…

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 establish a two-stage process. The authority first…

A local authority has a broad discretion to remove or increase limits on hackney carriage licences under section 37 of the Town Police Clauses Act, as amended.…

Recusal in control-order proceedings is not governed by an automatic rule arising from a judge’s earlier involvement with the same person. The question is…

For indefinite leave to remain based on long residence, residence must satisfy the precise definition of lawful residence in paragraphs 276A to 276D of the…

Under section 82 of the Extradition Act 2003, delay attributable to the person resisting extradition will generally not support an argument that extradition is…

In planning judicial review, the fact that a building is locally listed does not itself prevent its demolition where the statutory permitted-development regime…

A summary military dealing before a commanding officer may comply with Article 6 where the accused has a free and informed choice to elect a…

In assessing clinical negligence, the court must apply the Bolam standard as qualified by Bolitho. A professional opinion does not satisfy the standard merely…

Under Magistrates' Court Detention and Forfeiture of Cash Rules 2002, a magistrates’ court may determine a cash-forfeiture application at a directions hearing…

Detention pending deportation must remain connected to a genuine intention to remove and must last no longer than is reasonable in all the circumstances. The…

Judicial review of a decision concerning transfer to open prison conditions is not an appeal on the merits. A decision-maker need not rehearse every favourable…

A Crown Court hearing a criminal sentencing appeal must approach the matter afresh and decide the sentence which it considers right on all the material before…

For an offence under section 57(3) of the Local Government (Miscellaneous Provisions) Act 1976, the prosecution must prove that the council required the…

A non-statutory compensation scheme may be framed as a complete scheme. The minister is not required to consider exceptional claims falling outside its…

For the purposes of Article 6 of Decision 1/80, an au pair may be a worker. The concept of worker has an autonomous and non-restrictive meaning. The relevant…

Although alternative sites are generally immaterial or of negligible weight in planning decisions, that approach is fact-sensitive. Where two rival…

Prisoner categorisation concerns security and risk, whereas allocation concerns the selection of a suitable establishment. Matters relevant to allocation do…

A responsible medical officer may grant leave under Mental Health Act 1983, including leave requiring residence at another hospital, on clinical and safety…

A Turkish national’s purpose of entry does not prevent him from qualifying as a worker under Article 6(1) of Decision No. 1/80 if he performs genuine and…

Under section 190(2)(a) of the Housing Act 1996, a local authority must provide intentionally homeless applicants in priority need with accommodation for a…

The statutory duty under section 117 of the Mental Health Act 1983 arises only when a person ceases to be detained and leaves hospital. Before discharge…

A tribunal comparing educational placements must identify the relevant cost issues clearly and assess the marginal or additional cost to public funds. Its…

The Secretary of State retained a discretion, arising from the Crown’s common-law or prerogative powers and recognised within the intercountry adoption scheme…

A planning inspector may impose a negatively worded Grampian condition preventing development until replacement facilities are provided, provided the condition…

Under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995, whether a component is an antenna or supporting apparatus is a…

An irregularity in a tribunal’s procedure does not automatically invalidate the proceedings. The court must examine whether it caused unfairness and whether…

A refusal of temporary release to a serving prisoner may interfere with the prisoner’s and children’s rights under Article 8, even where family contact remains…

Whether a person is driving a vehicle is a question of fact and degree. Driving may include using the vehicle’s controls to steer, brake, retard or otherwise…

Under Rule 346 of the Immigration Rules, further asylum representations constitute a fresh claim only where, disregarding immaterial, incredible or previously…

In forfeiture proceedings, a court must address whether seizure is compatible with Convention rights where that issue is properly raised or necessarily engaged…

A Crown Court’s discretion to extend custody time limits must be exercised by reference to the statutory requirement for good and sufficient cause and after…

For the purposes of extradition, an investigation discontinued by a prosecuting authority for insufficient evidence does not amount to an adjudication capable…

An omission to seal an originating notice under the former Rules of the Supreme Court is an irregularity, not a nullity. The court has a discretion to set…

A procedural guidance booklet does not, without more, determine whether a statutory requirement to provide breath specimens is lawful. Failure to follow…

Under the Extradition Act 2003, service of the documents sent to the judge under section 70(9) is mandatory, but section 78(4)(c) does not require service…

Under Council Regulation (EC) No 343/200, the Member State responsible for determining the Member State responsible for an asylum application must make that…

The obligation to take all reasonable steps to secure compliance with animal-welfare requirements is a personal, objective duty. A keeper is not criminally…

A statutory tribunal deciding whether a councillor has breached a code of conduct must give its own reasons. The reasons must enable the losing party to…

For an offence under section 444 of the Education Act 1996, unavoidable cause is assessed primarily by reference to the child. The court must consider all the…

Reclassification of a road used as a public path as a bridleway under Part III of Schedule 3 to the Countryside Act 1968 did not extinguish existing public…

Under the Criminal Injuries Compensation Scheme, compensation for loss of earnings is calculated by reference to the period in which the claimant has suffered…

Whether a message is grossly offensive under section 127 of the Communications Act 2003 depends on its content, the circumstances and context of transmission…

In deciding whether delay makes extradition unjust or oppressive, the court must focus principally on the effect of the delay rather than merely its cause.…

A local authority may take rent arrears into account under a lawful housing-allocation policy, provided the policy is applied flexibly and exceptional…

A statutory recall scheme for life-licensees was compatible with Article 5 of the Convention. Recall detention was governed by Article 5(4), not Article…

Under section 111 A(1A) of the Social Security Administration Act 1992, the requirement to give prompt notification does not cease merely because notification…

An appellate court reviewing a disciplinary tribunal must assess the decision in light of the material before the tribunal, while giving appropriate weight to…

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

Prosecution costs awarded by magistrates should compensate the prosecutor, not punish the defendant. They must reflect costs actually and reasonably incurred…

Eligibility for an injury allowance under Local Government (Discretionary Payments) Regulations 1996, regulation 35(1), depends on a causal connection between…

A tariff-quota regulation must be construed purposively so that the quota is available to genuinely independent economic entities. Common directors, staff…

An inspector may determine an issue not relied on by the local planning authority where that issue was fairly and squarely raised by other participants and the…

An expert tribunal deciding between educational placements is entitled to exercise its judgment on conflicting evidence, provided its decision shows why the…

The common law power to arrest to prevent an anticipated breach of the peace depends on an objectively reasonable belief that a breach may occur in the…

Under s 13 of the Coroners Act 1988, irregularity in managing a coroner’s jury may justify a fresh inquest where it creates a real possibility of a materially…

In deciding whether an environmental impact assessment is required for a Schedule 2 development, the local planning authority must exercise judgment on the…

The omission of a prohibition from a final anti-social behaviour order does not, by itself, reduce the gravity of an earlier breach of the same prohibition in…

For offences of driving otherwise than in accordance with a licence and driving without insurance, proof that the defendant drove on a road establishes the…

In a statutory appeal against conviction, a magistrates’ court may rely on the statutory presumption that an approved breath-testing device is reliable unless…

An authority deciding whether to issue or maintain an alert letter must reach its own judgment on whether a practitioner presents a serious actual or potential…

Permission to bring judicial review does not entitle a claimant to an adjournment of the substantive hearing. The court must balance the desirability of…

On an appeal under section 289 of the Town and Country Planning Act 1990, an Inspector’s assessment of evidence will not be disturbed for perversity merely…

In assessing whether further representations amount to a fresh asylum claim, the Secretary of State must consider whether the material is sufficiently…

Certification as clearly unfounded is appropriate only where the asylum or human rights claim cannot succeed on any legitimate view. The decision-maker must…

Under section 24 of the Magistrates' Courts Act 1980, a Youth Court should retain summary jurisdiction unless the offence, surrounding circumstances and…

An anti-social behaviour order must be clear, comprehensible and no wider than necessary and proportionate to protect the public. A prohibition preventing a…

An anti-social behaviour order cannot be made merely because the proposed subject consents. The court must independently be satisfied, to the criminal…

An appeal under the Local Government Act 2000 may engage with the merits while according appropriate respect to a specialist tribunal. A councillor’s freedom…

Disciplinary proceedings against police officers should proceed where there is a reasonable prima facie case, even though the underlying criminal prosecution…

In professional performance proceedings, the regulator must identify the matters relied on and disclose relevant material so that the practitioner can answer…

Compulsory medication under the Mental Health Act 1983 requires convincing medical evidence that treatment is necessary according to generally accepted…

A charge and pending prosecution, without more, cannot establish a sufficient risk of reoffending for parole purposes. The Parole Board need not always examine…

Where an asylum seeker claims to be under 18, an age-dispute policy must be applied rationally and in accordance with its terms. A credible report from a…

A public body deciding whether to evict unauthorised campers must take relevant welfare considerations into account and take reasonable steps to acquaint…

Article 2’s investigative duty arises only where there is at least an arguable breach of the State’s protective duty. For a child living with a parent in the…

An interim order imposing conditions on medical practice may be extended without notice where urgent expiry makes immediate protection necessary and the…

A litigant cannot bring a second appeal against the same decision merely by naming a different respondent after the first appeal has failed. The proper…

Fraud may bar reliance on rights arising under the Association Agreement with Turkey even where the applicant’s attempt to obtain entry by deception was…

A statutory inquiry report may be admitted in later tribunal proceedings and may be highly persuasive, but its factual conclusions do not bind a tribunal…

For extradition purposes, the relevant offence is the offence for which the claimant was convicted, rather than a later order converting an unserved sentence…

Where a driver elects under Road Traffic Act 1988, section 8(2) to provide blood, the prosecution need not prove that the breath-analysis device remained of an…

A tribunal determining special educational needs may specify provision that is not yet available at the proposed school. Future provision based on an…

Judicial review of a Criminal Cases Review Commission decision is concerned with legality, not the correctness of the Commission’s assessment or a rehearing of…

Under Part 2 of the Extradition Act 2003, the extradition court must determine Convention-rights compatibility on the material advanced by the requesting…

A published tax concession operates only for taxpayers who fall clearly within its terms. The phrase “simple duplication of output tax” requires a doubling-up…

A court may restrain a vexatious litigant from making further applications where repeated, meritless litigation threatens the proper administration of justice.…

When a summary information was laid within the statutory time limit, the justices retained a discretion to amend it after that period, including at the close…

An appeal from a special educational needs tribunal lies on questions of law only. A factual finding may be disturbed where there is no evidence to support it…

Under the Video Recordings Act 1984, an R18 recording is supplied where physical possession is transferred, not when a sale is concluded or an order is…

Under Code C of the Codes of Practice, a caution is required before questioning only when there are grounds to suspect the person of an offence. Preliminary…

On an appeal limited to penalty, a professional disciplinary tribunal’s decision to erase a practitioner from the register may be upheld where sustained…

The statutory defence under section 179(3) of the Town & Country Planning Act 1990 concerns inability to secure compliance with an enforcement notice, not…

“General conformity” between a local plan and a structure plan allows some flexibility, but it does not permit important adjustments to the structure plan’s…

Non-consensual treatment under the Mental Health Act 1983 requires a single, convincingly demonstrated medical necessity. The court must be satisfied that the…

Judicial review of a Crown Court decision refusing bail is available only on the narrow ground of irrationality where Parliament has removed the ordinary High…

A statutory prohibition on publishing identifying material concerning a child victim of a sexual offence may be compatible with Article 10 even though…

Under Part 4 of the Anti-Social Behaviour Act 2003, a relevant locality may comprise two or more non-contiguous zones, provided that the zones together…

The Financial Ombudsman may determine complaints by what is fair and reasonable, even where that produces a result different from English law. The statutory…

A certificate under section 94 of the Nationality Immigration and Asylum Act 2002 is lawful only where the asylum or human rights claim is clearly unfounded.…

The discretion to determine which of two responsible persons receives Child Benefit is broad. It permits consideration of the wider family circumstances…

A police officer may arrest to prevent a breach of the peace where he reasonably believes that a breach will occur immediately, or that a previous breach is…

Permission to seek judicial review of an extradition decision requires an arguable public-law error. The court will not rehear the merits of the foreign…

A congestion charge licence must be treated as relating to the vehicle identified by the registration mark supplied when payment is made. A genuine mistake in…

A magistrates’ court has jurisdiction to determine a preliminary point of law where the issue can be resolved without finding facts. That jurisdiction was not…

In a challenge under Town and Country Planning Act 1990, section 288, the court upheld an inspector’s planning judgment concerning inappropriate development in…

Under rule 346 of the Immigration Rules, further asylum representations constitute a fresh claim only where they are sufficiently different from the earlier…

Where the available material establishes a clear case for an interim payment on account of costs, the court may order payment of a sum that sensibly reflects…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court may decline to quash a planning inspector’s decision where the claimant…

Once a local housing authority is satisfied that an applicant is eligible for assistance, has priority need and is not intentionally homeless, the duty under…

A tree preservation order protects trees identified by the objective meaning of the order, viewed in the context existing immediately after it was made. A…

In deciding whether a compulsory purchase order should become operative, the Secretary of State may conduct a practical comparative assessment of proposed…

On judicial review of an inquisition, the court has an inherent power, reflected in CPR 1998, r 54.19(3), to substitute words for words unlawfully included.…

A professional disciplinary tribunal may refuse an adjournment where the request is made at the last moment, the hearing has begun, witnesses are available…

Whether a product is a toy under the Toys (Safety) Regulations 1995 is determined objectively. The question is whether it was designed or clearly intended for…

A coroner must act as a filter to prevent an unsafe verdict being left to a jury. For unlawful killing, the question is whether the evidence could safely…

The Landfill Directive does not prohibit sub-water-table landfills. The requirement to prevent groundwater entering landfilled waste means preventing it to the…

For extradition under the Extradition Act 2003, the requesting state must prove, to the criminal standard, that the alleged conduct was punishable under its…

Applications to adjourn criminal proceedings are discretionary, but must be subjected to rigorous scrutiny. The court must examine the circumstances leading to…

A certificate of inadequacy under section 83 of the Criminal Justice Act 1988 requires a present factual finding that the defendant’s realisable property…

On a statutory appeal concerning a remediation notice, a company cannot be held liable merely because a soil report was available on a public planning…

In a judicial review concerning compulsory psychiatric treatment, permission may be granted against the relevant medical decision-makers where the claim is…

A prior-approval determination under the Town and Country Planning (General Permitted Development) Order 1995 defines the permitted development, but it is not…

For an unclassified site, the stricter protection regime applicable to a site which should have been classified under the Birds Directive arises only where the…

On an appeal by way of case stated, the reviewing court must respect the magistrates’ factual findings but may quash a decision reached on inadequate or…

A magistrates’ court should adopt a strict approach to revisiting an earlier order. It may do so in the interests of justice only where there has been a…

A prosecutor deciding whether to continue a prosecution must assess any significant risk to the defendant or others under European Convention of Human Rights…

For the purposes of the environmental impact assessment regime, a project uses uncultivated or semi-natural land for intensive agricultural purposes only where…

For Criminal Justice Act 1988, section 139, a place is not public merely because members of the public can enter it without a physical or legal obstruction.…

On a planning appeal under Town and Country Planning Act 1990, the court reviews the Inspector’s legal interpretation of the development plan but does not…

In deciding whether an applicant is a fit and proper person to hold a justices’ licence, the central question is whether the applicant can be relied upon to…

A tribunal deciding whether a local education authority must undertake a statutory assessment must give reasons addressing the substantial points raised…

Proceedings for an anti-social behaviour order under section 1C of the Crime and Disorder Act 1998 are civil proceedings, despite the order being made…

Listed building consent may authorise the dismantling and reconstruction of a listed building at another location. The statutory scheme permits demolition…

Where a prisoner suffers life-threatening injuries in a serious attempted suicide, the state’s investigative obligation under Articles 2 and 3 may require a…

Under Directive 2001/83/EC, Article 10 provides the code governing reliance on data submitted for an earlier authorised medicinal product. A generic applicant…

In an appeal by way of case stated concerning special reasons after a drink-driving conviction, the reviewing court should not interfere merely because the…

A Crown Court judge’s power to regulate evidence and related matters is ordinarily confined to the duration and purposes of the proceedings. Once the trial has…

Parties to a planning appeal conducted by written representations must ordinarily provide all material on which they rely. The inspector may decide the appeal…

On a planning challenge under Town and Country Planning Act 1990, a decision-maker need not establish a baseline of existing traffic and calculate cumulative…

The 14-year residence policy confers a discretion. Long residence does not create an automatic entitlement where the applicant has deliberately evaded or…

In a challenge under section 288 of the Town and Country Planning Act 1990, an inspector’s planning judgment will not be unlawful merely because the claimant…

A negligent failure by a prosecuting authority to preserve potentially corroborative evidence does not, without more, constitute an abuse of process. The court…

A planning condition must be construed from its actual wording and in the context of the permission as a whole. An alternative requiring restoration to…

Section 3 of the Health and Safety at Work etc Act 1974 does not make an employer criminally responsible for every risk associated with premises or an activity…

On an application challenging a planning decision, the court may intervene for an error of law, failure to comply with a material statutory requirement causing…

In professional disciplinary proceedings, the questions whether proved facts amount to serious professional misconduct and what sanction should follow are…

Where a court of summary jurisdiction is satisfied to the criminal standard that the defendant committed the offence, the prosecution has necessarily disproved…

Inappropriate development in the Green Belt requires a structured balancing exercise. The decision-maker must give substantial weight to Green Belt harm and…

For the criminal offence of knowingly making a false election-expenses declaration, the prosecution must prove both falsity and knowledge of falsity. An honest…

Under section 35 of the Criminal Justice and Public Order Act 1994, a court may decline to draw an inference from a defendant’s silence only where there is an…

For the purposes of the Immigration Rules, a realistic prospect of success must be assessed by applying the real-risk test. Descriptions such as frequent…

A Parole Board must give an intelligible explanation of why the risk of reoffending remains too high for release. It must consider the factors specified in the…

A court should not determine a criminal allegation arising from conduct involving the court, its staff or proceedings where its involvement creates a real…

For aggravated trespass, an activity is lawful if those conducting it may lawfully engage in it on the land on that occasion. The prosecution need show only…

Judicial review of a Crown Court bail decision is a strict and exceptional review, not a rehearing. The High Court asks whether the decision fell outside the…

Under rule 346 of the Immigration Rules, further representations amount to a fresh asylum claim only where, excluding material that was previously available…

Under section 41A(7) of the Medical Act 1983, the court may extend an interim order where continued restraint is justified while disciplinary proceedings are…

On a submission of no case to answer, the question is whether the prosecution evidence, taken at its highest, is capable of supporting a conviction by a…

A refusal to alter an earlier administrative decision may itself be reviewable where, in substance, a fresh decision has been made or ought to have been made.…

A tribunal determining an appeal concerning a statement of special educational needs must give summary reasons which address the substantial points, enable the…

Overpaid social security benefit may constitute a bankruptcy debt even where the authority’s recovery decision is made after the bankruptcy order. A liability…

Delay in processing a first British passport application is unlawful only where it is so extreme and unjustified that it exceeds maladministration and becomes…

An environmental regulator’s consultation must be fair and sufficiently informed. Where internally generated expert material is highly relevant, specialised…

Under Part IV of the Disability Discrimination Act 1995, less favourable treatment of a disabled pupil is justified only where the reason is material to the…

On judicial review of an Immigration Appeal Tribunal refusal of permission to appeal, the reviewing court may intervene where there is a real chance that the…

A Part 1 European Arrest Warrant must particularise the conduct alleged to constitute the offence. The extradition court assesses the description of conduct…

For an accused found unfit to plead who has been found to have done the act charged, the statutory route under section 5 of the Criminal Procedure (Insanity)…

A Mental Health Review Tribunal must give adequate and comprehensive reasons when deciding whether a patient should remain liable to detention or be discharged…

Whether a place is a public place for careless-driving legislation is a fact-sensitive question. The court must assess the particular location against the…

For an officer to be acting in the execution of his duty, the question is whether the circumstances gave him reasonable grounds to apprehend that an arrestable…

A decision to dispense with the statutory investigation of a police complaint is unlawful where the decision-maker fails to consider material correspondence…

Where a public authority has made a clear representation about financial support and possesses a lawful power to provide assistance, it must exercise that…

In an exceptional housing case, the existence of alternative statutory remedies does not necessarily prevent judicial review where a vulnerable claimant is…

For certification purposes, an Article 8 claim falling outside the Immigration Rules is arguable only where the facts may be truly exceptional and…

On a statutory appeal alleging undue leniency in professional discipline, the court may intervene only where the sanction was one which a disciplinary tribunal…

A human-rights claim is not manifestly unfounded merely because the Secretary of State considers removal proportionate or specialist facilities available…

Failure to prove a substantive public-order offence beyond reasonable doubt does not necessarily make an arrest unlawful. The lawfulness of an arrest under…

On judicial review of a planning inspector’s decision, the court reviews legality, rationality, material considerations and adequacy of reasons. It does not…

Section 15(2) of the Road Traffic Offenders Act 1988 permits evidence of alcohol in a specimen even where the specimen was not provided or taken in connection…

A local authority performing its leaving-care duties must prepare an assessment and pathway plan within the statutory timescale and involve the young person so…

Permission for judicial review depends on whether the proposed grounds disclose an arguable legal error, irrationality or statutory misinterpretation. Under…

On a subsequent application to discharge a restraining order made under the Protection from Harassment Act 1997, the applicant must show a material change in…

Where magistrates refuse to state a case for the opinion of the High Court, the proper course is ordinarily to insist on a case stated rather than pursue…

Section 139(2) of the Criminal Justice Act 1988 is not confined to articles with a sharp blade or point. A sharp blade or pointed instrument is the paradigm…

The court may extend an interim suspension of a medical practitioner's registration where the statutory grounds for extension are demonstrated to the court's…

The ordinary civil standard of proof applies where a Mental Health Review Tribunal must determine disputed questions of present or past fact. English law…

Where judicial review proceedings are concluded without a final trial and costs remain disputed, the court should do justice between the parties without…

Selection of a site as a candidate special area of conservation must be determined by the conservation criteria in the Habitats Directive. Economic, planning…

The existence of a personal or prejudicial interest under the statutory local-government code is determined objectively. A member’s honest and reasonable…

Permission to seek judicial review of planning decisions may be refused where the challenge is plainly out of time, legally unarguable, or directed at a…

PACE Code D imposes a mandatory obligation to hold an identification procedure where the witness has identified, or may identify, a disputed suspect, unless an…

A Parole Board assessing post-tariff detention must decide whether continued confinement remains necessary for public protection. A release plan may be…

Publication of a judgment or other information from private proceedings concerning a child may constitute criminal contempt, even where the publication cannot…

Judicial review of a Crown Court refusal of bail is a review jurisdiction, not an appeal. The Administrative Court should intervene only where the decision…

A Crown Court decision refusing bail is reviewable where it is collateral to the indictment and does not relate to an issue in the trial or delay its progress.…

Where an applicant cannot satisfy the Immigration Rules, an Article 8 claim can succeed only where the facts are truly exceptional and proportionality…

A waste collection authority may charge for collecting commercial waste, provided the charge is reasonable. The exercise of that discretion is reviewed on…

For a Civil Proceedings Order under Supreme Court Act 1981, the court must assess the litigant’s conduct in the round. It may, and generally should, examine…

A person under 18 charged with an indictable offence should generally be tried in the youth court. Committal to the Crown Court is justified where there is at…

On an application to quash an inquest and order another, the court must ask whether a fresh inquest is necessary or desirable in the interests of justice. It…

Under section 14 of the Public Order Act 1986, a chief officer giving written directions about an intended assembly must identify the statutory basis for the…

The statutory powers of a local health board to fund health-related activities depend on the distinction between a service and a facility under the National…

For an extradition request concerning a conviction in the person’s absence, section 85(3) of the Extradition Act 2003 requires deliberate absence from a…

In extradition proceedings, a person resisting extradition on Article 6 grounds must establish a clear risk of a flagrant denial of a fair trial in the…

An application to require an agricultural tribunal to state a case should be granted only where the proposed question raises a fairly arguable point of law.…

An anti-social behaviour order may contain a curfew-style prohibition. The question is whether the order is substantially prohibitory, rather than whether it…

Unlicensed deposit of controlled waste is exempt only where the facts fall within a properly construed exempt activity under the Waste Management Licensing…

A procedural failure in the confirmation of a tree preservation order does not necessarily justify quashing the decision. The court must assess whether the…

A statutory challenge to a compulsory purchase order is not a rehearing on the merits. The claimant must identify a legal or procedural flaw in the decision…

An appellate court reviewing a Fitness to Practise decision will not intervene merely because it might have reached a different conclusion. Intervention…

An application under Town and Country Planning Act 1990, section 288, is confined to correcting unlawful decision-making. It cannot provide compensation…

A professional disciplinary tribunal may determine serious allegations of dishonesty within civil proceedings, while applying a high standard of proof. A…

An improvement notice must enable the recipient to understand what is wrong, why it is wrong and what is required to remedy it. The notice must be clear and…

Where a decision maintains a person’s detention, fairness may require reasons as of right. The reasons must address the statutory criterion that is legally…

An extension of a custody time limit under section 22(3) of the Prosecution of Offences Act 1985 requires the court to be satisfied both that there is a good…

A solicitor’s dishonesty in breaching practising-certificate conditions and failing to be open with an employer may justify striking-off, even where the…

Under Town and Country Planning Act 1990, section 54(a), a development plan attracts a statutory presumption, but it does not determine every application…

A disciplinary appeal panel must give reasons that enable the affected person to understand why the decision was made. The reasons should identify the material…

In a planning challenge, an inspector must address the potential for planning conditions or obligations to overcome identified harm. Reasons need be…

A decision under paragraph 346 of HC395 on whether further representations amount to a fresh asylum claim is reviewable on Wednesbury grounds. The reviewing…

A person whom a public authority is considering making the subject of an anti-social behaviour order has no legal right to be consulted before the authority…

Extra-statutory planning guidance is a material consideration, but it does not prescribe the weight that a local planning authority must give it. The weight…

A statutory appeal from a professional health tribunal must be meaningful. The appellate court should respect the tribunal’s expertise and its assessment of…

For a further mid-year school admission application after an unsuccessful appeal, the relevant question is whether there has been a significant and material…

An extension of time for a statutory appeal requires consideration of both the reasons for delay and whether justice and fairness justify relief despite it. A…

The Human Rights Act 1998 does not require an Article 2-compliant inquest into a death occurring before the Act came into force. The procedural obligation to…

Article 5(4) requires a speedy review of the lawfulness of detention, but speed does not override fairness. Reasonable adjournments to obtain evidence may be…

Under section 11(3)(b) of the Extradition Act 1989, the applicant must show that, by reason of the passage of time, returning him would be unjust or…

Where a change in tax credit affects entitlement to Housing Benefit, the notification offence under section 112(1A) of the Social Security Administration Act…

In deciding whether to remove an agricultural occupancy condition, the relevant question is whether there remains a need for such a dwelling in the locality…

In judicial review, the Administrative Court may interfere with a criminal sentence imposed by a magistrates’ court or Crown Court only where there has been an…

A local planning authority may possess a power to abandon an emerging local plan, but that power must not bypass transitional provisions enacted by Parliament.…

The death or incapacity of a judge or Special Commissioner during a case does not ordinarily remove the jurisdiction to continue the proceedings before a…

For a certificate of lawful use based on the four-year limitation period, the decision-maker must determine whether continuous residential use of a building as…

When competing applications are made to relocate pharmaceutical services, the statutory authority must determine whether the proposed relocation is necessary…

In extradition proceedings, a court should not discharge a person under section 11(3)(c) of the Extradition Act 1989 merely because foreign investigative…

For a due diligence defence to a licensing offence, the court must assess the whole evidential picture. This includes the systems introduced by the employer…

Where a defendant has pleaded guilty and received a lengthy term of imprisonment, an interim suspension order may be extended for a further reasonable period…

Judicial review is concerned with arguable legal error, not an appeal on the merits. A registrar referring a complaint for screening need only be satisfied…

For a restriction order to be justified, the court must assess whether it is necessary to protect the public from serious harm. The assessment is prospective.…

The court may decline to make a representative or advocacy-related direction where no application has been made and the court would in any event doubt its…

Judicial review of a Crown Court bail decision is available despite the abolition of the former application to a High Court judge. The jurisdiction should…

In a Green Belt planning case involving a gypsy site, the applicant bears the overall burden of establishing very special circumstances. That does not create a…

Judicial review of a Legal Services Ombudsman’s decision examines legality, not the merits of the original complaint against solicitors or the professional…

In deciding whether breath specimens were affected by mouth alcohol, the court must assess the evidence as a whole. It need not find that mouth alcohol was…

When deciding whether to designate a country under section 94(5) of the Nationality, Immigration and Asylum Act 2002, the Secretary of State must assess the…

In a planning appeal, the sequential approach requires genuinely realistic alternative sites. Where there is a clear and immediate need, an alternative…

An adjudicator must determine every matter raised as a ground of appeal, including a distinct discrimination ground. However, the grant of leave to enter…

Under the Extradition Act 2003, a warrant alleging conduct partly in a Category 1 territory and partly in the United Kingdom may nevertheless disclose an…

A summons alleging unnecessary suffering to animals must identify the act or omission said to have caused the suffering and the care or attention allegedly…

A challenge under section 288 of the Town and Country Planning Act 1990 is confined to errors of law. The weight given to evidence and planning considerations…

A public authority conducting a substantial consultation must give consultees sufficient information and reasons to enable an intelligent response. Further…

In environmental impact assessment cases, a planning authority must decide whether a development is likely to have significant environmental effects on…

A claim concerning pension and employment conditions arising from service in the Territorial Army is a private-law claim against the Ministry of Defence. It…

In an urgent judicial review application, interim relief will ordinarily provide sufficient protection. The court should not normally grant permission merely…

In a judicial review concerning removal for deception, the Secretary of State bears the burden of proving deception. The court must assess the evidence itself…

In determining a minimum term for an existing mandatory life prisoner, the High Court must apply the statutory framework in Schedule 22 to the Criminal Justice…

When reviewing a notified minimum term under Schedule 22 to the Criminal Justice Act 2003, the High Court must assess the seriousness of the offence by…

A statutory body entrusted with making findings or judgments must ordinarily apply its own mind to determinative questions. It may adopt the findings of a…

Part 7 of the Housing Act 1996 addresses ordinary housing needs. It does not authorise a local authority to provide accommodation specially adapted to a…

Proceedings for a closure order under section 2 of the Anti-social Behaviour Act 2003 are civil proceedings, although Articles 6 and 8 of the Convention may be…

A criminal prosecution may be stayed for abuse of process where a fair trial has become impossible, or where trying the case would offend the court’s sense of…

An adjudicator deciding an immigration appeal must determine the case on the evidence adduced by the parties. The adjudicator has no obligation to investigate…

For an order under section 42 of the Supreme Court Act 1981, the court may consider the litigant’s whole history of proceedings. The relevant circumstances…

Where a sentencing court requires an offender both to undertake unpaid work and to remain under supervision, the statutory limits governing a community…

Representations following refusal of asylum constitute a fresh claim only where they are sufficiently different from the earlier claim to create a realistic…

Paragraph 2(3) of Schedule 14 to the Courts and Legal Services Act 1990 authorises conditions imposed when a foreign lawyer’s registration is initially entered…

For statutory compensation under Criminal Justice Act 1988, a fact may be new or newly discovered even if it relates to an issue raised at trial. However, the…

For the purposes of the Wildlife and Countryside Act 1981, the definitive map is the primary document. If its accompanying statement can properly be read as…

Under rule 5(2) of the Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002, the justices' clerk decides only whether it is necessary for an interim…

Where a suspect disputes identification, Code D ordinarily requires an identification procedure unless it is impracticable or would serve no useful purpose. A…

Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 did not confer on the Central Arbitration Committee a general supervisory…

Forfeiture of cash under the Proceeds of Crime Act 2002 may be ordered where, on the balance of probabilities, the evidence establishes that the cash was…

When considering an application to extend an interim suspension imposed by a professional regulator, the court should give considerable weight to the…

Judicial review is available only for a complaint susceptible to public-law review. It cannot provide a remedy for a long-standing private dispute about…

An academic public-law claim should ordinarily be heard only where there is a good reason in the public interest. Relevant considerations include factual…

An appeal panel which overturns permanent exclusion should not refuse reinstatement unless exceptional circumstances make reinstatement impractical, including…

The Parliament Acts 1911 and 1949 provide an alternative legislative route through which an Act of Parliament may be enacted without the consent of the House…

An applicant who seeks judicial review or habeas corpus relief must attend the hearing or ensure that the claim is properly represented. Where the applicant…

In an accusation case under the Extradition Act 1989, the Secretary of State need only have sufficient information to justify issuing an arrest warrant. Where…

Previous planning decisions are material considerations, but they inform rather than fetter the later decision-maker’s judgment. A planning committee may reach…

An appellate tribunal should not interfere with an adjudicator’s findings of fact unless they are plainly wrong or unsustainable. A finding that reasons are…

In reviewing a planning inspector’s assessment of very special circumstances in the Green Belt, the court must respect the inspector’s evaluative judgment…

A lawfully adopted government policy does not automatically require a continual, proactive review mechanism because it may cause planning blight. The…

Certification as clearly or manifestly unfounded involves a screening process, not a full merits determination. The Secretary of State must consider the claim…

An appeal from a professional performance decision raises a question of law where the committee’s material finding lacks sufficient evidence, is clearly…

Where removal would expose a person to a serious and rapid deterioration in health because essential treatment is unavailable in the receiving country, the…

A compulsory purchase order may lawfully support a comprehensive regeneration scheme led by private development, including a replacement football stadium. The…

In a public-interest judicial review, the court may depart from the usual order that costs follow the event where the claimant has no private interest, limited…

A Mental Health Review Tribunal exercising its discretion under section 75(3) of the Mental Health Act 1983 may consider mental disorders other than the…

Whether it is practicable to inform or consult a patient’s nearest relative under section 11 of the Mental Health Act 1983 may require consideration of the…

A local authority may use Children Act 1989 powers to provide accommodation for a parent where necessary to safeguard or promote a child’s welfare. Those…

A public authority undertaking a non-statutory consultation must apply the same standards as for statutory consultation. Consultation must occur while…