High Court: Administrative Court judgments, 2006

Magistrates have a residual discretion to admit further prosecution evidence after retiring to consider their verdict, but its exercise requires special…

A prosecutor’s decision not to prosecute may be quashed where an objective appraisal shows that serious points supporting prosecution were not considered, or…

Recognition as a refugee does not create an automatic entitlement to indefinite leave to remain. The Secretary of State may change the policy governing the…

Section 37 of the Police and Criminal Evidence Act 1984 permits a custody officer to obtain prosecutorial advice before deciding whether there is sufficient…

For the purposes of permanent disablement under regulation A12 of the Police Pensions Regulations 1997, “the force” ordinarily means the particular local…

A local authority may revise community-care eligibility criteria and reorganise respite services to address genuine budgetary pressures, provided it follows a…

A regulatory body that supplies information to the General Medical Council is not thereby a complainant under the applicable procedural rules. Unless the rules…

Where educational provision overlaps with care, the distinction is not governed by a rigid boundary based on the time, place or manner of provision. The local…

In planning decisions, the prospective creation of further unauthorised development may be a material consideration where it is likely to produce identifiable…

For a speeding conviction on a road without street lighting, the statutory defence applies unless the required signs adequately indicate the speed limit. It is…

Secondary legislation may amend primary legislation under section 2(2)(b) of the European Communities Act 1972 where the amendment arises out of, or is related…

On an appeal under Solicitors Act 1974, the High Court may determine summarily whether disciplinary allegations disclose a case to answer, provided factual…

An authorisation procedure for demonstrations may comply with Article 11 of the Convention. Where proceedings concern only participation in, or organisation…

Where related immigration claims arise from identical facts, the Secretary of State must consider a decision affecting one family member when exercising…

In an extradition warrant, the alleged conduct must be identified with sufficient certainty, but the court need not impose the technical detail required in an…

Delay bars extradition only where, in the circumstances of the particular case, return would be unjust or oppressive. The court must assess both prejudice to…

An appeal from a specialist professional tribunal is not confined to judicial review. The court will interfere where the decision is wrong, although…

Whether an agricultural structure is operational development is a matter of fact and degree. The court must consider all the circumstances, including size…

A decision not to prosecute is lawful if it complies with the Code for Crown Prosecutors and falls within the range of decisions reasonably open to the…

A recommendation for deportation does not create a presumption that detention will continue after completion of a custodial sentence. The Secretary of State…

Criminal Justice Act 2003, sections 254 and 255, confer separate recall powers which are not mutually exclusive. Eligibility for recall under section 255 does…

A permit condition referring to odours “as perceived by an authorised officer” is not invalid or ultra vires merely because odour is assessed by human…

A special educational needs tribunal must address the substantial points raised by the parties. Where professional evidence materially supports a residential…

In a challenge to a planning inspector’s decision, the court must read the decision letter as a whole and ask whether the inspector considered material…

Whether deemed consent exists for advertisement hoardings is determined by the statutory scheme and the factual character of the display. A material dispute…

Planning policies must be interpreted according to meanings their words are properly capable of bearing. The court may intervene where a decision maker adopts…

A council tax disability reduction requires more than occupation of a room by a substantially and permanently disabled person. Under regulation 3, the relevant…

For the purposes of the statutory double-jeopardy bar, the court must consider both whether the proposed prosecution arises from the same or substantially the…

The court may grant a time-limited order where proportionality concerns arise from the duration of a regulatory process. The period should reflect the…

For a hearsay statement to be admitted under section 116 of the Criminal Justice Act 2003, the prosecution must prove to the criminal standard that the witness…

An order for prosecution costs must compensate the prosecutor, not punish the defendant. Under Prosecution of Offences Act 1985, the court may award costs…

The Criminal Cases Review Commission is not generally required to apply the Court of Appeal Criminal Division’s practice on extensions of time and leave to…

For the purposes of the four-year enforcement time limit, the relevant question is whether successive enforcement notices concern the same actual development…

Assets may be recovered in civil recovery proceedings where the claimant establishes, on the balance of probabilities, that they are proceeds of crime. A…

Article 10 does not confer an absolute right to broadcast political advertising. A statutory prohibition may be justified where it protects the integrity of…

In extradition proceedings under the Extradition Act 1989, a person convicted in absentia remains a convicted person where the proceedings are final and the…

Where proportionality and Convention rights are engaged, fairness may require the appointment of a special advocate if significant material relied on by the…

In assessing whether the loss of tourist accommodation is justified by economic non-viability, a planning inspector may treat a way-of-life or owner-manager…

For the statutory defence of lawful excuse, wild animals are not “property” merely because they are being attracted towards traps. The animals must be…

A statutory appeal against refusal of asylum support is available where the Secretary of State decides that the applicant does not qualify for support under…

Under section 41A of the Medical Act 1983, the High Court may rehear an application concerning an interim suspension order and decide what order is…

Material derived from waste may cease to be waste after a recovery operation, but that conclusion is not automatic. Where the material is intended to be burnt…

On a statutory extradition appeal, a court starts from the fundamental assumption that the requesting state acts in good faith. Where that state has…

Planning obligations must satisfy all cumulative policy tests, including necessity, relevance to planning, direct relationship to the proposed development…

Section 4 of the Immigration and Asylum Act 1999 confers a power to provide facilities for the accommodation of failed asylum seekers. It does not confer a…

In civil recovery proceedings, the limitation period is generally governed by section 27A of the Limitation Act 1980. Section 32(1)(a) does not ordinarily…

For the passage of time to bar extradition, the accused must show on the balance of probabilities a serious risk of injustice or oppressive hardship. Injustice…

A statutory appeal route does not prevent judicial review where the decision-making process is alleged to be defective, unless judicial review is expressly…

Extradition is not oppressive merely because time has passed, the accused have grown older, or their family circumstances have changed. Delay attributable to…

Applications for disclosure in prosecutions involving breath-testing equipment require a realistic evidential basis for questioning whether the device…

Permission for judicial review requires an arguable public-law claim with a realistic prospect of success. A decision which has been overtaken by later events…

Planning conditions imposed after the grant of permission must be construed carefully and narrowly. Details approved under them must be sufficiently clear to…

A temporary operational transfer of prisoners from open to closed conditions may lawfully be made under the Secretary of State’s broad statutory discretion…

A Mental Health Review Tribunal considering detention under section 2 of the Mental Health Act 1983 must assess whether detention is justified when it makes…

When a local planning authority rejects an inspector’s recommendations and leaves the plan substantially unchanged, a further inquiry will usually be…

When sentencing, a magistrates’ court must determine the appropriate community order by reference to the seriousness of the offence and the offender’s…

Under section 42(3) of the Mental Health Act 1983, recall does not require proof that deterioration has already occurred or is inevitable. The Secretary of…

In assessing seriously deficient professional performance, the relevant standard is the standard reasonably expected of the practitioner in the post and…

The Information Commissioner has a statutory role in assessing whether a national-security exemption under Data Protection Act 1998, section 28, has been…

In European arrest warrant proceedings, a warrant relating to several offences is not invalid merely because it states one aggregate sentence where the…

Procedural non-compliance with the requirement to put an information to an accused does not invalidate proceedings where the accused understood the allegation…

Adjournment decisions are matters of judicial discretion, but magistrates must ensure that the parties receive a fair opportunity to present their cases.…

The statutory regime for sixth-form-age children does not impose an absolute duty on a local education authority to provide physical transport, including for…

On an appeal by case stated, the appellate court is confined principally to the magistrates’ findings of fact. A prescribed speed-detection device may provide…

Whether a person has exercised all due diligence under section 169 A(3) of the Licensing Act 1964 depends on all the circumstances of the business. The…

For an anti-social behaviour order under section 1(1)(a) of the Crime and Disorder Act 1998, the prosecution must prove to the criminal standard that the…

For a closure order under section 2(3) of the Anti-Social Behaviour Act 2003, the drug-related use of premises must be associated with the disorder or serious…

In proceedings under Part 1 of the Extradition Act 2003, the English court should not undertake a detailed inquiry into the requesting state’s criminal law to…

Certification for an appeal requires a genuine question of law of general public importance. A question that is misconceived, tendentious or concerned only…

Part VII of the Care Standards Act 2000 permits a care provider to refer a worker for pre-commencement misconduct, although section 82(10) removes the duty to…

When reviewing a planning decision, the court must respect the decision-maker’s planning judgment. However, the decision letter must address the principal…

On an appeal by case stated, the High Court is confined to the facts recorded in the case stated. The parties cannot supplement that record with notes of…

A person may be criminally liable as a party to a joint enterprise without entering the premises, striking a blow or actively encouraging the offence while it…

A legitimate expectation of a substantive immigration outcome requires a clear and unambiguous representation by an official with appropriate authority.…

A decision to prosecute for breach of a planning enforcement notice is theoretically reviewable, but successful judicial review will be rare. Where Convention…

When choosing between a lump sum and periodical payments for future care, the court must consider all the circumstances and identify the form of award that…

A disciplinary tribunal’s stay for abuse of process may amount to a final decision capable of appeal where it brings proceedings to an effective end. The…

The power under section 178 of the Town and Country Planning Act 1990 is discretionary. Its possible use in a manner incompatible with Article 8 does not…

For an offence under section 5 of the Public Order Act 1986, harassment is distinct from alarm and distress. The prosecution need not establish emotional…

Duress or necessity may provide a defence to a charge of driving with excess alcohol. Once raised, the prosecution must disprove both the defendant’s genuine…

In a planning challenge under Town and Country Planning Act 1990, an inspector may resolve a disputed noise issue by using ordinary experience and observations…

On a retrial or resumed criminal proceedings, a prosecution is not generally confined to evidence available at an earlier, improperly adjourned hearing. A…

Where established procedures are designed to secure the accuracy of a forensic sample or analysis, the court may presume that those procedures were properly…

The court may extend an interim suspension order where the circumstances justify continued restriction and the statutory conditions for extension are…

An interim suspension order may be extended where the court is satisfied that continuation remains necessary on the grounds supporting the original order…

Whether a building falls within Class A of Part 4 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 depends on all the…

A recall to prison is lawful if, on the information available when the decision was made, the Secretary of State was entitled to recall the prisoner. The fact…

An adjudicator determining an asylum claim must address a highly material credibility issue identified in the refusal letter, even where the adjudicator may…

For a non-exempt category 2 territory, extradition material must satisfy the Extradition Act 2003 case-to-answer requirement. A statement may be treated as…

Under Annex A of Planning Policy Statement 7, residential accommodation at a rural enterprise must be essential to its proper functioning. It is insufficient…

When considering whether restrained funds may be released to pay legal expenses under the former restraint-order legislation, the availability of public legal…

A pathway plan for a care leaver must identify the young person’s needs and specify what is to be done, by whom and within what timescale. The responsible…

An application for a civil proceedings order under Supreme Court Act 1981, section 42, may be stood out where an existing extended civil restraint order…

In a summary criminal trial, the prosecution must disclose its case in sufficient detail to enable the defendant to prepare a fair defence. The obligation is…

Under section 13 of the Coroners Act 1988, shortcomings in an earlier inquest do not automatically justify a fresh inquest. Where relevant evidence has been…

The Article 2 investigative duty is not governed by one threshold applicable to every case. Whether it arises depends on the particular circumstances and…

Whether a building is a self-contained unit for council tax purposes is determined objectively by reference to what was constructed or adapted, not by the…

The Ombudsman’s discretion to investigate complaints is reviewable on ordinary judicial review grounds, but the court will intervene only in the usual limited…

Detention pending deportation remains lawful where it is genuinely directed to removal and has not exceeded the period reasonably necessary for that purpose.…

A Crown Court decision during an indictment trial to remand a witness in custody pending possible further evidence is a matter relating to the trial on…

When judicial review proceedings are withdrawn or settled without determination of the substantive issues, the court retains power to decide costs. The court…

When a person subject to a civil restraint order under Supreme Court Act 1981, section 42, seeks leave to continue proceedings, the court cannot use that…

On a statutory appeal concerning council tax liability, the tribunal had to reach its own decision on the evidence and determine liability on the balance of…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, rationality and adequacy of reasons, but does not…

For extradition purposes, a person convicted by a competent court is detained under Article 5(1)(a), even where the conviction followed an absent trial and a…

A planning permission must be construed from its wording, conditions and stated reasons. The permission may lawfully distinguish between uses within the same…

Routine listing pressure at a Crown Court does not constitute good and sufficient cause for extending custody time limits. Such an extension requires…

Under section 2 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, the document which must be provided after a post-entry asylum interview…

Under section 14 of the Extradition Act 2003, oppression must result from the passage of time. The court must identify hardship caused by changes in the…

A detention and training order must comply with the statutory terms prescribed by the Powers of Criminal Courts (Sentencing) Act 2000. Time spent on remand is…

A local authority code of conduct may regulate conduct outside a member’s official capacity only where it is properly connected with the performance of the…

A professional disciplinary tribunal may proceed in a practitioner’s absence where the practitioner knew of the hearing, lacks a reasonable explanation for…

When an application seeks to downgrade a right of way recorded on a definitive map, the challenger must establish on the balance of probabilities, by cogent…

When deciding whether to extend an interim order suspending a doctor’s registration, the court must exercise its own judgment. It is not required to endorse…

Where a Mental Health Review Tribunal recommends transfer or other steps to facilitate discharge and reserves power to reconsider the patient’s case, the…

On an appeal by way of case stated, the court may uphold a conviction where the evidence, viewed in the round, entitled the magistrates to find both that there…

For criminal damage, recklessness requires proof that the defendant personally foresaw the possibility of damage. The test is subjective. A court may infer…

A defective homelessness decision under section 184 of the Housing Act 1996 is not necessarily a nullity. The statutory review under section 202, including the…

The standstill clause in Article 41(1) of the Additional Protocol requires an application for establishment by a Turkish national to be considered under the…

For the purposes of a civil proceedings order under Supreme Court Act 1981, the court must examine the litigant’s history as a whole. It does not determine…

Under sections 11 and 14 of the Extradition Act 2003, delay makes extradition unjust only where the requested person establishes a real risk of serious…

A roadside breath test may be either a Road Traffic Act 1988 section 6 preliminary test or, under the later legislation, a section 7 evidential test on an…

The statutory definition of “locality” for calculating a local reference rent must be applied as written. It requires consideration of adjoining…

In a category 2 extradition case, passage of time bars extradition only where it would be unjust or oppressive to return the requested person. Delay caused by…

Procedural fairness in parole decisions is context-sensitive. Where the applicant is a child, fairness may require more than consideration of written material.…

For the purposes of Extradition Act 2003, a sentence appeal conducted by review, rather than retrial, is not a conviction or trial within section 20 where the…

An anti-social behaviour order may prohibit conduct which also constitutes a criminal offence. There is no absolute bar. The controlling question is whether…

Where extradition cannot take place for several years because the person is serving a domestic sentence, it is irrational to decide immediately whether…

Under section 13 of the Coroners Act, the High Court may order a fresh inquest where this is necessary or desirable in the interests of justice because of…

Procedural fairness in an immigration exclusion case is context-sensitive. It will generally require notice of the proposed decision, sufficient disclosure of…

On an appeal under the Extradition Act 2003, oppression requires more than the ordinary hardship of extradition, even where the requested person has…

A young offender must not receive a more severe sentence than an adult could have received for the same offence. Youth is a mitigating factor, not an…

Information discovered by an interim receiver while executing an interim receiving order may be used in a later application concerning different unlawful…

A police policy directed primarily to arrest and efficient deployment does not, without clear words, prohibit a caution or prosecution for simple possession of…

At the permission stage, an applicant challenging refusal of indefinite leave to remain as a victim of domestic violence may argue that the Secretary of State…

In judicial review of a policy decision, the court will not intervene where an unlawful reason was relied on but the decision-maker would inevitably have…

Compulsory purchase powers for area-wide regeneration may be exercised by assessing the designated land as a unified and coherent whole. Individual parcels…

On a statutory appeal under the Wildlife and Countryside Act 1981, an inspector’s decision contains an error of law where a conclusion about the evidence could…

The statutory duty to involve and consult patients and the public applies to decisions involving changes in the way health services are provided. It is not…

Payments to a non-listed person may constitute funds made available indirectly for the benefit of a listed person where, in the circumstances, it can…

In a substantive legitimate-expectation claim, the court must identify the promised benefit, determine whether the expectation is legitimate, and decide…

Planning policy requiring parking provision must be interpreted in the light of current national policy. An inspector must identify whether material…

A local authority deciding whether immigration-related restrictions prevent support must distinguish the merits of an outstanding human-rights application from…

For interlocutory relief, a claimant must show a serious question to be tried and that the balance of convenience favours relief. A body subject to public-law…

Where the Crown Prosecution Service has discontinued proceedings, magistrates considering a private-prosecution summons should not require special…

When substantive judicial review proceedings become unnecessary because the defendant changes its policy or decision, the court may decide costs by assessing…

A community-care assessment is unlawful where the authority fails to consider material evidence about risks, independence, accommodation and carers. The…

An unequivocal guilty plea accepted by the court proves the defendant guilty according to law for the purposes of Article 6(2) of the Convention. The…

District judges conducting extradition proceedings must investigate allegations of abuse which are particularised, legally capable of constituting abuse and…

A detainee’s right to legal advice of choice is fundamental, but it is not absolute. The police may exclude a particular legal adviser where there are…

An independent appeal panel dealing with exclusions arising from one incident must itself consider whether the appeals should be combined or heard by the same…

A public education authority appearing before a special educational needs tribunal must disclose all relevant information, including matters adverse to its…

A decision made by a High Court judge exercising the jurisdiction of the High Court is not amenable to judicial review. The principle applies even where the…

Where an asserted minor’s age is central to a detention decision, it is arguable that the decision-maker must give legally adequate reasons explaining why the…

A local authority may retain land for future economic and employment purposes even where it has received a substantial offer and its refusal prevents…

Under section 2 of the Chronically Sick and Disabled Persons Act 1970, the authority must assess the disabled person’s needs, decide whether arrangements are…

An extradition appeal concerning medical condition will succeed only where extradition would breach the appellant’s human rights. The Secretary of State’s…

An Ombudsman’s decision letter must be read as a whole and in a common-sense, rather than legalistic, manner. Reasons are adequate where they make the basis of…

Removal directions must allow a person a real opportunity to seek judicial review. Where the Home Office’s operational instructions require removal to be…

On a statutory challenge to a planning inspector’s decision, the court may intervene only for an error of law. A decision is not unlawful merely because the…

When deciding whether to extend custody time limits under Prosecution of Offences Act 1985, the court must consider whether the prosecution acted with all due…

On a fresh asylum or human-rights claim, the question is whether the further submissions are significantly different from the material previously considered…

Where an application is made to declare a person a vexatious litigant, the burden of proving that the person is a patient rests on those asserting that status.…

A specialist tribunal’s listing policy is not irrational merely because it delays listing until the respondent’s bundle is lodged or the period for lodging it…

An appeal from a Fitness to Practise Panel is a rehearing constrained by established appellate principles. In matters requiring professional medical…

A tendering or pre-qualification process conducted by a public body is amenable to judicial review only where the challenged decision has a sufficient public…

On an appeal by case stated, the High Court may examine the lawfulness of a magistrates’ court sentence where it is harsh and oppressive or falls outside…

A penalty charge notice must state the date of the notice, separately from the date of the alleged contravention, so that the statutory payment periods can be…

Article 2 does not prescribe one uniform form of investigation. The required intensity depends on the nature of the possible violation and the involvement of…

The Criminal Cases Review Commission’s refusal to refer a conviction is subject to judicial review on a residual basis. The reviewing court must ensure that…

The Framework Decision and Part 1 of the Extradition Act 2003 do not require the Secretary of State automatically to de-designate a Member State because its…

A Solicitors Act 1974 section 43 order is regulatory, not punitive. It protects public confidence in the solicitors’ profession and permits control over…

On judicial review, the court does not substitute its own assessment for the Secretary of State’s judgment under the applicable Immigration Rules. Where the…

When an interim order imposed on a medical practitioner has severe practical and financial consequences, the court must balance protection of the public…

In professional disciplinary proceedings, confidential documents may ordinarily be ordered to be produced where they are reasonably required for the inquiry.…

Where an acquitted defendant claims reimbursement from central funds for expenses incurred in preparing a criminal defence, the assessment must focus on…

Railway infrastructure charging rules must be construed purposively and consistently with their European objectives. Different charges for franchised and…

Under Class C of the Council Tax (Liability for Owners) Regulations 1992, as amended, the alternative requirements in subparagraphs (a) and (b) are…

The character of an imitation firearm is determined objectively by the tribunal of fact. Where doubt exists, the tribunal may consider the evidence of…

An appellate court reviewing a professional disciplinary tribunal must apply the statutory appeal grounds and respect the tribunal’s evaluative judgment. It…

A private mutual defence organisation is not amenable to judicial review merely because its discretionary indemnity for healthcare professionals has…

An adjudicator may approve the discontinuance of a maintained school before an academy funding agreement is finalised, provided approval is conditional on the…

Section 102(1) of the Housing Act 1985 provides an exhaustive code for varying the terms of a secure tenancy. A contractual term cannot impose a different…

Closure-order proceedings under the Anti-social Behaviour Act 2003 are civil proceedings, but the court must be satisfied strictly that each statutory…

Regulation 7 of the Community Care Services for Carers and Children's Services (Direct Payments) (England) Regulations 2003 limits direct payments for…

A planning appeal to the Administrative Court is concerned with identifying an error of law in the inspector’s decision. It is not a rehearing of the planning…

A formal police caution may be administered only where there is clear and reliable evidence of a voluntary admission. The admission must relate to every…

The Secretary of State may refuse consent to community leave for a restricted patient where, after an informed assessment, there is a significant risk of…

A professional disciplinary committee must give reasons for a penalty which demonstrate how it protects the public, maintains confidence in the profession and…

An extra-statutory immigration policy creating a general presumption in favour of families whose children have lived continuously in the United Kingdom for…

A concession disapplying the three-year limit for VAT repayment claims applies only where the overpayment is caused by a simple duplication of output tax. The…

A specialist educational needs tribunal must determine every substantive dispute before it and give reasons sufficient to explain why a party succeeded or…

Member States may define minimum good agricultural and environmental requirements regionally under Article 5 of Council Regulation (EC) No 1782/2003, provided…

Planning inspectors are not bound by an earlier inspector’s decision on a later application. They must, however, give intelligible and adequate reasons for the…

In an appeal concerning professional disciplinary proceedings, an extension of time may be granted where the appeal is reasonably arguable and the interests of…

Whether a child remains a member of a parent’s household is a question of fact and degree. The court must consider all the circumstances, including residence…

A statutory power to publish licensing criteria may authorise an absolute rule debarring applicants convicted of specified serious offences. The usual…

A disciplinary tribunal may find dishonesty without proof of a corrupt motive. The question is whether the solicitor knowingly acted dishonestly when the facts…

Where statutory wording contains an obvious drafting error, the court may correct it by adding, omitting or substituting words, but only in a plain case. The…

An appeal raising important issues of principle should be adjourned where the prosecuting authority requires an opportunity to be represented and address those…

For the statutory presumption concerning articles displayed in a street, the relevant question is why the article was brought into that particular street. The…

Whether premises constitute a dwellinghouse for planning purposes is a question of fact and degree. The court must consider both the physical state and…

For residential accommodation under the National Assistance Act 1948, the deeming provision preserves the responsible authority where accommodation should have…

Article 6(1) requires confiscation-order enforcement proceedings, including proceedings seeking imprisonment in default, to be brought and determined within a…

On an application requiring an Agricultural Lands Tribunal to state a case, the claimant must show a fairly arguable question of law arising from the…

Article 14 of the ECHR requires differential treatment to be based on a personal characteristic or other status. Having accommodation, or being without…

A national court should ordinarily refer an unresolved question of Community law to the ECJ unless it can resolve the issue with complete confidence. Restraint…

On an application to extend custody time limits, the prosecution must establish both that the statutory ground for extension is satisfied and that it has acted…

Where publication of confidential medical information engages Articles 8 and 10, the court must examine the substance of the decision with close and…

In reviewing successive decisions on housing priority, the court may assess the process and evidence in the round where the decision-making process is…

A local authority does not lose responsibility for residents’ Convention rights merely because it transfers care-home provision to a private operator. A…

The court has jurisdiction to grant an injunction in support of a planning condition, although such relief is rare because enforcement will ordinarily be…

On an appeal under Town and Country Planning Act 1990, section 288, the court reviews the legality of the inspector’s decision rather than its planning merits.…

For the purposes of section 20 of the Extradition Act 2003, a person does not deliberately absent himself from a criminal hearing merely because he received…

Under Anti-Social Behaviour Act 2003, a dispersal direction based on the presence of a group normally requires some behaviour indicating harassment…

An Ankara Agreement application has no merit where an immigration judge has rejected material parts of the claimant’s account and that finding remains…

A specialist educational tribunal must decide whether the proposed education is adequate or suitable for the child’s ability, aptitude or special educational…

A claim is “clearly unfounded” only where it is bound to fail before an immigration judge, or cannot succeed on any legitimate view. The assessment is…

A special educational needs statement must identify provision with sufficient specificity and clarity to show what has been decided. It must not delegate the…

When a further custody time-limit extension is sought, the statutory requirements of good and sufficient cause and due diligence and expedition ordinarily…

When deciding whether to send a defendant under 18 to the Crown Court for trial on a specified offence, a youth court must apply the statutory dangerousness…

In determining the proper planning unit, the court must consider the character of the occupation and the relationship between activities carried on within it.…

At the permission stage of a judicial review, permission should be granted where the claim is properly arguable, even though the claimant may ultimately be…

For deletion of a public right of way from a definitive map, the decision-maker must begin with a presumption that the recorded right exists. That presumption…

A witness summons issued under Magistrates' Courts Act 1980, section 97, requires satisfaction of two cumulative conditions: the proposed witness or material…

A court may extend an interim suspension of professional registration where suspension remains necessary for public protection or is otherwise in the public…

A need for suitable housing does not, without more, trigger the duty under section 21(1)(a) of the National Assistance Act 1948. The claimant must have a need…

An adverse inference from a defendant’s failure to answer questions in police interview requires the defendant to have relied at trial on a fact which was not…

A European arrest warrant must satisfy the statutory requirements in section 2(4) of the Extradition Act 2003. In particular, it must provide sufficient…

Under section 31(1) of the Highways Act 1980, the inquiry has two stages. The claimant must first establish 20 years’ public use as of right and without…

The Early Removal Scheme conferred a discretionary power on the Secretary of State. It did not impose a duty to remove a foreign prisoner early, or to comply…

Where a court is asked to order disclosure of confidential medical or psychiatric records relating to a prosecution witness, Article 8 requires a fair…

Whether accommodation is a self-contained unit under article 2 of the Council Tax (Chargeable Dwellings) Order 1992 requires an objective assessment of its…

Under the deemed-permission regime for advertisements, a sign changed from “To Let” to “Let By” may constitute prima facie evidence that a tenancy has been…

On an appeal under the Extradition Act 2003, the question is whether the whole material establishes, on the balance of probabilities, that the requested…

Under section 34 of the Environmental Protection Act 1990, liability does not require proof that controlled waste has actually escaped. The offence is failure…

An officer’s report need not identify every potentially material planning policy in detail. The report is sufficient where it enables an experienced planning…

A national court may refer the validity of an EU directive to the European Court of Justice before domestic implementing measures have been adopted. It must…

A habitual residence condition for jobseeker’s allowance and homelessness assistance may lawfully apply to British citizens. Section 41(2) of the Race…

A defendant relying on an informal authorisation to discharge trade effluent bears an evidential burden of raising evidence of the authorisation. The legal…

Section 15(5A) of the Road Traffic Offenders Act 1988 does not require a person supplied with part of a divided blood specimen to be given a choice of which…

For a council tax disability reduction, a facility is required to meet a disabled resident’s needs where it is essential or of major importance to the…

A decision by the Crown Prosecution Service to prosecute may be reviewed in exceptional circumstances. Judicial review is available where the decision…

Whether restrictions amount to a deprivation of liberty under Article 5 depends on the individual’s concrete situation. The court must assess the cumulative…

A Part 1 European arrest warrant must give particulars of the circumstances in which the requested person allegedly committed the offence. Under section…

Where a defendant’s costs order is made out of central funds, the court must apply the statutory scheme governing the amount payable. A reduced award under…

A bail application directly affecting personal liberty should ordinarily be heard in public. The court must begin with the fundamental presumption of open…

Section 11 of the Public Order Act 1986 requires notice only where a public procession has one of the statutory collective intentions. A procession is not…

Under sections 85(5) and 85(8) of the Extradition Act 2003, a person convicted in absence and not deliberately absent from trial must be discharged unless the…

For the statutory breath test, “breath” is not confined to deep-lung air. Breath contaminated by alcohol from regurgitation remains breath for the purposes of…

An application for judicial review concerning pending magistrates’ court proceedings must be made promptly and, where appropriate, with a request for…

Where bail is refused to a 15- or 16-year-old, the court must apply the modified statutory scheme governing remand accommodation. The court must identify…

Service provisions in the Road Traffic Offenders Act 1988 provide an alternative route for serving a section 9 witness statement; they do not exclude service…

Routine night-time security checks of category A prisoners do not breach Article 3 merely because they disturb sleep or cause inconvenience. Prison security…

On an appeal under the Extradition Act 2003, the refusal to issue a witness summons could not, without more, provide a basis for allowing the extradition…

Under the disability discrimination provisions governing schools, the duty to take reasonable steps in relation to education is wide enough to include steps…

Under rule 353 of the Immigration Rules, further submissions constitute a fresh claim only where they are significantly different and, taken with the earlier…

A statutory requirement may be mandatory, but it must be proved only when properly put in issue. A defence should identify an alleged evidential defect at the…

Criminal proceedings should be stayed for delay only where a fair trial is no longer possible or it would be unfair to try the defendant. Delay caused or…

Where a tribunal has made the relevant factual findings and the evidence could have been presented at the original hearing, the court should not ordinarily…

A statutory review of a local plan is not an appeal on the merits. The court may intervene only for an error of law within the statutory grounds. Supplementary…

A person unlawfully present in the United Kingdom may be refused permission to marry where the refusal is rationally connected and proportionate to effective…

On a renewed application for judicial review, permission may be granted out of time where the delay has caused no prejudice and a wider review is likely to…

The duty under section 11 of the Health and Social Care Act 2001 may apply when a primary care trust replaces a failed service. The label “reprovision” does…

A screening opinion for a Schedule 2 development must assess the environmental impact of the development as a whole once the proposal crosses the relevant…

An adjudicator’s decision allowing an appeal against refusal of entry clearance, without directing its issue, is binding within its proper limits. Entry…

There is no fixed period after which extradition must automatically be regarded as unjust or oppressive. The court must assess, on the evidence in the…

Amendment of a summons after the statutory limitation period cannot be used to substitute a genuinely different defendant. The relevant distinction is between…

An amendment to a case stated should be refused where the proposed addition does not advance the issue to be determined and the applicant already has the…

Where a suspect gives reasons for refusing a blood specimen, a police officer may decide whether those reasons are plainly incapable of being medical reasons.…

The defence under section 92(5) of the Trade Marks Act 1994 requires the defendant to prove an objectively reasonable belief that the use of the sign was…

Where an appeal rests on a wholly technical and meritless defence, the appellant should ordinarily bear the prosecution’s costs, even if an earlier hearing…

A breath analysis is not invalid merely because a mobile telephone or police radio may have been present and switched on contrary to a manufacturer’s…

Judicial review of a parking adjudication is concerned with the lawfulness and reasonableness of the review decision, not with reopening the underlying merits.…

When confirming a tree preservation order, a local planning authority must consider the substance of objections and representations, but it need not address…

Section 16 of the Road Traffic Offenders Act 1988 provides a statutory method of proving alcohol readings, but it is not exhaustive. The prosecution may rely…

In reviewing a professional disciplinary sanction, the court should interfere only where the sanction is clearly wrong. The court must respect the disciplinary…

Proceedings should be stayed for delay only where a fair trial is impossible or it would be unfair to try the defendant. Loss of potentially relevant evidence…

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

Magistrates must state a case where the proposed question involves the interaction between established facts and statutory provisions. Such a question is not…

On an appeal by way of case stated, an acquittal is perverse only where no reasonable tribunal, properly directed on the facts and law, could have acquitted.…

For the purposes of section 64(3) of the Extradition Act 2003, conduct may occur partly in the requesting territory even where the accused was physically…

Under Extradition Act 2003, where the issue is whether a person deliberately absented himself from trial, the requesting state bears the burden of proof. By…

When deciding whether to extend time for a judicial review claim concerning an asylum decision, the court may consider whether the claimant has an arguable…

A finding of neglect at an inquest requires a gross failure to provide basic medical attention to a dependent person, together with a clear and direct causal…

A notice granting planning permission subject to conditions need provide only a summary of the reasons for the grant. It need not give the full reasons…

Planning control and pollution control are complementary regimes. A waste management licence does not remove the planning authority’s power to control waste…

The fraud exception to the Turkish EC Association Agreement standstill provisions may apply where an applicant used false representations in an attempt to…

The Secretary of State’s functions under the Crime (International Co-operation) Act 2003 are principally procedural and ministerial. Judicial review remains…

For a Part 1 European Arrest Warrant, identity under section 7 of the Extradition Act 2003 is determined on the balance of probabilities. A warrant read as a…

An order of a court of competent jurisdiction authorises detention and remains binding until varied or set aside. Prison administration provisions govern how…

A local authority’s assessment of a child in need and the child’s carer must clearly identify the needs requiring attention and the services or intervention…

Offences under regulations 12(1)(b) and 13(2) of the Care Homes Regulations 2001 are offences of strict liability. The prosecution need not prove a mental…

Detention under a fast-track asylum procedure is not unlawful merely because an asylum seeker alleges torture. The initial decision must be assessed on the…

Judicial review is a discretionary remedy. A claimant must give the court full and frank disclosure and must be truthful. Material lack of candour may alone…

A variation of an existing tenancy ordinarily does not amount to a surrender and regrant. The question depends on the nature of the variation and whether the…

Guidance on costs following the withdrawal of a planning appeal distinguishes between initial notification that an inquiry will occur and formal notification…

For the purposes of Sexual Offences Act 2003, section 30, inability to refuse sexual touching includes inability effectively to communicate a choice, even…

For a post-conviction European arrest warrant to satisfy section 2(5)(a) of the Extradition Act 2003, it need not use the precise words “unlawfully at large”.…

Statutory consultation about school reorganisation must address the particular schools affected before proposals to alter or close them are published. A local…

Transitional rating arrangements must be rational and fair in their application to substantial changes in rateable value. Excluding a hereditament merely…

Where a statutory appeal from a local authority’s administrative decision gives the magistrates a broad discretion over costs, costs do not automatically…

A statutory disqualification from having custody of animals may vary only as to its duration and the kinds of animal covered. The power does not permit a court…

An appeal from a specialist tribunal lies only on a point of law. The court must respect the tribunal’s findings and evaluation of the facts unless an error of…

Under the Coroners Act 1988, an inquest ordinarily establishes who the deceased was and by what means, when and where death occurred. The ordinary meaning of…

Under Part IIA of the Environmental Protection Act 1990, primary responsibility for contaminated land rests with the original polluter. Where that undertaking…

In exceptional circumstances, inordinate and unexplained delay by the Secretary of State in deciding an immigration application may make removal…

Eligibility for accommodation under section 4 of the Immigration and Asylum Act 1999 and regulation 3(2)(b) of the Immigration and Asylum (Provision of…

Under paragraph 353 of the Immigration Rules, further submissions amount to a fresh claim only where they are significantly different from the material…

Multiple hearsay must be analysed in stages, testing each link in the chain against the statutory gateways. A business document is not admissible under section…

A conviction of a person other than the accused is admissible under section 74 of the Police and Criminal Evidence Act 1984 to prove that person committed the…

Planning permission must be construed from the permission itself, including conditions and plans or documents expressly incorporated into it. Extraneous…

In deciding whether a person is fit to hold a passenger-carrying vehicle driver’s licence, the decision-maker must have regard to the person’s conduct…

In disciplinary appeals involving solicitor dishonesty, the court must prioritise public confidence in the profession’s integrity. Personal mitigation may be…

An appellate court reviewing a professional disciplinary tribunal conducts a rehearing and may substitute its own decision, while giving appropriate respect to…

In extradition appeals, the court should pursue early resolution and respect statutory timetables. A general adjournment pending decisions in other cases is…

Under section 11(3)(b) of the Extradition Act 1989, the court must discharge an applicant if, having regard to all the circumstances, the passage of time makes…

Implied consent to receive email does not extend to bulk or malicious emails sent to interrupt the proper operation of a computer system. Whether a…

On an appeal by case stated, the High Court determines whether the magistrates’ decision was wrong in law or exceeded their jurisdiction. The case must contain…

A housing allocation scheme must give applicants within Housing Act 1996, s 167(2), a reasonable preference, but need not guarantee them an allocation or…

An Order in Council made under the prerogative for a British Overseas Territory may be subject to judicial review where its subject matter is justiciable.…

Dishonesty is not a prerequisite to striking a solicitor off the Roll. Reckless disregard of regulations governing solicitors may justify that penalty…

In an extradition appeal under Part 2 of the Extradition Act 2003, allegations of motive and opportunity to fabricate evidence do not, without more, establish…

On an extradition appeal, fresh evidence unavailable at the magistrates’ hearing may be admitted without satisfying the strict requirements in Ladd v Marshall…

On an appeal from a specialist educational needs tribunal, the High Court may interfere only for an error of law. The tribunal must decide what provision is…

Section 70A permits a local planning authority to decline a similar planning application only where the statutory conditions are met and the authority…

To prove a breach of an Anti-Social Behaviour Order, the prosecution must establish by evidence that the order was made, identify the defendant as the person…

A defendant has no absolute entitlement under Criminal Procedure and Investigations Act 1996, section 3, to disclosure of an entire recording. Disclosure…

When deciding whether extradition is barred by lapse of time, the Secretary of State is making an administrative decision, not conducting a trial. No…

Whether conduct gives rise to a reasonable excuse depends on the statutory context and the conduct required to be justified. Mere forgetfulness, without more…

Once an immigration appeal has been allowed and the decision has not been successfully challenged, the Secretary of State must give effect to it within a…

Damages under the Human Rights Act 1998 for breaches of Articles 12 and 14 of the Convention are exceptional. A declaration of incompatibility will ordinarily…

A civil proceedings order under Supreme Court Act 1981, section 42, is justified where a person has habitually and persistently, without reasonable ground…

Premises licence conditions must be sufficiently clear for licensees, enforcement authorities and affected neighbours to understand their meaning. Conditions…

A regulatory appeal may be determined in the appellant’s absence where the court is satisfied that the appellant received proper notice and service. A…

An application under Town and Country Planning Act 1990, section 288, is concerned with legal defects in an inspector’s decision, not with a rehearing of the…

For the statutory defence to using an overweight goods vehicle, the “nearest available” weighbridge means the nearest weighbridge that is objectively available…

A magistrates’ court has a broad discretion to adjourn a criminal trial, but must scrutinise an adjournment application rigorously. It must balance the…

An environmental statement may be supplemented by information obtained through objections, representations and inquiry procedures. The decision-maker must…

For council tax purposes, ownership of a dwelling does not itself make the owner resident there. A person must actually reside at the dwelling for it to be his…

On an appeal by way of case stated, the High Court is confined to the facts set out in the stated case, unless the case is amended. Waste remains “stored”…

A human-rights claim is clearly unfounded only where it cannot succeed on any legitimate view. The reviewing court must assess the substance of the claim, the…

An appeal by way of case stated addresses issues of law arising from facts found by the magistrates. It is not the appropriate route for challenging factual…

A power permitting bail applications to be heard in chambers does not necessarily establish a starting presumption in favour of private hearings. In a case…

A state has no general duty under domestic or international law to make a formal request for the return of a non-national detained abroad. Humanitarian…

A European arrest warrant may satisfy the requirements of the Extradition Act 2003 even where it follows the Framework Decision form. The warrant itself may…

The court may extend an interim suspension period where, having considered the papers, it is satisfied that the applicant should receive the extension sought.…

A claim may become academic where the challenged decision has been quashed or is under reconsideration and the claimant is likely to obtain the practical…

A stay for abuse of process is an exceptional remedy. It should be granted only where the defendant establishes prejudice so serious that a fair trial is…

Where an application to the Asylum and Immigration Tribunal is made out of time, the Tribunal must determine whether the application was in time and, if…

The dismissal of an information in a magistrates’ court has the same effect as an acquittal on indictment. A defendant cannot subsequently be prosecuted for…

For a defence of reasonable excuse to arise under Road Traffic Act 1988, section 7(6), there must be evidence that the defendant was physically or mentally…

A stay of criminal proceedings for abuse of process is an exceptional remedy. It requires a serious abuse of power or circumstances making a fair trial…

Judicial review of a Crown Court sentence is exceptional. The High Court intervenes only where the sentence falls outside the broad area of the lower court’s…

Magistrates have a wide discretion in case-management decisions, but justice requires an adjournment where the prosecution has failed to disclose material…

For an offence under section 5 of the Public Order Act 1986, the prosecution need establish evidence that a person was able to hear or see the threatening…

A Youth Court should retain jurisdiction over a defendant under 18 unless there is a real prospect that the defendant will require a sentence exceeding two…

Parental preference for a maintained school must be followed unless a statutory exception applies. The exception based on efficient use of resources is not…

When deciding whether a defendant should receive publicly funded representation, the court must assess the real and practical risk of imprisonment at the time…

For the purposes of section 259(1)(b) of the Public Health Act 1936, a watercourse may be “choked” by an artificial obstruction, including the piers or other…

A disciplinary screening body must address each distinct allegation raised by a complaint. It cannot deal with a specific allegation compendiously if that…

Applications under section 288 of the Town and Country Planning Act 1990 review legality, not the planning merits. Issues involving visual impact, privacy and…

Reasons given by a tribunal must enable the reviewing or appellate court to understand why the decision was reached. They need not address every evidential…

A date specified for objections complies with a statutory minimum period where it is not earlier than the stated number of days after publication. The period…

A local planning authority may use Town and Country Planning Act 1990, section 178, to remove residential caravans even where Article 8 rights are engaged.…

Under Part 1 of the Anti-social Behaviour Act 2003, the magistrates’ jurisdiction to determine an application for a closure order requires an application under…

Proceedings under section 3 of the Prevention of Terrorism Act 2005 must provide a fair hearing under Article 6.1 where control-order obligations engage…

A cumulative impact policy may lawfully apply to an application to extend the permitted hours of an existing licensed premises. The Licensing Act 2003 does not…

Extradition will be incompatible with Article 8 only where the person establishes a real risk of a flagrant breach of Convention rights. Family separation…

An inspector determining an enforcement appeal must address whether a breach can be remedied by proportionate conditions. Where a building is otherwise within…

A state may impose conditions on the exercise of the right to marry to prevent sham marriages connected with immigration control. The conditions must…

An appeal under section 40 of the Medical Act 1983 is by way of rehearing. The appellate court must decide whether the disciplinary panel’s decision was right…

A European arrest warrant must provide clear particulars of the circumstances in which the requested person is alleged to have committed the offence, including…

A public body's decision to award a commercial contract is not generally amenable to judicial review merely because the body exercises statutory powers or…

A disciplinary tribunal may use a civil judgment to establish relevant background facts, but adverse judicial comments on dishonesty are not automatically…

Applications for closure orders under the Anti-Social Behaviour Act 2003 are civil proceedings. The allegations required by section 2(3)(a) and (b) are…

A charge is duplicitous only if, viewed in its factual and statutory context, it fails to communicate clearly what the prosecution alleges. The fact that…

The rule against double jeopardy in sections 11 and 12 of the Extradition Act 2003 extends beyond the formal pleas of autrefois acquit and autrefois convict.…

Apparent bias is assessed by asking whether a fair-minded and informed observer would conclude that there was a real possibility of bias. The assessment…

An anti-social behaviour order must contain precise, targeted and proportionate prohibitions expressed in terms the subject can readily understand. A…

A solicitor who is held out as a partner remains responsible for compliance with the firm’s professional obligations, even if he takes no active part in the…

The Administrative Court should interfere with a magistrates’ court decision on venue or sentence only in exceptional cases, conventionally described as…

The hearsay regime introduced by the Criminal Justice Act 2003 applied to committal proceedings after its commencement. An unrepealed notice provision…

Judicial review of a County Court decision is ordinarily inappropriate while the statutory or procedural appeal route remains available. Even after a County…

Where a person complains about the conduct of a prosecution and related civil proceedings are ongoing, the prosecuting authorities may reasonably defer…

Where a prisoner sentenced under the earlier release regime is recalled under section 254 of the Criminal Justice Act 2003 after 4 April 2005, any subsequent…

Where substantive proceedings are resolved by consent without a trial, the court may still determine costs by assessing, so far as appropriate, which party…

An appellate court reviewing a professional disciplinary sanction must consider all material before it, including mitigation and the reasons given by the…

A disciplinary tribunal becomes functus officio when it announces its order. The statutory requirement to give reasons later does not preserve jurisdiction to…

A finding of contempt requires more than non-compliance with an order where the alleged contemnor has acted on legal advice in relation to a genuinely…

A delay in transferring an asylum applicant under the Dublin Convention does not itself confer a right to have the asylum claim determined in the United…

A tribunal determining a child’s educational placement must give effect to its findings about the provision required to meet the child’s special educational…

Section 117 of the Police Act 1997 permits correction of information that is inaccurate, not a rehearing of the truth or merits of an allegation recorded in an…

When fixing a minimum term under Schedule 22 to the Criminal Justice Act 2003, the High Court must make its own assessment of the appropriate period. It must…

Criminal liability under section 85 of the Water Resources Act 1991 depends on the responsibility that a contractor has assumed for preventing pollution. That…

A public authority must apply its own policy consistently when determining individual claims. Failure to do so makes the decision unlawful and may also be…

Under section 42 of the Supreme Court Act 1981, a civil proceedings order may be made where a person has habitually and persistently instituted or pursued…

A tribunal may refuse a further postponement or adjournment where the request is one-sided, late, unsupported by adequate evidence, and follows earlier delays.…

A professional disciplinary sanction must be proportionate to the facts properly found by the disciplinary tribunal. Where the tribunal corrects a material…

Whether conduct is unreasonable under section 1(a) of the Protection of Animals Act 1911 is not determined by a purely abstract standard that excludes the…

Detention of a pre-operative male-to-female transsexual in a male high-security psychiatric hospital does not automatically breach Articles 3 or 8 of the…

An offence under section 24A of the Immigration Act 1971 cannot apply retrospectively to conduct completed before that provision came into force. Earlier…

Section 115(7) of the Police Act 1997 permits disclosure of any information which, in the chief officer’s opinion, might be relevant to an employer considering…

Judicial review of an immigration decision under the Turkey European Community Association Agreement concerns whether the Secretary of State’s conclusions were…

On a planning appeal conducted by written representations, an Inspector need address the principal controversial issues and material considerations, but need…

A primary care trust may suspend a doctor from a performers list only where suspension is necessary for public protection or otherwise in the public interest.…

For the common law offence of outraging public decency, the public element is not established where only one person, other than the participants, saw or could…

Permission to bring judicial review proceedings should be refused where the challenged decision is reasonably arguable only through disagreement with the…

When an adjudicative decision contains internal ambiguity, it must be construed as a whole. The clear operative part stating the result ordinarily governs over…

In a prosecution for driving with excess alcohol, the prosecution must prove that the analysis was reliable, but it need not prove every laboratory step unless…

Under section 444(1A) of the Education Act 1996, the prosecution bears the legal burden of proving beyond reasonable doubt that a parent’s failure to cause…

Where an asylum claimant is liable to removal and an adjudicator has found that removal would breach Article 8, the Secretary of State must consider the…

Admission of a witness statement under Criminal Justice Act 1967, section 9, will not ordinarily be unfair where the defence has delayed requesting the witness…

A lower criminal court should adopt a strict approach to revisiting an earlier order. A second application may be entertained only where there has been a…

Extradition will breach Article 8 only in a wholly exceptional case where the interference is disproportionate to the legitimate aim of prosecution. In a…

A tribunal decision may be challenged for a material mistake of fact causing unfairness. The mistake must concern an existing fact or the availability of…

An exemption from goods vehicle operator licensing for agricultural hauling must be construed according to the ordinary and natural meaning of its words. The…

Planning appeals are not rehearings. The court will intervene only where the inspector has made a material error of law or public law error sufficient to…

A policy for transferring detained patients between hospitals is lawful if it preserves consideration of each patient’s clinical needs and requires a proper…

On an appeal by case stated, the court must have a full and accurate account of the proceedings and evidence relevant to the issue under appeal. Where the case…

For an offence under section 444(1) of the Education Act 1996, the question is whether the child attended school regularly. The offence is one of strict…

When deciding whether a person under 18 should be tried summarily, magistrates must ask whether there is a real possibility of a custodial sentence exceeding…

A local authority exercising the discretion under section 188(3) of the Housing Act 1996 must genuinely apply the Mohammed guidelines. It must assess the…

A public authority may adopt a policy with undefined exceptions. The policy is not an unlawful fetter merely because the exceptions are narrow or unspecified.…

Under section 11(3)(b) of the Extradition Act 1989, oppressiveness is a separate ground for discharge. The court must consider all the circumstances, although…

Cash lawfully seized under Police and Criminal Evidence Act 1984 may subsequently be seized under the Proceeds of Crime Act 2002. The statutory time limits…

Under the Dublin Convention, expiry of the one-month transfer period does not itself confer a statutory right to have an asylum claim determined in the…

A local authority may recover possession of land occupied by trespassing travellers where it has lawfully balanced the relevant considerations and reached a…

When extending an interim suspension of a medical practitioner’s registration, the court must decide whether continuation is fair, reasonable and…

Judicial review is concerned with live issues and will generally not proceed where the claim has become academic. The court retains a cautious discretion to…

A person has no general legal duty to assist the police, answer questions or accompany officers when not under arrest. However, a positive act deliberately…

Under sections 116 and 117 of the Highways Act 1980, a highway authority deciding whether to make a stopping-up application must consider the highway functions…

For an offence under section 112(1A) of the Social Security Administration Act 1992, the prosecution must prove every statutory ingredient to the criminal…

A decision to adjourn a licensing appeal is discretionary, but may be unlawful where it rests on material mistakes of fact, failure to consider material…

In a certification case, the Secretary of State may certify an asylum claim as clearly unfounded where, taking the claimant’s factual case and relevant expert…

A defective conditional offer of fixed penalty does not automatically make later proceedings unlawful. The relevant statutory regime is contained in sections…

A police officer may require a roadside breath test where the circumstances and the driver's response provide reasonable cause to suspect that alcohol is…

On judicial review of a Crown Court decision concerning bail, the Administrative Court applies a restrained review. It asks whether the decision fell outside…

An asylum support appeal is determined by applying the statutory criteria and regulations. Where a criterion expressly depends on the Secretary of State’s…

Under Part VI of the Housing Act 1996, an allocation scheme must enable the authority to assess comparative housing need and give reasonable preference to…

A treaty provision governing extradition cannot prevent Parliament from establishing a later statutory regime which alters the evidential protections available…

The Administrative Court has no jurisdiction to review or undermine a final decision of a county court judge by judicial review. The proper route is an appeal…

For the purpose of the seven-day appeal period under section 26(4) of the Extradition Act 2003, the relevant day is the calendar day on which the order is…

The expression “judicial office” has no inherent legal meaning. Exercising functions which are judicial in nature does not, without statutory support, make a…

Section 7(7) of the Road Traffic Act 1988 requires a warning when an officer requires a specimen. It does not apply where, after an unreliable breath test, the…

A Part 1 warrant under the Extradition Act 2003 need not reproduce the statutory wording verbatim. It must, however, contain the substance of the information…

Substitution of a claimant under Civil Procedure Rules 1998 Part 19.2(4) requires the existing party’s interest or liability to have passed to the proposed…

The power to adjourn a summary trial must be exercised by examining all relevant circumstances, including the reasons for the application, responsibility for…

A practice direction may regulate the procedure for applications by vexatious litigants where the governing legislation and rules leave a procedural gap. It…

Fresh representations do not constitute a fresh claim merely because country guidance has changed. Where the claimant provides no new factual material and…

A judicial review claim may be dismissed where subsequent events have removed any practical issue for determination and the claim has become wholly academic.…

A person served with a notice under section 172 of the Road Traffic Act 1988 must provide the driver's name and details, or other information in their power…

Under Road Traffic Act 1988, section 22A, the question whether an obstruction presents an obvious danger is assessed from the perspective of a reasonable…

The Director of the Serious Fraud Office has no duty to investigate suspected fraud to secure a domestic trial or pre-empt extradition. Judicial review of…

Extradition arrangements must be assessed by reference to the statutory requirements, while allowing for reasonable differences between foreign legal systems…

A planning decision-maker must engage with the actual terms of the applicable development plan policy, not merely the topic to which the policy relates. The…

A planning inspector’s decision must explain, in intelligible terms, how the principal controversial issues were resolved. This includes explaining the…

In judicial review proceedings, a claimant who obtains repayment under an administrative scheme does not automatically recover costs or common-law interest.…

An expert witness has immunity from disciplinary proceedings based solely on evidence honestly and in good faith given, or prepared for use, in court. The…

At the permission stage, the court must assume that the pleaded factual allegations could be established and decide only whether they disclose an arguable…

Under section 31 of the Anti-Social Behaviour Act 2003, an authorisation for dispersal powers must specify the grounds on which it is given within the…

A judicial review claim is generally unavailable where the person directly affected by an immigration decision has a statutory right of appeal which has not…

A primary care trust may adopt a policy that an unlicensed treatment will be funded only in undefined exceptional circumstances, provided each application is…

A European Arrest Warrant founds the appropriate judge’s jurisdiction. Its validity may therefore be challenged during the extradition hearing or on appeal…

An extradition warrant under Part 1 of the Extradition Act 2003 must identify the provision of the requesting territory’s law under which the alleged conduct…

Under the statutory right-to-buy scheme, a tenant’s failure to comply with a second notice to complete causes the notice exercising the right to buy to be…

The Administrative Court has power to amend an inquisition by substituting words in an appropriate case. That power may be exercised to give effect to a…

Article 41(1) of the Additional Protocol to the EC-Turkey Association Agreement has direct effect as a standstill clause. It does not itself confer a right of…

Failure to complete a review under section 129(6) of the Housing Act 1996 within the specified period does not automatically invalidate possession proceedings.…

An inappropriate behaviour compact imposed in prison did not engage Article 6 merely because breach might later lead to disciplinary sanctions or because the…

A housing authority has an unfettered discretion under section 202(3) of the Housing Act 1996 to extend the time for requesting a homelessness review. It is…

There is no automatic breach of Article 5 (4) merely because more than one year separates reviews of a life prisoner’s detention. The required interval depends…

A minister exercising a broad statutory grant-making power must use it to promote, rather than frustrate, the policy and objects of the governing legislation.…

An appeal from a specialist disciplinary tribunal is by way of rehearing. The appellant must demonstrate an error below, while the appellate court gives the…

For certification purposes, a claim is not clearly unfounded if, on at least one legitimate view of the facts or law, it may succeed. The court must assess the…

A defective notice under section 51(7) of the Crime and Disorder Act 1998 does not invalidate an otherwise valid decision by magistrates to send an accused to…

In a challenge to a planning decision, the scope of permission is determined by reading the decision, the application and the plans together. Defects or…

In an appeal from a special educational needs tribunal, case-management directions made after an adjournment may restrict the issues and evidence to be…

The statutory procedure for admitting records and certificates from prescribed devices is permissive. Failure to comply with its service requirements prevents…

Disciplinary sanctions imposed on solicitors are primarily protective. They maintain professional standards, public confidence and the reputation of the…

Article 2 of the European Convention on Human Rights does not require a different self-defence test when lethal force is used by police officers. The ordinary…

Time limits in criminal procedure rules must be observed, but a court retains a discretion to extend them after expiry. The discretion is not confined to…

Dangerous driving is assessed by a wholly objective standard. The driver’s intention, confidence or driving skill cannot introduce a subjective element into…

A protective costs order may be made where the five governing conditions identified in R (Corner House Research) v Secretary of State for Trade and Industry…

A Parole Board may assess risk by reference to conduct occurring after release, including conduct which did not result in criminal conviction, provided the…

For recklessness under section 1 of the Criminal Damage Act 1971, the defendant must have been aware of a risk of damage to property and, in the circumstances…

Under Extradition Act 2003, extradition is barred where the passage of time makes surrender unjust or oppressive. Unjustness principally concerns prejudice to…

A tribunal determining special educational needs must explain adequately why it accepts or rejects material expert evidence, particularly where emotional needs…

Decisions made by the Crown Court under the statutory dismissal procedure for indictable-only offences are matters relating to trial on indictment. Section…

Where a Secretary of State changes a draft regional spatial strategy after an examination in public, Planning and Compulsory Purchase Act 2004, section 9…

A court hearing an appeal against a disciplinary sanction imposed by a local-government standards tribunal should not interfere merely because it might have…

In disciplinary proceedings, the facts alleged must be proved to the applicable standard, but whether established facts amount to serious professional…

A magistrates’ conviction is not rendered legally ineffective merely because, after agreeing the verdict and recording their reasons, the justices learn of the…

A competent young person under 16 may receive confidential advice and treatment on contraception, sexually transmitted infections and abortion without parental…

Judicial review is not an appeal on the merits. The court reviews the lawfulness of an identified decision, rather than resolving factual disputes entrusted to…

In extradition cases, a serious medical condition does not automatically make removal unjust or oppressive, or breach Article 3. The court must assess the…

Section 112 of the Social Security Administration Act 1992 requires proof that the defendant knew the information supplied was false. Constructive knowledge…

Disclosure under the Criminal Procedure and Investigations Act 1996 is confined by the statutory definition of prosecution material. Material retained solely…

A statutory appeal or later rehearing may cure procedural unfairness, but it does not remove the court’s jurisdiction to prevent an unfair first-stage hearing.…

Professional performance is seriously deficient where conduct repeatedly or persistently falls below the appropriate professional standard and is sufficiently…

Judicial review may determine a pure question of statutory construction arising from regulatory guidance where the guidance is intended to be followed and…

An inquest is ordinarily the means by which the State discharges its investigative obligation under Article 2 of the European Convention on Human Rights…

Where a registered doctor is affected by illness and the available information does not yet establish fitness to practise, an interim suspension order may…

A consultation on increased court fees is lawful where its scope is clearly defined, the appropriate statutory consultees are consulted, and the decision-maker…