High Court: Administrative Court judgments, 2007

Where an interim suspension is extended while regulatory investigations continue, the court may include a liberty to apply provision where the investigation…

A claimant seeking permission for judicial review must show an arguable error of law and a realistic prospect that the error was material to the impugned…

For the purposes of s.297(1) of the Copyright, Designs and Patents Act 1988, the relevant programme is identified by its substantive visual and audio content.…

In solicitor disciplinary proceedings, dishonesty requires both limbs of the Twinsectra test: conduct dishonest by ordinary standards, and awareness that it…

A compulsory purchase order may be confirmed where the acquiring authority demonstrates a compelling case in the public interest. Proportionality does not…

A local planning authority’s discretion whether to issue an enforcement notice is wide, but it must be exercised on a legally correct basis. Where purported…

The defence of duress is confined to criminal conduct directly caused by threats where the defendant has no reasonable evasive course. In a driving case, the…

Apparent bias or predetermination is established where a fair-minded and informed observer, who is neither complacent nor unduly suspicious, would conclude…

Disciplinary proceedings before an independent prison adjudicator determining a criminal charge must comply with the fairness requirements of Article 6 of the…

Article 6 does not generally require the prosecutor in prison disciplinary proceedings to be independent of the prison service. Fairness is context-sensitive.…

Under Housing Act 1996, a housing authority may treat an applicant as ineligible for allocation only where it is satisfied that: the applicant engaged in…

A local authority may set adult social-care eligibility criteria by reference to available resources, provided it acts consistently with national guidance and…

Under section 82 of the Extradition Act 2003, the passage of time bars extradition only where it appears unjust or oppressive to extradite by reason of that…

Professional disciplinary sanctions are protective rather than punitive. A Fitness to Practise Panel must apply proportionality, balancing the practitioner’s…

For an offence under section 7(6) of the Road Traffic Act 1988, the defendant bears the burden of raising a reasonable excuse on the evidence. Once raised, the…

Under PPG2, inappropriate development in the Green Belt requires a two-stage assessment. The decision-maker must first identify circumstances properly capable…

A judicial review claim may be dismissed where the claimant, despite reasonable notice of the hearing and the opportunity to participate, has shown no…

The common law protects citizens from arbitrary detention. However, detention following a finding that an accused person is unfit to plead is not arbitrary…

A refusal by the Criminal Cases Review Commission to give a case priority is a matter of case-management discretion. Judicial review will succeed only if that…

Immigration Rules may be changed for future applications, including by increasing the qualifying period for indefinite leave to remain or introducing a…

For council tax purposes, a change in the physical state of a dwelling’s locality may include a change in traffic use which increases noise or pollution and…

A simple caution may properly be given where the suspect makes a clear and reliable admission of an offence, even though the suspect disputes more serious…

An immigration detainee has no enforceable right to detention in an Immigration Removal Centre. Detention in prison may be lawful where exceptional risks mean…

Sections 34 and 37 of the Police and Criminal Evidence Act 1984 may operate concurrently when a person is first brought before a custody officer after arrest.…

A court should ordinarily refuse to decide an academic judicial-review claim. It may exceptionally do so only where there is a good public-interest reason. In…

In a fresh immigration claim relying on Article 8, the Secretary of State must assess whether the claim has a realistic prospect of success before an…

Under section 118B(7) of the Highways Act 1980, the decision-maker must consider the listed factors and all the circumstances. The words “in particular” do not…

Where an employer has former employees who remain deferred members or pensioners in one fund, its liability to contribute under the pension scheme regulations…

A European Arrest Warrant must identify the currently enforceable judicial decision on which it is based. It need not give particulars of earlier warrants…

Where a suspect is induced to return to England by a clear assurance concerning interview, charging and bail, and the assurance is deliberately broken, the…

For a European arrest warrant, compliance with Extradition Act 2003, section 2 is a precondition to extradition. The warrant must be read as a whole. The court…

A costs order under section 19 of the Prosecution of Offenders Act 1985 is distinct from a wasted costs order against a legal representative under section 19A.…

A local planning authority may depart from a planning inspector’s recommendation, but it must construe the recommendation correctly, consider all materially…

A temporary speed restriction imposed under Road Traffic Regulation Act 1984 may be prosecuted under section 89, unless Parliament has expressly excluded the…

An order made under Contempt of Court Act 1981, section 12, may be appealed to the Crown Court against both conviction and sentence. The specific appeal…

On a submission of no case to answer, the court must apply the Galbraith test: evidence should be withdrawn only where, taken at its highest, a properly…

Where an asylum seeker is destitute and is an expectant or nursing mother, the local authority’s powers and duties under section 21 of the National Assistance…

Under section 22(3) of the Prosecution of Offences Act 1985, a custody time limit may be extended only where the need arises from illness, absence, separate…

A magistrates’ court considering an application to protect witnesses should give brief reasons explaining why the application succeeds or fails. The…

In control-order proceedings, fairness under Article 6 must be assessed by examining the process as a whole. The court must consider whether non-disclosure…

For compensation under Criminal Justice Act 1988, section 133, new or newly discovered medical opinion may qualify as a new fact where fact and opinion cannot…

A planning decision-maker may moderate or replace an earlier policy approach before deciding an application, provided the updated approach is rational, fairly…

Proceedings subject to prolonged and unexplained inactivity may be struck out where the delay makes a fair trial impossible. The court must consider…

On an application under Town and Country Planning Act 1990, the court reviews the legality of the planning decision rather than substituting its own planning…

To establish that a road is a restricted road subject to the statutory 30-mile-per-hour limit, the prosecution must prove the statutory street-lighting…

A European arrest warrant must describe the alleged conduct, its time and place, and the requested person’s participation with enough clarity to convey the…

A national court should refer a challenge to the validity of a Community measure where the challenge is reasonably arguable and the European Court alone has…

In a planning inquiry, an inspector must give proper, intelligible and adequate reasons for the decision, addressing each substantial point raised. An…

Judicial review is concerned with the legality and rationality of a local authority’s decision, not with an appeal on the merits of an assessment. A detailed…

Self-defence in an affray case requires consideration of the defendant’s perception of the circumstances, as well as the objective reasonableness and necessity…

The court may extend an interim order of conditions where the subject consents to the proposed extension. The extension may be ordered for a further specified…

Criminal blasphemous libel requires both offensive treatment of Christianity or sacred subjects and a tendency to threaten society generally by endangering…

It is an abuse of process for the Secretary of State to raise a known Nationality Immigration and Asylum Act 2002, section 72 issue after an asylum appeal has…

Permission for judicial review should be refused where the claimant’s complaint is not a public law claim. If pursued, the matter should be brought as an…

In planning policy, whether a private access is a cul de sac depends on the access arrangements and the policy context, not on whether it has a public…

Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 require prior permission for demonstrations in designated areas, including Parliament…

Detention under a deportation order may continue only to further removal or departure and for no longer than is reasonably necessary for that purpose. There…

Findings made on a Prevention of Terrorism Act 2005 section 3(10) hearing are, in principle, binding between the same parties in a later section 3(10) hearing…

Under section 220 of the Criminal Justice Act 2003, a responsible officer may require an offender to notify the officer in advance if he cannot attend unpaid…

In a planning statutory review, procedural fairness depends on the particular circumstances. An inspector conducting an informal hearing need not put every…

Permission to challenge extradition on human-rights grounds requires an arguable case that extradition creates substantial grounds for believing there is a…

Regulatory proceedings cannot ordinarily be revived after a complaint has been formally closed, except within the limits communicated when it was closed and…

Under paragraph 353 of the Immigration Rules, further submissions constitute a fresh claim where, taken with the material previously considered, they create a…

In deciding whether representations amount to a fresh asylum or human rights claim, the Secretary of State may rely on earlier adverse credibility findings…

For the purposes of statutory extinguishment provisions, an application under section 53(5) of the Wildlife and Countryside Act 1981 must identify the way, the…

When considering further submissions as a fresh claim under paragraph 353 of HC 395, the Secretary of State must ask whether there is a realistic prospect that…

A protective costs order made on the papers may be varied or set aside only where a compelling reason is shown. The power to vary or revoke an order is not a…

A claimant cannot obtain judicial review merely to secure an advisory opinion about rights that may arise in future cases. The claimant must assert a…

Under section 14 of the Extradition Act 2003, deliberate flight from the requesting state to avoid prosecution ordinarily prevents reliance on delay as making…

Further submissions amount to a fresh asylum or human rights claim only where they are significantly different from material previously considered. They must…

On an appeal under section 40 of the Medical Act 1983, the High Court must correct material errors of fact or law and review the application of legal…

Judicial review is not an appeal on the merits. Where a statutory decision-maker evaluates complex economic evidence within an area entrusted to it by…

At a coroner’s inquest, hearsay remains admissible at common law, but Rule 37 of the Coroners Rules 1984 regulates the procedure for admitting hearsay…

When reviewing an extension of custody time limits, the court must assess whether the Crown Court acted within the discretion conferred by the relevant…

Under the Crombie Regulations, a notice of termination may record that an office has already terminated; it need not be prospective. An instruction requiring…

There is no general common-law duty requiring public bodies to give reasons for every administrative decision. A duty may arise from fairness, openness, the…

A review under the Police (Conduct) Regulations 1999 is materially narrower than an appeal. A reviewing officer should not substitute a different view of…

In an extradition appeal, statutory time limits must be applied with speed and certainty where Parliament has provided no power to extend them. Notice of…

A sentencing indication by magistrates may create a legitimate expectation that the defendant will be sentenced within the magistrates’ powers, including an…

A defendant’s costs order from central funds covers expenses properly incurred in the proceedings. It does not ordinarily compensate a litigant in person for…

The interests-of-justice discretion to admit hearsay evidence under section 114 of the Criminal Justice Act 2003 is not confined to exceptional cases or merely…

Article 5(4) is engaged where a prisoner’s release during the second half of an extended sentence depends on a Parole Board decision. The relevant question is…

A court considering an interim suspension under the Dentists Act 1984 exercises an original jurisdiction. Its inquiry is more open-ended than judicial review…

An appellate court hearing a statutory appeal from a specialist disciplinary panel should show appropriate respect for the panel’s expertise, but must…

On an appeal under section 40 of the Medical Act 1983, the Administrative Court must respect the specialist expertise of the Fitness to Practise Panel, its…

Where an inferior court or tribunal does not appear to oppose a challenge to its decision, the ordinary practice is to make no order for costs against it.…

For the purposes of deciding whether an inquest ought to be held, reasonable cause to suspect an unnatural death does not require proof of a direct or single…

Permission for judicial review of social-security decisions requires an arguable error of law, a legally recognised duty to act, or another properly…

For extradition after conviction, the question whether the person was convicted in his presence concerns the conviction and sentence originally imposed. Later…

Judicial review of a planning decision is concerned with legality, not the merits or the weight given to evidence. An Inspector need not address every…

A financial adviser advising on transfer from a defined-benefit occupational pension scheme must explain the available options, compare the benefits and risks…

For an enforcement officer to have reasonable grounds for suspecting an offence under the Property Misdescriptions Act, suspicion must be assessed by reference…

Lawful consultation requires a genuine opportunity to influence a proposal while it remains formative. Consultees must receive sufficient information and time…

An administrative court may proceed with a judicial review application where the applicant has repeatedly failed to attend and provides no explanation for the…

The statutory power to detain an immigration detainee pending removal is broad, but it may be used only for the purpose of removal and for no longer than is…

In a judicial review of planning permission for a waste facility, statutory waste-management objectives must be addressed in substance. The decision-maker need…

In urgent judicial review proceedings, an ex parte mandatory injunction should generally be expressed for a defined, usually short, period. Where a defendant…

On an appeal against an abatement notice for statutory noise nuisance, the appellant bears the burden of showing that, at the date of the notice, the best…

In a discretionary immigration decision, the decision-maker must take relevant considerations into account and reach a decision within the range of decisions…

A review meeting under the Police Conduct Regulations 2004 is not required to be private merely because the Regulations expressly identify persons who must be…

Transitional provisions governing prisoners sentenced for pre-4 April 2005 offences preserve the substantive release-and-licence regime applicable before the…

Under section 71(2) of the New Roads and Street Works Act 1991, failure to ensure that a single reinstatement conforms to prescribed performance standards…

A former member of a recognised self-regulating organisation may remain subject to the former ombudsman scheme after resignation where the organisation’s rules…

A public authority’s decision is unlawful where it proceeds on a material mistake of fact and the court cannot conclude that the decision would inevitably have…

A national technical requirement may require notification under the Technical Standards Directive because of its practical effects in the regulatory market…

A protective costs order is exceptional and depends on the governing principles identified in R (Corner House Research) v Secretary of State for Trade and…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, a decision-maker must give primacy to the development plan. A material consideration…

When deciding whether to rescind a conviction entered in a defendant’s absence, the magistrates’ court must ask whether a rehearing is in the interests of…

An appeal from a Fitness to Practise Panel is by way of rehearing. The High Court must correct material errors of fact and law and serious procedural…

A notice under section 59 of the Environmental Protection Act 1990 is remedial. Its purpose is to secure the most appropriate steps for protecting human health…

On a planning appeal, the inspector exercises an original, de novo jurisdiction. The inspector must determine the appeal by reference to material…

Challenges to decisions of Welsh national or local authorities in devolved areas, particularly where they affect people in Wales, should ordinarily be heard in…

A person detained beyond expiry of the minimum term is entitled under Article 5(4) of the European Convention on Human Rights to have reasonable steps taken to…

Article 5(4) requires systems enabling Parole Board hearings to be arranged speedily. Whether that requirement is met depends on all the material circumstances…

A Crown Court recognizance may expressly continue until the conclusion of proceedings. Its obligations do not end merely because the trial begins, proceedings…

A compensation order forms part of the sentence imposed after conviction on indictment. A challenge to the Crown Court’s decision about compensation is…

The Secretary of State may make prison rules restricting a board member’s access to records where the restriction does not prevent the board performing its…

Whether a proposal alters the general extent of a Green Belt or merely defines its detailed boundary depends on the proper interpretation of the approved…

Under paragraph 353 of the Immigration Rules, further submissions amount to a fresh claim only where they contain material not previously considered and, taken…

In prison disciplinary proceedings, the prosecution must prove the offence as particularised, not merely the Prison Rule under which the charge is brought.…

Under section 8 of the Extradition Act 2003, an extradition hearing does not begin merely because the case is called on while the requested person is absent.…

Under sections 11 and 14 of the Extradition Act 2003, the relevant passage of time in a conviction case is the period since the person became unlawfully at…

Criminal proceeds acquired through fraudulent evasion of Value Added Tax and subsequent money laundering may be recovered through the civil procedure route.…

A claim is clearly unfounded only where, having considered its practical substance, detail and the known background evidence, it cannot succeed on any…

A professional disciplinary tribunal may infer general professional incompetence from particular proved failings where the evidence demonstrates a fundamental…

A European arrest warrant must state with sufficient clarity and particularity the offences for which surrender is sought and the sentence that may be imposed.…

Article 41(1) of the Additional Protocol prevents new restrictions on Turkish nationals seeking establishment, including restrictions governing first…

The power to extend the statutory period for extradition under section 35(4)(b) of the Extradition Act 2003 is broadly framed. It is not limited to cases where…

For a claim to qualify as a fresh claim, the Secretary of State must ask whether the new material, if considered at an appeal, might produce a different…

Permission to appeal in a planning enforcement case should be granted where a proposed ground is properly arguable, even if it is not strongly arguable. An…

In deciding whether to enforce maintenance arrears, the court must exercise its discretion to enforce, rather than treating remission of arrears as the…

Custody time limits may be extended for listing difficulties where exceptional pressures have created a genuine and temporary shortage of courts or judges. The…

Under section 35C of the Medical Act 1983, ordinary negligence does not amount to misconduct. Particularly serious negligence may do so, and a series of…

A claimant may discontinue proceedings without the court’s leave where the applicable rules impose no such requirement. The ordinary costs consequence of…

A statutory appeal from a Rent Assessment Committee is confined to errors of law. The court does not rehear the merits or substitute its assessment of the…

A judicial review claim should not continue where the claimant has obtained substantially the relief sought and no real, live dispute remains. After permission…

In extradition proceedings, a civil default judgment based on deemed admissions does not, without more, create a real risk of an unfair criminal trial. The…

Under the Private Security Industry Act 2001, the licensing authority and statutory appeal courts must apply the published licensing criteria. Where those…

An offence under Education Act 1996, section 444(1), is one of strict liability. Taking every reasonable step to secure a child’s attendance is powerful…

A public authority which makes a specific promise giving rise to a legitimate expectation must honour it unless departure is objectively justified and…

A local authority’s decision to seek possession of a demoted tenancy is subject to Article 6 on the binding domestic authority, but the statutory scheme is…

A local planning authority may reject an inspector’s recommendation on a local plan, provided it acts within the substance of the recommendation and gives…

A local authority deciding whether to provide accommodation pending a homelessness review must consider whether to exercise its statutory discretion. The…

Under the REACH regime, registration is directed to substances rather than preparations. The greater practical burden imposed on some businesses by a uniformly…

Exceptional delay in proceedings to enforce a confiscation order may breach the accused’s rights under Article 6(1) of the Convention. Where the delay is such…

The Secretary of State decides whether a life prisoner should be transferred to open conditions. The Parole Board’s recommendation is important and its…

Political material may be presented in schools without amounting to unlawful indoctrination, provided the teaching context prevents the school or teacher from…

A Minister may use common law powers to undertake governmental preparations for proposed legislation, even where the existing legal field is regulated by…

Article 11 of the Patent Co-operation Treaty requires a receiving office to decide whether the application contains a part which, on its face, appears to be a…

The registration rules created a comprehensive list of United Kingdom university qualifications and training courses satisfying the statutory training…

An extradition appeal should proceed on the listed date unless the applicant shows a proper and timely basis for adjournment and a realistic prospect of…

A public consultation promised by a minister in Parliament must be interpreted purposively and conducted effectively and fairly. Where a decision concerns…

A bill of indictment is preferred when it is formally presented to the Crown Court with the objective intention that the statutory process of scrutiny and…

Detention pending removal is lawful where there is a sufficient prospect that removal can be achieved, assessed in light of all the circumstances. Relevant…

On an appeal against modification of a non-derogating control order, the court must apply judicial-review principles to the Secretary of State’s decision that…

Magistrates may adjourn a criminal trial after the close of the prosecution case where special circumstances justify allowing the prosecution to rectify an…

A public authority’s established practice may create a legitimate expectation of consultation even without an express promise. The expectation is assessed…

For an extension of a custody time limit, the prosecution must show good and sufficient cause and that it has acted with due diligence and expedition. The…

A freezing order prohibiting a defendant from dealing with assets extends to changing the identifying characteristics or location of a specified bank account…

Accommodation provided by a local authority may fall within section 20 of the Children Act 1989 even where the authority describes it as assistance under…

Where a public-law decision is unlawful, the court may exceptionally preserve it for a short period pending reconsideration. The court must balance the…

A compulsory purchase resolution must be construed in its own terms. It need not identify every property or statutory power with technical precision if, read…

The interpretation of “industrial process” in the Town and Country Planning (Use Classes) Order 1987 is distinct from the principles used to identify a…

Under the statutory scheme for premium rate services, conditions requiring compliance with an approved code bind the persons to whom they apply. An enforcement…

A statutory scheme may reserve to the Secretary of State a discretion to depart from Parole Board advice on a life prisoner’s transfer to open conditions. The…

In a planning appeal, the availability of alternative sites is a material consideration, not ordinarily a separate legal burden requiring an applicant to prove…

On a challenge to a planning decision under section 288, the court must distinguish legal error from disagreement with planning judgment. An inspector’s…

When choosing between a maintained school and an independent school capable of meeting a child's special educational needs, Education Act 1996, section 9…

An allocation scheme under Part VI of the Housing Act 1996 must give reasonable preference to applicants in the statutory categories and enable the authority…

A court may extend an interim suspension of professional registration only where suspension remains necessary for public protection, otherwise serves the…

Section 9 of the Education Act 1996 continues to apply when parental preference concerns a maintained school, although the specific duty in Schedule 27…

Section 4 of the Immigration and Asylum Act 1999 contains no power to provide temporary accommodation while an application for accommodation is being assessed.…

A public body deciding eligibility for NHS continuing health care must apply the relevant criteria lawfully and take account of salient facts. Judicial review…

An issue-based costs order may be made even where successful claimants obtain the same relief they would have obtained had every argument succeeded. The…

Detention pending deportation is lawful only where it is used to secure removal or departure and lasts no longer than is reasonably necessary for that purpose.…

A body exercising judicial or court-equivalent functions must demonstrate objective independence and impartiality, both in fact and in appearance. The…

In judicial review of regulatory permit conditions, an inspector may impose requirements more stringent than one part of published guidance where the guidance…

Under section 19 of the Education Act 1996, the question is whether suitable education is objectively available and reasonably practicable for the child to…

When deciding the duration of an interim professional suspension, the court must balance public protection against the impact of continued suspension on the…

A licensing authority considering whether existing gaming facilities are insufficient to meet demand must assess the evidence in context, including the…

In reviewing a decision to terminate an introductory tenancy, the court asks whether the statutory decision-making process afforded a fair opportunity to make…

A tax on air travel is not prohibited by article 15 of the Chicago Convention where it is payable on take-off irrespective of destination. Such a tax is not…

Whether premises are in the vicinity for licensing purposes is a question of fact and degree for the local licensing authority. The assessment depends…

A tribunal deciding whether to direct conditional discharge must be satisfied that the statutory criteria for discharge are met. It cannot use conditions as…

A lawful policy requiring exceptional circumstances before temporary overseas travel during post-release supervision sets a high threshold for judicial review.…

A challenge under section 288 of the Town and Country Planning Act 1990 must identify an error of law. Disagreement with the weight given to planning…

In extradition proceedings, a recall to prison after conditional release is not a fresh sentence for the original offence where it follows an alleged breach of…

A statutory challenge to confirmation of a compulsory purchase order is confined to procedural or legal error. It is not an opportunity to rehear the merits.…

A device remains an approved device if, after a modification or alteration, the description in the approval schedule still properly applies to it. The approval…

Under section 82 of the Extradition Act 2003, delay caused by an accused’s flight normally cannot support a claim that extradition would be unjust or…

On an appeal against an interim suspension order made to protect the public, the appellate court may consider the merits of the substantive appeal. However, it…

A recall under Criminal Justice Act 2003 section 246 during the currency of a determinate sentence does not engage European Convention on Human Rights article…

Where an indeterminate sentence for public protection continues beyond the tariff period, detention must remain justified by the need to protect the public.…

In reviewing a professional disciplinary sanction, the court must respect the specialist tribunal’s assessment unless the decision is wrong in principle. A…

In reviewing a control order, the court must decide whether the Secretary of State had reasonable grounds for suspecting terrorism-related activity and whether…

The exercise of the royal prerogative of mercy is reviewable. Published criteria governing its exercise are lawful guidance, but the decision-maker must…

Judicial review of a compulsory purchase decision succeeds only where a legal or procedural error is established. Relevant errors may include acting outside…

A Parole Board must ensure that it has sufficient information to make a properly informed decision about recall and continued detention. That duty is informed…

In a structured consultation, fairness requires sufficient information to enable an affected participant to give an intelligent response. It does not…

Statutory powers conferred on the Commissioner of Police of the Metropolis may be exercised by a subordinate where the statutory scheme and the practical…

Indefinite leave to remain which remains in force after travel outside the United Kingdom is treated, on the holder’s arrival, as leave to enter for the…

Unlawful immigration detention does not confer an automatic right to release, but bail may be appropriate where continued detention is disproportionate and…

Handcuffing a prisoner during hospital treatment engages a fact-sensitive assessment of security, medical needs and Convention rights. The legality of…

For a European arrest warrant, where the requesting court imposes one aggregate sentence for several offences, section 2(6)(e) of the Extradition Act 2003 does…

For dual criminality under Part 2 of the Extradition Act 2003, the relevant conduct is confined to the facts alleged in the offence specified in the request…

Eligibility for accommodation under section 21(1)(a) of the National Assistance Act 1948 requires an unmet need for care and attention, arising by reason of a…

A public authority which promulgates a grant scheme must implement it according to its published terms until it gives notice of a lawful change. Where a scheme…

On an appeal on a point of law from a specialist tribunal, the tribunal must not use undisclosed expertise and must give reasons addressing the substantial…

Under Planning Policy Guidance 8: Telecommunications, compliance with ICNIRP public-exposure guidelines ordinarily answers objections based on direct health…

An unconditional order requiring a defendant to disclose the identity and personal details of prospective witnesses infringes litigation privilege and may also…

Where legislation permits an appeal to the House of Lords only after certification of a point of law of general public importance, an application for leave…

For compensation under Criminal Justice Act 1988, newly discovered facts must show beyond reasonable doubt that a miscarriage of justice occurred. Facts…

On an appeal under section 27 of the Extradition Act 2003, the appellate court may reconsider whether the district judge reached the correct conclusion on…

The severity limit for an experimental protocol must be assessed by an objective standard. A “substantial” limit is required where the protocol may cause a…

A broadly expressed contractual amendment power may satisfy the general transparency obligation where its existence and the parameters of contemplated reform…

Under section 1(1)(a) of the Trade Descriptions Act 1968, the offence of applying a false trade description to goods is complete when the false description is…

Legal aid may be granted and reviewed in stages. Funding for an earlier stage creates no legitimate expectation that it will continue to trial. In deciding…

In deciding whether extradition is barred by passage of time, the court must assess all the circumstances and make an overall judgment whether return would be…

An interim order restricting a doctor’s registration may be extended only after balancing public protection, the public interest and the doctor’s interests…

A specialist tribunal must give sufficient reasons to explain the substantial points relied on and why it reached its conclusion. The reasons need not be…

Under section 15 of the Road Traffic Offenders Act 1988, evidence from an accused’s breath, blood or urine specimen must be taken into account and the…

Drafting assistance given by the Crown Prosecution Service to a foreign issuing judicial authority does not, without more, constitute an abuse of extradition…

Policy 24 of Regional Planning Guidance for East Anglia did not require a separate local-level, two-stage assessment of every proposed Green Belt release. A…

When assessing disposable income for public funding, accommodation costs under regulation 24(3) of the Community Legal Service (Financial) Regulations 2000 are…

Under article 22 of the Town and Country Planning (General Development Procedure) Order 1995, a notice granting planning permission must contain a summary of…

Interest accruing on an unpaid confiscation order forms part of the amount to be recovered. When activating a default sentence, magistrates must calculate the…

Unlawful detention arising from a defective extradition warrant does not, without more, amount to an abuse of process requiring discharge where proceedings are…

Where theft and obtaining by deception are charged as alternatives, a magistrates’ court should not convict on both unless each offence is proved on its…

Article 2 may require an effective official investigation into a death even where the state was not responsible for the death. The adequacy of the…

Where a judicial review application challenges an adjournment decision based on facts later shown to be potentially incorrect, fairness may require the factual…

In reviewing an NHS funding decision, the court determines legality rather than the clinical or resource-allocation merits. The decision must be rational and…

A short-term prisoner released on licence under the pre-2005 regime is entitled to unconditional release at the three-quarter point unless he is in custody at…

Whether a review of a life prisoner’s detention is sufficiently speedy under Article 5(4) depends on all the circumstances of the individual case. There is no…

Detention of families with children under immigration powers is not unlawful merely because it is not confined to exceptional cases or a few days. The policy…

For a conviction for receiving stolen goods, the prosecution must provide sufficient evidence that the property was stolen before it came into the defendant’s…

When considering exclusion of identification evidence under section 78 of the Police and Criminal Evidence Act 1984, the court must decide whether admission…

Under Part I of the Extradition Act 2003, conduct partly occurring in a category 1 territory may constitute an extradition offence. Double jeopardy extends…

A late appeal against a notice requiring security for VAT does not create a defence to criminal proceedings merely because the tribunal accepts and acts on the…

Code C, Part 11.13 of the Police and Criminal Evidence Act 1984 Codes of Practice protects suspects against fabricated self-incriminating statements made after…

For an offence under section 4 of the Vagrancy Act 1824, being present in an enclosed yard is insufficient. The prosecution must prove a criminal unlawful…

Article 9 is engaged where state action substantially interferes with a sincerely held religious obligation that is intimately linked to the claimant’s…

Article 9 protects the holding of a belief absolutely, but protects its manifestation only within defined limits. An act is a manifestation where it is…

Magistrates have a broad discretion to adjourn summary proceedings under section 10 of the Magistrates' Courts Act 1980. Judicial review intervention is…

An application for judicial review must be brought promptly and, in any event, within three months of the decision challenged. A clinical or public-service…

Witness competence must be assessed both when a video-recorded interview is admitted and throughout the trial. Loss of memory does not itself make a witness…

For the statutory defence under section 5(2) of the Road Traffic Act 1988, the defendant must prove that there was no likelihood of driving while the…

Under section 35(1) of the Criminal Justice Act 1991, the Secretary of State retains a discretion to reject a Parole Board recommendation for the early release…

Under Part 1 of the Extradition Act 2003, a person convicted in absentia in the requesting state may still be treated as an accused person where the conviction…

A Secretary of State deciding whether to call in a planning application may make a preliminary assessment of its apparent planning merits where necessary to…

After an appeal against refusal of entry clearance has succeeded without a direction requiring issue of a visa, the entry clearance officer may make brief…

A sexual offences prevention order is a preventive measure, but it may be made only where necessary to protect the public or particular members of the public…

A Lucas direction is inappropriate where an applicant seeks to establish special reasons to avoid mandatory driving disqualification. If the applicant’s…

Public consultation must be conducted fairly while proposals remain open to meaningful consideration. Consultees must receive sufficient reasons and time to…

A tribunal deciding special educational needs must identify the child’s educational needs before specifying the provision required to meet them and the school…

A local authority may adopt a policy favouring family-based care, provided it remains willing to consider residential placement where the individual child’s…

A public authority’s exercise of its powers may be challenged for conspicuous unfairness, including breach of legitimate expectation or abuse of power.…

The discretion to register a minor as a British citizen under section 3(1) of the British Nationality Act 1981 is unfettered, but it must be exercised…

An immigration application must be determined within a reasonable time, but reasonableness depends on all the circumstances. Delay is unlawful only where the…

A professional regulator’s failure to charge dishonesty where the available material disclosed a serious prima facie case may amount to a serious procedural…

Where a defendant has been tried and convicted on indictment, an error by the sentencing judge as to the extent of the sentencing jurisdiction is a matter…

An interlocutory challenge to a ruling in Magistrates’ Court proceedings should generally await the conclusion of the trial and proceed by case stated. An…

An adjournment of criminal proceedings remains a matter for the magistrates’ discretion, even where the need for it results from prosecution error. The court…

Judicial review of a Social Security Commissioner’s refusal of permission to appeal requires more than a merely arguable error of law. In this specialist…

An inquiry inspector must exercise a genuine discretion when deciding whether to admit late evidence. Lateness and non-compliance with directions are relevant…

Insanity remains a common-law defence to a summary offence. If established, it prevents conviction, but it does not necessarily require an unqualified…

For the purposes of Extradition Act 2003, a warrant may be confined to conduct which satisfies the statutory requirements for an extradition offence. The power…

A private individual may generally institute criminal proceedings for an offence created by a public general Act. The prosecutor need not show a personal…

In committal proceedings engaging personal liberty, the court must ensure proper legal process before deciding whether to commit a defendant who does not…

A statutory deeming provision which conclusively treats a listed third country as safe from onward removal in breach of Convention rights may be incompatible…

Under the Extradition Act 2003, responsibility for deciding Convention-rights compatibility and whether extradition would be unjust or oppressive because of…

A criminal conviction must be quashed where the magistrates’ reasons give an informed, neutral observer the impression that they applied the wrong burden or…

For certification under section 94(2) of the Nationality Immigration and Asylum Act 2002, the claim must be so wholly lacking in substance that an appeal would…

Under the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999, screening must consider the whole project where deforestation is…

An order under section 43(1)(b) of the Solicitors Act 1974 is protective rather than punitive. It may be made without a finding of dishonesty where conduct…

“Living” in a country in paragraph 28 of the Immigration Rules bears its ordinary meaning. The rule does not require permanent residence or comparable…

A professional disciplinary tribunal may proceed in a practitioner’s absence where notice was properly served and the practitioner deliberately chooses not to…

For succession to an agricultural tenancy on retirement, the livelihood condition in section 50(2)(a) of the Agricultural Holdings Act 1986 is assessed by…

On an application to extend an interim suspension order, the court is the primary decision-maker and exercises original statutory powers. It applies the…

Part VII of the Housing Act 1996 does not require every decision made after a homelessness refusal to be taken by the reviewing officer. The statutory…

A discretionary ex gratia compensation scheme may be withdrawn without notice or consultation where no promise or established practice of consultation exists.…

A local authority assessing whether an asylum seeker is a child must consider all relevant information and act fairly. It must not treat appearance, dental…

For extradition under Part 1 of the Extradition Act 2003, an arrest warrant need not set out every legal constituent of the alleged offence. It must provide…

In a planning judicial review, a public authority that chooses to apply technical guidance must apply it correctly. Reliance on an inapplicable assessment…

A court may intervene in an ongoing criminal trial to protect the defendant’s right to a fair trial, but only in the most exceptional circumstances. Primary…

For a Civil Proceedings Order under section 42 of the Supreme Court Act 1981, the court assesses the litigant’s conduct across the proceedings as a whole.…

Extradition is barred by passage of time only where, after considering all the circumstances, extradition would be unjust or oppressive. Unexplained or…

An interim suspension may be extended where the material before the court provides a sufficient basis for concluding that the practitioner is unfit to…

On an application for bail pending extradition proceedings, the court must assess the risks and circumstances as they stand, including the seriousness of the…

Habeas corpus is a wholly exceptional remedy in the extradition context. It may prevent an otherwise lawful extradition where circumstances have undermined the…

A recommendation that a prisoner should move to open conditions does not amount to a decision that he should be released into the community on temporary…

Under section 14 of the Extradition Act 2003, passage of time does not create an automatic bar to extradition. The appellant must show that extradition would…

The Financial Ombudsman Service’s investigation is not divided into a mandatory three-stage process requiring separate representations at each stage. Once a…

In an appeal concerning mineral planning, individually acceptable environmental impacts cannot be treated as cumulatively unacceptable merely because they…

The merits of a gambling policy adopted through primary legislation and subordinate legislation are not generally open to judicial review. A minister…

A breach of Article 6 does not automatically make a criminal conviction unsafe. The court must examine the nature and gravity of the breach and its effect on…

Section 79 of the Town and Country Planning Act 1990 permits an inspector to grant permission for part of an application and refuse it for the remainder. The…

On a statutory appeal from a professional disciplinary decision, the High Court conducts a rehearing and is not confined to identifying errors of law. Its role…

Consultation on proposed changes to public services is lawful where the decision-maker consults while policy remains formative, even though the available…

Removal from the Roll of Solicitors is justified only where it remains necessary to protect the public or the reputation of the profession. In assessing that…

An independent appeal panel deciding school-exclusion appeals has no general duty to alert represented parties to every procedural power that might affect the…

For property to be treated as realisable property because it was the subject of a gift caught by the statutory confiscation regime, the prosecution must prove…

When deciding whether further representations amount to a fresh asylum claim, the Secretary of State must consider the evidence individually and rationally. A…

A compulsory purchase decision which substantially interferes with Article 8 rights may nevertheless be proportionate where the acquisition serves an…

A local planning authority may reconsider an earlier resolution to grant permission before the decision notice is issued. It may change its planning judgment…

A planning authority granting permission must provide a summary of its reasons and the relevant development-plan policies under article 22(1) of the Town and…

A court assessing damages for serious personal injury may make provisional damages where the claimant faces a measurable, non-fanciful risk of a serious…

A statutory duty to have regard to published penalty guidance does not invariably require literal compliance. However, where Parliament requires a regulator to…

Under sections 16 and 17 of the Defence Act 1842, a power to stop up or divert a public path must be exercised for defence-of-the-realm purposes. The…

Eligibility rules for public student support may lawfully exclude a part-time student who already holds a first degree, even where the earlier degree was…

A professionally constituted disciplinary panel may determine whether misconduct is serious even if some members lack previous experience of applying the…

The Administrative Court may extend a regulatory suspension where new information makes continued suspension appropriate. Confidential material supplied for…

Article 5(4) requires a Parole Board hearing to determine the lawfulness of detention as soon as reasonably practicable. A standard listing target may assist…

Section 20 of the Children Act 1989 imposes a duty to accommodate a child in need where the statutory conditions are met and the child appears to require…

In a competitive statutory licensing process, fairness generally requires an applicant to know the material concerns affecting its own application and to have…

Section 9 of the Pensions Appeal Tribunals Act 1943 does not require every appeal-related detail to appear in the decision letter itself. Information may be…

An appeal under Part 4 of the Fire Services (Discipline) Regulations 1985 gives the Secretary of State a full appellate jurisdiction, not merely a power to…

In an extradition case, an irreducible whole-life sentence in the requesting state does not automatically breach ECHR Article 3. The court must consider…

A solicitor’s entitlement to pursue a lawful remedy does not prevent disciplinary liability where the manner of pursuing it is abusive, oppressive or otherwise…

Where a new increased assessment supersedes the assessment under appeal, Rule 9(3) of the Pensions Appeal Tribunals (England and Wales) Rules 1980 requires the…

On a renewed application for judicial review of a Crown Court appeal, the Administrative Court will not provide a further general appeal on factual findings.…

On judicial review of a naturalisation decision, the court examines whether the decision was lawfully made, rather than determining the truth of the underlying…

Council tax liability and entitlement to discount are determined on a daily basis. A billing authority may therefore correct a discount retrospectively where…

A local planning authority is not bound to accept a local plan inspector’s recommendations. It must consider them fairly, give adequate reasons for departing…

When extending an interim suspension order pending professional disciplinary proceedings, the court should consider the seriousness of the allegations, the…

For the purposes of Part IV of the Education Act 1996, “child” is not confined to the registered-pupil definition in section 312(5) or the general definition…

Judicial review of a decision to prosecute young offenders will rarely succeed merely because the decision-maker made an error in applying non-binding…

When a statutory time limit may be extended for good reason and, separately, in exceptional circumstances, those questions must be considered independently.…

An appeal against the Secretary of State’s extradition decision must remain within the limited powers conferred by section 93 of the Extradition Act 2003. A…

When deciding whether to commit a defendant under 18 to the Crown Court under Magistrates' Courts Act 1980, the Youth Court must begin with a strong…

A planning decision letter must be read as a whole and in a common-sense manner. A court should not infer a failure to take relevant considerations into…

A disciplinary tribunal may consider conduct previously examined at an inquest. An inquest is inquisitorial, and its verdict does not determine criminal or…

In determining whether development in a conservation area is acceptable, the statutory duty to pay special attention to the desirability of preserving or…

Where a person consents to extradition under the Extradition Act 2003, the statutory timetable for surrender applies even if unresolved domestic criminal…

Proceedings before a professional disciplinary tribunal are civil proceedings unless legislation or binding authority requires otherwise. The starting point is…

A Solicitors Disciplinary Tribunal’s penalty attracts considerable appellate restraint. The tribunal is best placed to assess the seriousness of professional…

An appeal under section 26 of the Extradition Act 2003 may be allowed or dismissed only within the powers conferred by section 27. The court cannot grant a…

Section 13C(5) of the Acquisition of Land Act 1981 does not require a confirming authority to specify a fixed calendar date when postponing consideration of…

Confirmation of a compulsory purchase order may be proportionate under Article 8 even where alternative accommodation has not yet been secured and the…

A public authority may be held to a clear and unequivocal ruling where departing from it would be so unfair as to amount to an abuse of power. The ruling must…

Deemed consent under Class 13 of the Town and Country Planning (Control of Advertisements) Regulations 1992 requires the site to have been used continually for…

Breaches of Code D do not automatically exclude identification evidence. Under section 78 of the Police and Criminal Evidence Act 1984, the court must assess…

Under regulation 5(1) of the Town and Country Planning (Trees) Regulations 1999, a local planning authority must consider objections to a tree preservation…

A planning authority must consider material planning considerations and may assign them the weight it considers appropriate. The views of a highway authority…

A youth court has an inherent jurisdiction to stay criminal proceedings as an abuse of process where a fair trial cannot take place, but a stay before evidence…

Under the Freedom of Information Act 2000, the BBC is a public authority only in respect of information held for purposes other than journalism, art or…

An agreement compromising tax liabilities must be construed by identifying the meaning it would convey to a reasonable person with the relevant background…

A draft judgment supplied before hand-down is confidential. It may be disclosed to the parties, and their legal representatives may consult clients, only for…

A statutory harbour authority may exercise powers fairly regarded as incidental or consequential to its authorised functions, construed sensibly and…

In a planning decision, the decision-maker must identify the relevant development-plan policies, identify and weigh material considerations, and determine the…

In a statutory drink-driving specimen procedure, a defendant’s continuing consent to provide blood does not become refusal merely because he objects to the…

Habeas corpus remains available in exceptional circumstances after completion of the statutory extradition process where a fundamental change has undermined…

A magistrates’ court must give a defendant a proper opportunity to present and have considered evidence before making a disputed finding of fact that affects…

In deciding whether a child or young person should be committed to the Crown Court for a grave crime, the youth court must apply the statutory sentencing test…

Where a local authority provides accommodation to a child in need and the conditions in section 20(1) of the Children Act 1989 are met, it must treat the…

For the purposes of the exemption from unoccupied property rates, a hereditament cannot be required to be literally named in a list of listed buildings. Where…

Article 5(4) is compatible with a statutory scheme under which the Secretary of State must automatically refer a recalled restricted patient to a tribunal…

An interim order restricting a registered medical practitioner should remain in force only while material establishes a real and continuing concern requiring…

The court may preserve public protection while adjourning an application to extend an interim medical registration order. The proper course is ordinarily to…

Where an interim suspension order is due to expire before a substantive extension application can fairly be determined, the court may extend the order for a…

Under section 25 of the Extradition Act 2003, extradition is barred only where the person’s physical or mental condition makes extradition unjust or…

Paragraph 14 of Schedule 2 to the Criminal Justice Act (Commencement No 8 and Transitional and Saving Provisions) Order 2005 applies to any sentence of…

For compulsory acquisition under section 159(2)(b) of the Leasehold Reform, Housing and Urban Development Act 1993, the relevant land may be assessed as a…

A non-derogating control order is unlawful if its cumulative effect deprives the controlled person of liberty contrary to Article 5 of the Convention. The…

Judicial review cannot generally be used to obtain a monetary award unless the claim includes an appropriate claim and the statutory conditions are met. Where…

For an applicant outside the United Kingdom, paragraph 128 of the Immigration Rules requires a specific valid work permit, together with the other applicable…

A tribunal required to give reasons in summary form need not produce a judgment of court-like length or detail. The essential question is whether its reasons…

A medical member of a Mental Health Review Tribunal may express a provisional view on the case, including the ultimate question of discharge, before or at the…

Where one former partner contributes money towards the purchase of property acquired under a right-to-buy scheme, the contribution does not automatically…

Non-statutory departmental guidance is guidance, not a set of rules. A decision-maker may depart from it, subject to ordinary public law principles and any…

A challenge under section 288 of the Town and Country Planning Act 1990 may target an inspector’s grant of planning permission on a deemed application arising…

A finding that children are in need does not, by itself, impose an absolute duty under section 17 of the Children Act 1989 to provide accommodation and…

A planning decision may be quashed where an objectively verifiable mistake of fact materially influences the decision. A claimed fallback permission must have…

A statutory strategy must be read as a whole. Individual policies or proposals cannot be treated as absolute requirements where the strategy is aspirational…

Piggybacking, whereby a new landfill cell partially overlies a closed cell, is lawful in principle. A landfill permit need not cover the whole physical site or…

On an appeal under section 26 of the Extradition Act 2003, the High Court may allow the appeal only where the statutory conditions in section 27 are satisfied.…

Whether a replacement dwelling in Metropolitan Open Land or the Green Belt is “materially larger” than the dwelling it replaces is primarily an objective…

A conditional-discharge condition requiring compliance with prescribed medication does not, properly construed, remove a capacitous adult’s absolute right to…

An anti-social behaviour order must be framed in terms that are necessary and proportionate. A prohibition should not prevent ordinary, innocent activities…

An interim order under Mental Health Act 1983, section 29, may be made without notice where urgent action is necessary, although the nearest relative has an…

In extradition proceedings, delay bars extradition only where it would make extradition unjust or oppressive. Unjustness primarily concerns prejudice to the…

A liability to repay overpaid benefits, determined under Social Security Administration Act 1992 before bankruptcy, is a bankruptcy debt under the Insolvency…

A local planning authority must have regard to relevant national and regional planning policy when allocating housing sites. A judgment that sites can be…

Section 75(2) of the Magistrates Courts Act 1980 does not empower a magistrates’ court to extend the time for payment of a confiscation order made by the Crown…

Where exceptional public funding is sought for representation at an inquest, the decision-maker must address whether representation itself may produce a…

Planning councillors may discuss applications with constituents, provided they retain an open mind and do not predetermine the outcome. The relevant question…

A control order is unlawful if its cumulative restrictions amount objectively to a deprivation of liberty under Article 5 ECHR. The assessment depends on the…

When screening Schedule 2 development for environmental impact assessment purposes, a local planning authority must consider every relevant Schedule 3…

On an application to renew an interim suspension order under Medical Act 1983, the Administrative Court exercises an original jurisdiction but applies the same…

A custody time limit may be extended only where the judge makes a judicial determination, to the civil standard, that both statutory conditions are satisfied…

The High Court may extend an interim suspension order made under Article 31(2) of the Nursing and Midwifery Order 2001 where the relevant practice committee…

When deciding whether there are special reasons for accepting a late application under child support appeal regulations, the decision-maker must consider the…

A Crown Court hearing an appeal against a magistrates’ decision to grant bail is not directly bound by the remand provisions of the Magistrates’ Courts Act…

Under the Extradition Act 2003, delay will not make extradition unjust or oppressive where the person knowingly leaves the requesting state while proceedings…

On an appeal under section 288 of the Town and Country Planning Act 1990, a planning inspector must take relevant development-plan policies into account and…

In listed-building control, the statutory duty to have special regard to preservation remains the governing consideration, but the decision-maker need not…

When extending an interim suspension of a medical practitioner’s registration, the court must balance two paramount considerations. Suspension should last no…

On a challenge under Town and Country Planning Act 1990 section 288, the court’s role is confined to the statutory grounds of challenge. It has no inherent…

For the purposes of section 5 of the London Local Authorities Act 2000, issuing a penalty charge notice means fixing it to the vehicle or giving it to the…

An appellate court reviewing an abatement order by case stated applies a high threshold to challenges based on irrationality. An order is not unlawful merely…

A statutory body may possess an implied power where that power may properly and reasonably be regarded as incidental to an express power. Where legislation…

On a statutory extradition appeal, section 29(4)(a) of the Extradition Act 2003 concerns when the court may allow an appeal. It does not itself determine…

Under section 181 of the Licensing Act 2003, costs are discretionary and do not automatically follow the event. The court must decide what is just and…

A photographic print developed from film used in an approved speed camera is a record produced indirectly by the prescribed device and may be admitted under…

Statutory time limits governing appeals under the Extradition Act 2003 may be mandatory where the statutory scheme shows that Parliament intended…

For a statutory time limit governing summary proceedings, proceedings are instituted when the prosecutor lays a sufficient information, rather than when a…

A public decision-making body exercising disciplinary powers must give the affected person sufficient particulars of the allegations, explain the procedure to…

Section 1(3) of the Mental Health Act 1983 prevents detention for psychopathic disorder where the relevant conduct is attributable solely to sexual deviancy.…

A renewed application for permission to bring judicial review should be refused where the original decision is not arguably unlawful. A material deterioration…

A tribunal may refuse to adjourn disciplinary proceedings where a party relies on ill health, but strong facts are ordinarily required when the condition…

Under section 2(4)(c) of the Extradition Act 2003, a warrant need not state a precise date if it gives sufficient particulars of the alleged conduct, place and…

Under Part 2 of the Extradition Act 2003, an arrest warrant need not reproduce every offence in the indictment where the warrant and indictment, read together…

Cause of action estoppel applies to an Inspector’s determination on an enforcement-notice appeal under grounds (b) to (d) of the Town and Country Planning Act…

In an assault occasioning actual bodily harm case, the prosecution need not identify the particular injury caused by the defendant where the tribunal is…

In a planning challenge, an inspector must address a principal important controversial issue which is material to the decision. The reasons need not refer to…

The statutory test for dangerous driving remains objective. However, Road Traffic Act 1988 section 2A(3) requires the fact-finder to have regard to any…

An appeal under section 22 of the Architects Act 1997 is a rehearing, although the court will normally rely on the tribunal record. It will be slow to…

A planning inspector preparing a development plan must properly engage with material findings from related planning inquiries and decisions. Where those…

Where a taxable person knew or should have known that a purchase was connected with fraudulent evasion of VAT, the right to deduct input tax may be refused…

Under the Extradition Act 2003, a question remitted by the High Court must be defined with precision. If the district judge reaches the same decision on the…

A legitimate expectation requires a public authority’s promise or practice to be clear, unambiguous and devoid of relevant qualification. A grant fixed for one…

In a planning appeal, conflict with the development plan does not prevent a decision-maker from considering a need for affordable housing as a material…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, an inspector may assess the likelihood of noise and disturbance by…

A regulator empowered to impose a penalty of an amount that is reasonable may use estimates, assessments and assumptions when quantifying the consequences of a…

National implementing measures must achieve the result required by a directive, but purposive construction is constrained by legal certainty, clarity and the…

Section 38(5) of the Planning and Compensation Act 2004 applies only where policies in different development-plan documents conflict. It does not apply where…

For a representation to constitute a fresh claim under paragraph 353 of the Immigration Rules, the claimant must show a realistic prospect of success in an…

The Criminal Cases Review Commission’s statutory judgment is subject to judicial review, but the reviewing court must respect the Commission’s residual and…

A planning authority acts irrationally where it reverses a refusal based on noise concerns without evidence capable of demonstrating that proposed attenuation…

Where liability under Toys (Safety) Regulations 1995 Regulation 13 is parasitic on the guilt of another supplier, non-compliance with the essential safety…

A local authority’s decision about whether a person may provide services through its education transport contractors can contain a sufficient public law…

In a professional-conduct investigation, the regulator may investigate and formulate the precise allegation after receiving a complaint, particularly where the…

On an appeal by way of case stated, a Crown Court must give sufficient reasons for rejecting a statutory defence. At minimum, the appellant must be able to…

A concessionary immigration policy is not irrational merely because its bright-line criteria produce anomalies or benefit some applicants with weaker claims…

An anti-social behaviour order must contain prohibitions that are precise, clear, certain and no wider than necessary. A prohibition which requires the subject…

A magistrates’ court may vary or rescind an invalid sentence or order under section 142 of the Magistrates’ Courts Act 1980, but the power is discretionary.…

For an offence under section 1(1)(a) of the Protection of Animals Act 1911, whether conduct is unreasonable is ordinarily assessed objectively. The relevant…

The coroner of the Queen’s household is subject to the general powers and obligations of the Coroners Act 1988, except where expressly excluded. The statutory…

A fair hearing is not denied merely because a judge intervenes firmly to keep a litigant in person’s cross-examination relevant and prevent argument with…

A professional disciplinary tribunal may proceed in a defendant’s absence only with great caution and close regard to the overall fairness of the proceedings.…

The Crown Court has no power, outside the 28-day slip rule, to extend the time for payment of a confiscation order made under the pre- Proceeds of Crime Act…

Magistrates have a residual discretion to admit further prosecution evidence after retiring to consider their verdict, although special circumstances are…

A magistrates’ court may stay criminal proceedings for abuse of process only in exceptional circumstances. The jurisdiction concerns either the defendant’s…

The obligation to compensate innocent victims under European motor-insurance directives does not remove domestic criminal liability for using a vehicle without…

Planning inspectors must engage with material evidence capable of affecting an earlier planning conclusion. Where later housing-supply guidance undermines the…

In reviewing an agency’s response to an emergency food-safety measure, the court must ask whether the agency identified the correct legal question and took…

An ex gratia compensation scheme for wrongful detention is a ministerial policy, not legislation. It applies only where detention follows a wrongful domestic…

Where a public authority appoints an expert inspector to conduct a non-statutory inquiry and recommend the resolution of a disputed issue, the authority…

Under section 329(2)(c) of the Proceeds of Crime Act 2002, adequate consideration is an objective question of fact. The court may consider all relevant…

An Interim Orders Panel may suspend a doctor’s registration where a prima facie case raises a sufficiently serious risk to public protection, the public…

A school may restrict a pupil’s manifestation of religion through its uniform policy where the restriction pursues legitimate educational, security, cohesion…

Findings by the Parliamentary Ombudsman that maladministration caused injustice are binding on the public authority, subject to judicial review where the…

A reconsideration application based on alleged fraud or forgery requires material capable of rationally suggesting that the original decision may have been…

Permission to pursue judicial review may properly be refused where the underlying appeal would inevitably fail, even assuming that an immigration certificate…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, an inspector’s decision must be read as a whole. A temporary permission is…

A claim may be certified as clearly unfounded where, accepting the claimant’s account, it would be bound to fail before an immigration judge. In assessing…

When deciding whether to vary bail in extradition proceedings, the court must assess the risk that the defendant will fail to return. The assessment is…

A non-derogating control order may impose substantial restrictions without necessarily depriving a person of liberty. The court must assess the individual’s…

An appeal by way of case stated in criminal proceedings ordinarily lies only from a final decision of the Crown Court. An interlocutory ruling should instead…

A public authority which promises consultation must honour that promise unless it has good reason to depart from it. Consultation must be fair in the…

Section 1 of the Malicious Communications Act 1988 applies to communications that are political or educational in character if they are indecent or grossly…

Under paragraph 353 of the Immigration Rules, further submissions amount to a fresh claim where they are significantly different and, considered with the…

A planning authority must take into account a matter which has a real possibility of affecting its decision. A published planning guideline may constitute a…

On extradition under the Extradition Act 1989, the committal question is whether the evidence would justify a trial in England and Wales, not whether…

A minor, effectively invisible deviation in a prescribed traffic sign does not necessarily invalidate a speed restriction. The question is whether the sign…

When compensation is assessed on the basis of common law damages, the claimant must establish his reasonable needs and the proposed reasonable method of…

A professional regulator may find fitness to practise impaired where a practitioner fails to demonstrate that medical knowledge and skills remain adequate for…

Extradition warrants must be read as a whole. An address described as the last known address in the requesting state, together with an allegation that the…

Under section 37 of the Mental Health Act 1983, a local authority has a wide discretion whether it is willing to receive an offender into guardianship. It may…

Immigration Rules are administrative rules subject to parliamentary scrutiny, not delegated legislation in the strict sense. Where Parliament has not imposed a…

Where credible medical evidence raises a substantial possibility that removal may expose a person to serious harm contrary to Article 3, the Secretary of State…

On a review of a suspension imposed because a practitioner failed to undergo a directed performance assessment, a Fitness to Practise Panel need not determine…

Where a requesting authority withdraws an extradition request in relation to one of several offences before extradition, the appropriate judge must discharge…

When deciding whether extradition would be oppressive or unjust because of delay, the court must assess the circumstances as a whole. A technical or apparent…

An authority paying housing benefit must choose a time and manner of payment having regard to the claimant’s reasonable needs and convenience. Administrative…

A challenge under section 288 of the Town and Country Planning Act 1990 is confined to legal error, including irrationality or perversity. It is not an…

In an appeal by way of case stated, deliberate falsification of a company record to enable equipment to be borrowed without charge was conduct which no…

In the statutory scheme governing general medical services contracts, material financial loss means significant and relevant financial loss, rather than any…

Judicial review relief is discretionary. Where the claimant is absent, apparently no longer within the jurisdiction, and unable to benefit from the orders…

A charge is not duplicitous merely because it states a range of dates. Duplicity requires the charge to allege more than one offence. Where the accepted…

A pensions appeal tribunal must distinguish entitlement to a war pension from assessment of the degree of disablement. Once entitlement to a specified…

In a planning challenge based solely on irrationality, the court will not substitute its own planning judgment for that of an Inspector. A decision remains…

Where a notice under section 20(3) of the Taxes Management Act 1970 is given by the Board to a barrister, advocate or solicitor under section 20B(3), the…

Section 15(2) of the Road Traffic Offenders Act 1988 does not require the prosecution to adduce the numerical result of a roadside breath test. The evidential…

An anti-social behaviour order may prohibit conduct which also amounts to a criminal offence, provided the order is preventative, necessary and proportionate.…

Under section 49(1) of the Taxes Management Act 1970, General Commissioners determining an application for permission to appeal out of time have a broad…

The exclusion of former unaccompanied minors, now adults, from the Family ILR Exercise was not unlawful discrimination. The Court of Appeal’s decision in AL…

A person who is homeless at home under section 175(3) of the Housing Act 1996 cannot lawfully be required to remain in that accommodation, even temporarily. If…

Excessive administrative delay does not, by itself, make a later immigration decision unlawful or create an entitlement to leave that would have been granted…

In deciding whether land qualifies as a Site of Special Scientific Interest, the notifying authority must apply the statutory criteria and exercise its…

A court reviewing an Ombudsman’s decision must not substitute its own view on the merits for that of the Ombudsman. The Ombudsman’s function is to determine…

For extradition under Part 2 of the Extradition Act 2003, the court must examine the conduct alleged in the request, not require exact correspondence between…

After the six-month limit in Magistrates' Courts Act 1980 section 127 has expired, an information may still be amended to allege a different offence where it…

A person provides a specimen of breath for analysis only where the specimen is sufficient to enable the analysis and is provided in a way that enables its…

Whether noise constitutes a statutory nuisance under the Environmental Protection Act 1990 is a matter for the court to determine on the whole evidence. No…

An inspector must give parties a fair opportunity to address an issue which may determine a planning appeal. A general agenda item is insufficient where the…

Where housing benefit has lawfully been suspended and entitlement terminated for failure to provide required information, the claimant has no continuing…

A monitoring body need not adopt a court’s procedural framework or terminology, but must apply a defined and rigorous evidential threshold when making factual…

An interim suspension order for a registered healthcare professional is a short-term protective measure pending final determination. On an application to…

On an appeal by case stated, disagreement with a discretionary ruling is insufficient. The decision must be one which no reasonable tribunal could have…

Whether a vehicle is a private hire vehicle depends on the statutory purpose of the hire, not merely on whether a passenger is carried on an individual…

Passage of time bars extradition only where extradition would be unjust or oppressive. Delay caused by the requested person’s flight, concealment or evasion of…

A magistrates’ court has a judicial discretion to adjourn a criminal trial. Interference is justified only where the decision was plainly wrong, having regard…

Under section 7 of the Bail Act 1976, a person arrested for breach of bail must have the matter resolved within 24 hours of arrest, subject only to the…

A judge may adopt a robust and proactive approach to case management, including stating a provisional view on the apparent merits, provided that the hearing…

In a challenge under section 288 of the Town and Country Planning Act 1990, planning judgment remains primarily for the decision-maker. Planning powers need…