High Court: Administrative Court judgments, 2009

An appellate disciplinary court may rehear an appeal on the evidence before the tribunal, but should respect factual findings based on credibility and exercise…

The independent review mechanism for prospective adopters is not an appeal. It provides an independent second opinion, while the adoption agency remains the…

Immigration detention remains lawful only while removal is intended and can reasonably be achieved within a reasonable period, or while another lawful…

A prisoner released on licence remains subject to the punitive element of the sentence. Probation officers must therefore have regard to the proper punishment…

An application for judicial review must be brought promptly and, in any event, within the period prescribed by Civil Procedure Rules Part 54.5. Pursuing a…

Under the post-2006 European food-law regime, approval attaches to the food business or unit of a food business, not merely to premises. A new food business…

A court reviewing a control order must reach its own decision on whether the evidence provides reasonable grounds for suspicion. Previous findings by another…

In a review of a non-derogating control order, the court must decide for itself whether there are reasonable grounds for suspecting terrorism-related activity.…

When considering further asylum or human-rights submissions under Immigration Rules paragraph 353, the Secretary of State must ask whether an adjudicator…

Article 3(2) of the Council Framework Decision concerns mandatory non-execution of a European arrest warrant where the requested person has been finally judged…

An ombudsman investigating maladministration or service failure must take relevant statutory duties into account, but need not treat the statutory standard as…

In screening proposed development under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999, the court must first determine…

Article 5(4) requires periodic and speedy review of continued detention after expiry of the punitive tariff. The interval between reviews is fact-sensitive…

For the purposes of Customs and Excise Management Act 1979, read with the Finance Act 2008, a computer or hard drive containing business information may…

In disputed-age judicial reviews, the court must determine the factual issue of age. If the claimant was a child on the relevant date, the court should…

In proceedings under section 20 of the Extradition Act 2003, a requesting state’s judicial authority may establish prima facie that a person convicted in…

On recall of a prisoner released on licence, the Secretary of State may retain custody where the statutory conditions for release are not met. Automatic…

Applications to extend time for appealing against a stand-alone Anti-Social Behaviour Order must be considered with proper regard to the public interest in…

A planning permission notice must contain a summary of the authority’s reasons for granting permission and a brief summary of the relevant development-plan…

Whether a Schedule 2 development is likely to have significant environmental effects is assessed on classical Wednesbury principles. The concept of…

Under section 14 of the Extradition Act 2003, passage of time bars extradition only where returning the requested person would be unjust or oppressive.…

Planning and pollution-control regimes are separate but complementary. Planning decision-makers must assume that the relevant pollution-control regime will be…

A definitive map and its accompanying statement must be read together. The map is the primary document, but the statement may provide conclusive particulars…

A prisoner’s allocation must be assessed separately from security categorisation. In deciding allocation, the Secretary of State must consider the prisoner’s…

For the purposes of the statutory bar based on delay, responsibility cannot be attributed to an accused merely because he remained abroad after being released…

Whether development requires environmental impact assessment is initially a matter for the local planning authority through the statutory screening process.…

The Norwich Pharmacal jurisdiction may be used to obtain information for proceedings or decision-making outside a court. Necessity is a flexible requirement…

A public authority subject to the disability equality duty must have due regard to the statutory needs with substance, rigour and an open mind. The duty is not…

Under section 62(3) of the Town and Country Planning Act 1990 and article 20 of the Town and Country Planning (General Development Procedure) Order 1995, the…

In a disciplinary or regulatory hearing, fairness may require a principal witness’s evidence to be tested where it is fundamental to disputed issues of fact.…

A coroner’s verdict may be challenged as perverse only where the decision was one that no reasonable coroner could reach on the evidence. A competent adult has…

Where the Extradition Act 2003 prescribes a time limit for serving a notice of appeal, the court has no power to extend that time. A notice served out of time…

Ofwat’s policy for appointing non-incumbent water undertakers to unserved greenfield sites was lawful and rational. The statutory consumer objective requires…

In a penal provision, likely does not invariably mean more probable than not. Its meaning depends on the statutory context and legislative purpose. In…

Magistrates determining liability for non-domestic rates are bound by the valuation entries in the local valuation list. They cannot investigate whether the…

A local development policy setting an affordable-housing target must reflect economic viability, be justified by robust evidence, and remain flexible and…

A statutory appeal against a professional disciplinary decision is a review. The court intervenes only where the decision is wrong or unjust because of a…

Judicial review of a Crown Court decision on appeal from magistrates is available in exceptional cases, particularly where there has been a material procedural…

The meaning of statutory income derived from private charges is a question for the court. The regulator must identify the real, rather than merely immediate…

A local authority’s internal scheme of delegation need not be approved by express resolution where its constitutional rules require the scheme to be agreed.…

An application under section 288 of the Town and Country Planning Act 1990 is concerned with legality, not a rehearing of planning merits. The court must defer…

For large goods vehicle licences, fitness is assessed by reference to the holder’s conduct as a driver. Personal circumstances relevant to the conduct itself…

In assessing whether a dwelling-house extension in the Green Belt is appropriate development, the decision-maker must apply the policy test concerning…

An individual cannot generally challenge the allocation of responsibility between Member States under the Dublin Regulations. Such a challenge may proceed only…

In extradition proceedings, general evidence of social prejudice does not establish substantial grounds for believing that a requested person will be…

A professional disciplinary committee may proceed in a registrant’s absence where hearing notice was duly served, but it must exercise that discretion…

A policy requiring both parties to a marriage to be aged at least 21 before a foreign spouse may obtain leave to enter or remain was rational and proportionate…

A tenancy agreement may create an enforceable obligation to provide a specified service, even where the service is not required by general housing practice.…

Permitted development rights under the General Permitted Development Order 1995 cannot be used to authorise a material departure from a planning permission…

In allocating landfill allowances, a public authority may adopt the most recent data where it reasonably considers that data more reliable, consistent and…

On an enforcement appeal, the primary question is whether permission should be granted for the development constituting the breach, including retention of the…

Section 25 of the Extradition Act 2003 imposes a very high threshold. Extradition is unjust or oppressive only where the person’s physical or mental condition…

A professional disciplinary panel may impose either suspension or conditions on registration, but the two sanctions rest on mutually exclusive premises.…

Solicitors act improperly where they deduct success fees from compensation under a low-risk, court-supervised claims scheme without clearly explaining that the…

A public authority may refuse funding for separate legal representation where it reasonably concludes that joint representation creates no material conflict of…

A rent officer determining a local reference rent must exercise an evaluative professional judgment directed to identifying the mid-point of the rental market…

A Parole Board decision must be read as a whole and in its context. A single infelicitous sentence does not establish an error of law when the decision…

The statutory description of a body as a superior court of record does not, without clear and explicit words, exclude judicial review. Reviewability depends on…

For an extradition hearing to have begun under section 8 of the Extradition Act 2003, something must be said or done in court to communicate that the hearing…

For a fresh claim under paragraph 353 of the Immigration Rules, the Secretary of State must carefully consider the new material with anxious scrutiny. The…

Evidence obtained after an unlawful arrest is not automatically excluded. Under section 78 of the Police and Criminal Evidence Act 1984, the question is…

A conviction European Arrest Warrant need not contain the same level of detail about the underlying offence as an accusation warrant. Under section 2(6)(b) of…

A public authority consulting on a policy must consult while proposals remain genuinely open, provide sufficient reasons for intelligent consideration, allow…

A renewed application for permission to apply for judicial review may be adjourned where an unrepresented claimant is medically unfit to attend, particularly…

Under PPG2, a material change of use in the Green Belt is inappropriate development if it fails to maintain openness. A decision-maker cannot conclude that…

When exercising the discretion under Police and Criminal Evidence Act 1984, section 78, a court must assess the overall fairness of admitting evidence obtained…

A tribunal must disclose all relevant evidence and submissions to every party before relying on them, particularly where material is supplied after the oral…

A constable required under Licensing Act 2003 section 143(4) to assist a licence holder in ejecting a drunk or disorderly person may use reasonable force. The…

Where a planning decision is conceded to be unlawful on one ground, the court should usually avoid deciding additional planning issues. It may nevertheless…

Where the Secretary of State determines an appeal concerning concessionary travel reimbursement, the statutory function is not incomplete merely because the…

The power to designate a conservation area must be used to preserve or enhance an area of special architectural or historic interest. It cannot lawfully be…

Solicitors’ disciplinary penalties will be upheld where the Solicitors Disciplinary Tribunal is entitled to regard repeated regulatory breaches, failures to…

HMRC may retain quarterly VAT returns as the default position while a trader’s proposed new business remains untested. A policy of allowing monthly returns…

Police officers assisting an unlawful arrest are not acting in the execution of their duty merely because they are assisting a fellow officer. A person may use…

In a challenge to an enforcement notice, the relevant question is the substance of the breach identified in the notice. Where the governing planning permission…

In planning judicial review, the court examines whether the local planning authority correctly identified and interpreted the development plan and material…

In extradition cases involving a country designated under Part 1, the starting point is a presumption that the country will comply with its obligations to…

When a statutory rent formula compares index figures expressed on different bases, the earlier figure must be rebased so that both figures have a common base.…

When removal exposes a person to criminal proceedings and punishment abroad, Article 3 is assessed relatively rather than in isolation from the removal…

For a sexual offences prevention order under Sexual Offences Act 2003, the court must first establish, to the criminal standard, the conduct relied upon. It…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, an unqualified development-plan prohibition creates a presumption against permission. The…

A local housing authority has broad discretion to devise the details of a lawful allocation scheme, subject to the statutory requirement to secure reasonable…

A housing allocation policy treating applicants with property-related debts less favourably must be construed in its statutory and policy context. A housing…

In a planning challenge, the court may intervene only for an error of law. An inspector’s assessment of planning harm and other matters of planning judgment is…

Where a public authority seeks to redact material from a judgment on national-security grounds, it must present evidence and argument sufficient to permit the…

Article 40 of Council Regulation (EC) No 1782/2003 must be interpreted contextually and purposively. A farmer relying on article 40(5) must still show that…

A statutory warning required by section 7(7) of the Road Traffic Act 1988 is mandatory, even where the suspect complies with the breath-testing procedure. A…

A magistrates’ finding of wilful refusal to pay council tax may be vitiated by a material error of fact concerning the defendant’s financial resources. Where…

Removal of an asylum seeker to another Dublin II member state engages article 3 only where there is a real risk of treatment reaching the high threshold of…

A public authority may adopt a precise policy for dealing with recurrent applications, but it must retain a genuine discretion to depart from that policy and…

The Licensing Act 2003 confers no express or implied right on a responsible authority or interested party, previously heard by a licensing authority, to appear…

Planning authorities must engage meaningfully with the protection of European protected species when deciding planning applications. They must obtain…

The court must itself determine whether immigration detention remains lawful and reasonable. The Hardial Singh principles apply to detention pending a…

The statutory power to impose control-order obligations is a comprehensive code. It does not authorise a general personal-search obligation, whether imposed…

Age assessment of an unaccompanied asylum-seeking child is an evaluative task for trained and experienced social workers. The assessment must be conducted…

Judicial review of decisions concerning Incentive and Earned Privileges is highly restricted because such decisions concern internal prison management.…

Conditions attached to a solicitor’s practising certificate are regulatory, not punitive. They must be necessary and proportionate to protect the public and…

“Summary proceedings” in section 79(10) of the Environmental Protection Act 1990 means proceedings instituted in a court of summary jurisdiction. It does not…

An anti-social behaviour order must impose restrictions that are necessary, proportionate, precise, comprehensible, enforceable and targeted at the individual…

On a periodic review of a police injury pension, the decision-maker must compare the pensioner’s degree of disablement with the position at the last review. It…

For an indeterminate sentence of imprisonment for public protection, the tariff threshold governing a pre-tariff Parole Board review is calculated by reference…

A local authority may lawfully delegate planning decisions through area committees and provide that an application is referred to a fuller committee where the…

A local authority’s assessment of a child in need must be systematic and analytical. It must identify the child’s needs, the services required, those…

Erasure from the medical register is not inevitable in every case of proven dishonesty. A lesser sanction may be appropriate where there is compelling evidence…

Article 6 applies to control-order proceedings where the order directly restricts an individual’s rights and freedoms. The fact that the obligations are…

A sentence imposed by a Crown Court following trial on indictment cannot be quashed by judicial review where the statutory exclusion applies. A sentence that…

For extradition following conviction in the accused’s absence, the question is whether the proposed retrial or review will provide a fair trial overall. The…

A statutory appeal against refusal of a private hire vehicle driver’s licence is a rehearing of the decision actually made below. It cannot be used to…

Applications for search warrants under Police and Criminal Evidence Act 1984, section 8, require rigorous and recorded consideration of every statutory…

Under section 188 of the Housing Act 1996, a local housing authority must secure interim accommodation where it has reason to believe that an applicant may be…

Regulation 3(2)(e) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005 does not impose an automatic…

Under the Housing Act 1985, the Secretary of State’s consent to a housing transfer is not an appellate reconsideration of the underlying redevelopment scheme.…

Under section 13 of the Coroners Act 1988, the High Court may quash an inquisition and order another inquest where procedural irregularity, insufficient…

In judicial review proceedings concerning search warrants and suspension of a licensed sponsor, the court held that a licensing authority may suspend a sponsor…

A European arrest warrant is valid if it gives sufficient particulars of the alleged criminal conduct to inform the requested person of the nature and extent…

A clear tax ruling may bind the revenue under legitimate-expectation principles or an applicable extra-statutory concession, even if it does not reflect the…

Procedural fairness applies to a public health authority conducting a technology appraisal where the process has serious practical consequences and provides…

A human-rights claim may be certified as clearly unfounded only where it has no prospect of success. The test is binary: if any reasonable doubt exists about…

A transport appeal panel considering post-16 education transport must give particular regard to a learner’s individual disabilities and educational needs. It…

Where planning permission is sought for development near a hazardous installation, the local planning authority must comply with the consultation and…

Under paragraph 353 of the Immigration Rules, further asylum representations must be assessed with the material previously considered. The question is whether…

In deciding whether undercover evidence should be excluded as unfair, the court must apply the recognised entrapment principles, including whether officers…

The statutory assumption concerning alcohol levels in a specimen applies to a contested trial. It does not compel a court, after a guilty plea, to sentence on…

An Administrative Court judicial review cannot determine an immigration detainee’s application for bail where the statutory jurisdiction lies with the Asylum…

For the purposes of the Protection from Harassment Act 1997, a course of conduct may include abusive speech during calls returned by the alleged victim. It is…

Under section 11(3) of the Extradition Act 1989, an applicant must be discharged where the accusation is not made in good faith in the interests of justice and…

A criminal court has an inherent power and duty to appoint an intermediary for a defendant where that assistance is necessary for effective participation and a…

A failure to give notice of proposed alibi evidence does not make the evidence inadmissible. The proper consequences are adverse comment, cross-examination and…

Procedural rules cannot alter or supplement the substantive conditions for extradition enacted by Parliament. Although the Criminal Procedure Rules apply in…

A search under statutory stop-and-search powers is unlawful where the constable fails to comply with the statutory duty to identify himself and his police…

An application to state a case may be refused as frivolous only where it is futile, misconceived, hopeless or academic. The court must not refuse merely…

Where an accused relies on post-driving alcohol consumption to displace the statutory assumption concerning a breathalyser reading, the accused must prove both…

A breach of the right to prompt legal advice does not ordinarily provide a reasonable excuse for refusing to provide a breath specimen. Nor does it generally…

Where a notice of intended prosecution is sent by first-class post, service is presumed to occur in the ordinary course of post, but that presumption is…

Where legislation requires a notice to be given within one calendar month, the ordinary approach is to exclude the day on which the triggering event occurs and…

Article 8 imposes a positive duty on prison decision-makers to balance a prisoner’s family-life rights against public-safety risks. Where a prisoner seeks to…

A magistrates’ court has a discretion to adjourn a criminal trial, but the power must be exercised consistently with the need for efficient and expeditious…

A blanket disenfranchisement of convicted prisoners may be incompatible with Article 3 of Protocol 1, but that conclusion does not determine which categories…

Article 8 proportionality provides a high threshold for resisting extradition. The public interest in honouring extradition arrangements carries substantial…

A claim for judicial review must be brought promptly and, in any event, within three months of the decision challenged. The court has discretion to extend that…

A prisoner released on licence remains unlawfully at large where the statutory preconditions for release were unmet and the operative court order required…

An arguable complaint that police officers inflicted ill-treatment contrary to Article 3 requires an effective investigation, including independence from those…

An appeal from a professional disciplinary decision is ordinarily a review, not a rehearing. The court must respect the specialist tribunal’s assessment of…

An application for student entry clearance is an application to enter as a student, not one tied irrevocably to a named institution or course. On…

A Local Safeguarding Children Board must conduct a Serious Case Review promptly and comprehensively where the statutory criteria are met. A substantial delay…

Permission to seek judicial review should ordinarily be refused where an adequate alternative remedy exists and has not been pursued. A complaints procedure…

Under Article 31, continuation of an interim suspension order requires an application to the court. The court may extend the order where continuation is…

An interim suspension order may be extended where regulatory proceedings have been delayed because the registrant has repeatedly failed to cooperate with…

A stay should be granted only where the relevant law is uncertain and an anticipated higher-court decision is likely to determine, or substantially affect, the…

When a defendant relies on the defence in section 139(4) of the Criminal Justice Act 1988, the court must distinguish between possession of the article and the…

Consent is available as a defence to common assault only in limited circumstances. Where the evidence establishes a violent attack, a bare assertion by the…

In control-order proceedings, fairness under Article 6 requires disclosure of sufficient information about the material allegations to enable the controlled…

A conviction occurring after the passing of the UK Borders Act 2007 but before the commencement of its automatic deportation provisions may satisfy the…

For the purposes of the Vehicle Excise and Registration Act 1994, whether a road includes an adjoining grass verge is a question of fact. The court must…

Under section 7(3)(bb) of the Road Traffic Act 1988, a blood specimen may be required where the constable has reasonable cause to believe that an intoximeter…

For a statutory power conditioned on purpose, the specified purpose must be the decision-maker’s main or dominant purpose. Under the Banking (Special…

Where a court, tribunal or statutory adjudicator has discretion whether to make an award, the resulting sum does not exist as a debt or liability until the…

On judicial review, the court must assess whether the public authority was entitled to reach its decision on the information available, rather than substitute…

A listed building enforcement notice requiring steps to retain remains in a safe and protected manner imposes a continuing obligation. The specified compliance…

In criminal proceedings, an expert’s connection with the party calling him does not, by itself, make his opinion evidence inadmissible. The connection may…

A certificate under section 31 of the Animal Welfare Act 2006 is conclusive evidence of the certified date, subject only to exceptional cases such as fraud or…

A court may reopen an unperfected judgment only in exceptional circumstances, although the test may receive a more generous application in public law…

For environmental impact assessment purposes, a planning application may need to be considered with related works where, in reality, it forms an integral part…

Age assessments in borderline cases must be conducted fairly and informally, with inquiry into the person’s family circumstances, history, education…

Under section 14 of the Extradition Act 2003, passage of time bars extradition only where it makes extradition unjust or oppressive. Oppression requires…

Apparent bias is determined by asking whether, having regard to all relevant circumstances, a fair-minded and informed observer would conclude that there was a…

A public body may reject findings of maladministration by the Parliamentary Commissioner for Administration, but only for cogent reasons. The court focuses on…

Where legislation makes a prosecutor’s certificate conclusive as to the date on which sufficient evidence came to the authority’s knowledge, the court must…

When deciding whether to proceed in the absence of a defendant, a magistrates’ court must exercise its discretion judicially and with regard to fairness. Where…

Immigration detention pending removal is lawful only for a period reasonably necessary to achieve removal. The court must assess, on the circumstances known at…

Legal advice privilege applies to confidential legal advice given by members of the legal profession. It does not extend to advice on tax law given by…

On a submission of no case to answer, the court must consider the prosecution evidence at its highest. The case should be stopped where a properly directed…

The statutory power to detain a person pending deportation is subject to the Hardial Singh principles and to the Secretary of State’s published detention…

When reviewing a decision not to record a police complaint, the decision-maker must address each distinct strand of the complaint. A complaint need not…

An application to state a case under Magistrates' Courts Act 1980, section 111, must be made within 21 days. The time limit is mandatory, and the court should…

For an accusation European arrest warrant to satisfy section 2(3)(b) of the Extradition Act 2003, the warrant itself must unequivocally state that the person…

Accommodation provided by a housing department does not become accommodation under section 20 of the Children Act 1989 merely because children’s services knew…

Under section 176 of the Town and Country Planning Act 1990, an inspector may correct or vary an enforcement notice and may enlarge the area shown on its plan…

On an appeal under section 40 of the Medical Act 1983, the High Court exercises a full appellate jurisdiction but should respect the specialist tribunal’s…

In extradition proceedings, Article 8 may require refusal of return where the family consequences are sufficiently striking and unusual. The public interest in…

A penal notice is not generally necessary on an Administrative Court order requiring a public body to act or refrain from acting. Failure to comply may be…

For dual criminality in extradition proceedings, the court must examine the conduct described in the warrant and supporting documents. It must disregard mere…

In extradition proceedings, an Article 8 claim is assessed by balancing the public interest in prosecution in the appropriate jurisdiction against the…

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

A decision by a private association is amenable to judicial review only where the power or function exercised has a sufficient public element, flavour or…

The Administrative Court exercises very limited supervision over proceedings in the Magistrates’ and Crown Courts. It will not intervene merely because…

For the purposes of the very special circumstances test in PPG2, “any other harm” means harm additional to that arising from inappropriate development. It is…

An attempted suicide causing lasting serious injury in custody requires an enhanced investigation under article 2 of the ECHR. The investigation must be…

On an appeal from a premises-licence review, the decision-maker must apply the statutory duty to take such steps as are considered necessary for promoting the…

Under paragraph 353 of the Immigration Rules, further submissions must be assessed with anxious scrutiny. The decision-maker must ask whether the material is…

An interim suspension order under section 41A of the Medical Act 1983 requires a properly reasoned finding that suspension is necessary for public protection…

A prisoner's educational and expressive rights are subject to reasonable limits consistent with the purposes of imprisonment and the proper administration and…

Administrative detention pending deportation is lawful only while the statutory purpose remains genuinely pursued, the period is reasonable in all the…

A renewed application for permission to seek judicial review should be refused where the proposed grounds disclose no arguable unlawfulness, irrationality or…

A polygraph condition imposed on release on licence is lawful where authorised by statute and justified as part of supervision and rehabilitation. Its…

A justice considering an application for a summons must exercise a judicial, though not unfettered, discretion. Relevant matters include whether the allegation…

Prisoners retain Convention rights, including respect for family life, but those rights may be restricted where necessary to protect others. A prison must…

In human-rights judicial review, the court may determine hard-edged factual issues itself where this is necessary to decide jurisdiction or whether Convention…

For the purposes of Part VI of Schedule 1 to the Freedom of Information Act 2000, information held by the BBC for purposes including journalism, art or…

Information is outside the Freedom of Information Act where it is held to any significant extent for journalism, art or literature, even if it is also held for…

A public authority responsible for prisoner categorisation must not require progress towards rehabilitation while withholding the means by which the prisoner…

Section 15(1) of the Audit Commission Act 1998 gives interested persons access to the accounts of an audited local authority and to books, deeds, contracts…

Immigration detention pending deportation is lawful only while the Secretary of State genuinely intends removal and acts with reasonable diligence and…

Where an extended-sentence prisoner is recalled during the licence period, detention must retain a sufficient causal connection with the protective purpose of…

A public authority conducting a procurement exercise may rationally assess demand by treating broadly interchangeable forms of provision as complementary…

When reviewing national legislation implementing an age-discrimination directive, the court must conduct its own proportionality assessment. Governments…

Permission to apply for judicial review will ordinarily be refused where the challenged decision has been made or withdrawn and continuation would serve no…

Article 5(4) of the European Convention on Human Rights creates a freestanding right to a speedy hearing determining the lawfulness of detention. Whether a…

An oral hearing is not required in every Financial Ombudsman Service determination. It may be necessary where the complaint turns on disputed accounts of…

Age assessments of unaccompanied asylum-seeking children remain decisions for experienced social workers, subject to conventional judicial review. The court…

A delay caused by the Parole Board’s lack of resources, or by its errors or omissions, can breach European Convention on Human Rights article 5(4). The Board’s…

In a planning challenge under section 288, the court reviews legality, not the planning merits. A decision-maker may reach a different evaluative judgment from…

Under paragraph 353 of the Immigration Rules, the Secretary of State must decide whether further submissions are significantly different from material…

Witness summonses in disciplinary proceedings should be set aside where the proposed witnesses cannot give material or relevant evidence on the allegations…

A decision to include a country on the statutory safe-country list is amenable to judicial review on Wednesbury grounds. The Secretary of State is entitled to…

The Parliamentary Ombudsman’s jurisdiction depends on the statutory distinction between prudential regulation and business regulation. Prudential regulation…

In a public procurement framework, substitution of a new contracting party may amount to a change to an essential term, unless the original contract provided…

A prisoner whose Parole Board hearing has been delayed may establish a breach of European Convention on Human Rights, Article 5(4), but that does not…

For accommodation to qualify as “exempt accommodation”, care, support or supervision must be provided by the accommodation provider or by another body acting…

Age assessment under section 20 of the Children Act 1989 is an evaluative exercise for the local authority. Judicial review does not substitute the court’s…

An anti-social behaviour order must state the prohibited conduct with sufficient clarity for the subject to understand what is permitted and for enforcement…

The statutory scheme permits the Financial Services Authority to assist an overseas regulator in pursuing a civil enforcement claim. The assistance may include…

Whether a quarry extension is a small-scale extension under a local plan requires a qualitative, site-specific planning judgment against the specified…

Removal arrangements may unlawfully impede access to legal advice where their timing and conditions make access to the courts practically difficult, even…

Although bail decisions attract a wide margin of judgment and robust review, the decision-maker must take account of the material circumstances bearing on the…

A decision-making body acts unfairly where persons with first-hand knowledge of disputed facts participate fully in deciding an application, while also…

Executive decisions concerning prisoner categorisation will be unlawful for irrationality only where the decision lacks sufficient evidential support and…

Proceedings against the Crown must be served in accordance with the Crown Proceedings Act 1947. Service on a departmental address is insufficient where the Act…

In extradition proceedings, bail is approached in the same way as in an ordinary criminal case. The question is whether there are substantial grounds for…

Where an immigration decision is quashed after the claimant has been removed, the court must provide an effective remedy for the unlawfulness. In an…

A third-country national cannot create an Article 43 right of establishment merely by incorporating or acquiring a shell company in an EU or EEA state. Where…

An interim suspension order may be extended where the criteria for making the original order remain satisfied. The court must consider public protection, the…

In deciding whether extradition would expose a person to treatment contrary to article 3 of the ECHR, the court must assess the particular circumstances and…

For a fresh claim based on Article 8, the Secretary of State must not reject the claim as having no realistic prospect of success where the evidence, taken at…

In a challenge under Town and Country Planning Act 1990, section 288, the court reviews legality, not the planning merits. An outline application is not…

Where a person relies on a British passport to resist deportation, the Secretary of State bears the burden under section 39 of the Immigration Act 1971 of…

A public authority must understand the factual problem before exercising a statutory or public-law discretion. A decision based on a fundamental…

When extending an interim suspension order concerning a regulated healthcare professional, the court must determine whether continuation is necessary and…

A defect in the composition of a school governing body does not necessarily invalidate its proceedings. Under paragraph 12(5) of the School Governors…

An independent admission appeal panel must apply the applicable School Admissions Code, but an appeal remains focused on whether the admission arrangements…

In extradition cases, Article 3 requires an objective assessment of whether removal creates a real risk of treatment reaching the exceptionally high threshold…

Paragraph 4 of Part 4 of Schedule 7 to the Waste Electrical and Electronic Equipment Regulations 2006 requires a producer compliance scheme to have viable…

A fresh claim must be considered by reference to the material actually advanced. A refusal which responds to a different claim and ignores material evidence is…

A Secretary of State deciding whether to issue an exhumation licence under Burial Act 1857, section 25, may consider whether the licence would practically…

Where the essential grounds for a control order have been withdrawn, the court cannot retrospectively uphold the original decision by relying on residual…

A coroner’s discretion under paragraph 7(4) of the Coroners Rules 1984 to permit the IPCC to attend a post-mortem is broad, but should ordinarily be exercised…

A local authority’s duty under section 20 of the Children Act 1989 to a looked-after child cannot be ended unilaterally because the child moves elsewhere or…

Under Planning and Compulsory Purchase Act 2004, section 38(6), a consideration relevant to whether a proposal complies with a development plan policy may also…

A disclosure order under Part 8 of the Proceeds of Crime Act 2002 may be made in relation to property held in the United Kingdom which is reasonably suspected…

In a renewed application for permission to seek judicial review of a fresh-claim decision, a claimant relying on the impact of required discretion must at…

In judicial review, the legality and rationality of an administrative decision must ordinarily be assessed on the information available to the decision-maker…

A removal decision under section 10(1) of the Immigration and Asylum Act 1999 falls within the statutory appeal route for removal decisions. It does not also…

When deciding whether temporary accommodation is suitable under Housing Act 1996, a housing authority must consider the household’s needs, including the…

An appeal under section 40 of the Medical Act 1983 is a full rehearing, subject to appropriate respect for the specialist tribunal’s factual and professional…

After an indeterminate sentence tariff expires, the prisoner is entitled to a speedy hearing to determine whether continued detention remains lawful. Article…

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

A fitness-to-practise panel assesses a doctor’s present and future fitness, but may consider past misconduct. Remediation and a low risk of repetition do not…

Prison conditions engage Articles 3 and 8 of the Convention only where the treatment, interference or risk reaches the applicable legal threshold. The…

A State’s treaty rights concerning international aviation are not suspended merely because it lacks effective control over part of its territory. Under the…

Judicial review is concerned with the legality of an ombudsman’s decision, not with rearguing the merits. Expert evidence cannot be used to invite the court to…

At the permission stage of judicial review, the court decides only whether the proposed claim is arguable. It does not determine the ultimate merits. A GMC…

Criminal liability for breaching a dispersal direction depends on proof of a valid authorisation, proper publicity, a lawful direction and its breach. The…

An appellate court should respect the specialist expertise of a professional disciplinary tribunal, but must intervene where its sanction is clearly…

A body performing public functions may be amenable to judicial review, but not every decision made by it is reviewable. Where a public body exercises…

Domestic courts generally cannot determine whether a foreign state has breached international law where doing so requires resolving complex facts and matters…

After expiry of the six-month limit, a summary information may be amended to allege a different offence where the new offence arises from the same or…

Under paragraph 353 of the Immigration Rules, further submissions must first be assessed for significant difference from material previously considered. If…

A solicitor who gives a professional undertaking must stand behind it personally and protect the person to whom it is given. Reliance on the apparent…

Inferior tribunals possess no inherent jurisdiction equivalent to that of the High Court. Their non-express procedural powers arise only by necessary…

Under regulation 13 of the Police Regulations 2003, a probationary constable may be dismissed where the chief officer considers that the constable is not…

Enforcement authorities have wide discretion in designing and conducting competition investigations, including voluntary penalty-reduction schemes. That…

A special report under section 145(4) of the Representation of the People Act 1983 may address any matter arising during an election-petition trial, including…

Where related tax appeals and judicial review proceedings raise overlapping factual and legal issues, transfer to the Tribunal system may be appropriate if it…

Where an immigration officer cancels leave to enter under paragraph 2A of Schedule 2 to the Immigration Act 1971, a resulting deemed refusal of leave to enter…

Regulation 4(1) of the Disability Discrimination (Meaning of Disability) Regulations 1996 excludes specified conditions, including a tendency to physical…

Regulation 13 of the Police Regulations 2003 must not be used as an alternative to misconduct proceedings where the facts relied on are materially disputed. In…

A public authority’s consultation may lawfully propose a substantial change in the way services are delivered without specifying every later operational…

Judicial review of a school-closure decision examines legality, not the merits of the educational policy. A local authority must ask itself the right question…

An inspector determining a planning appeal must address the development plan and any material considerations, but need not use formulaic language if the…

An appeal from a licensing committee to the magistrates’ court is a complete rehearing on fresh evidence, but the appellate judge must reverse the earlier…

An unlawful or prohibited arrest does not, by itself, invalidate later breath or blood testing in a drink-driving case. A lawful arrest is not an essential…

Licence conditions imposed on a prisoner released into the community must pursue a lawful statutory purpose and comply with Article 8 of the European…

A qualified exemption under the Freedom of Information Act 2000 requires a genuine comparison between the public interests in disclosure and in maintaining the…

Under the Criminal Justice Act 2003, a warning for an initial failure to comply with a community or suspended sentence order is not a punishment and does not…

Under section 80(1) of the Environmental Protection Act 1990, a local authority may require only the abatement, prohibition or restriction of a statutory…

A planning decision may take account of financial consequences where they have a sufficiently close connection with the use and development of land. But an…

Standing under section 288 of the Town and Country Planning Act 1990 requires an objectively recognisable interest in the planning outcome. The relevant…

An Employment Tribunal hearing an appeal against a prohibition notice under the Health and Safety at Work etc. Act 1974 must form its own view of the relevant…

A local authority is not required to consider a statutory funding regime which the applicant did not invoke. Under the Scholarships and Other Benefits…

A statutory planning challenge is not a rehearing on the merits. The claimant must establish an error of public law, such as taking account of an immaterial…

Possible alternative sites are generally a potentially relevant planning consideration. They do not, however, create a legal duty to investigate alternatives…

Judicial review will ordinarily be refused where an adequate statutory appeal provides the appropriate forum for resolving the dispute. A claimant cannot use a…

When reviewing a refusal to treat further representations as a fresh claim, the court must ask whether the Secretary of State applied the correct…

Prisoner categorisation must be determined objectively by reference to the likelihood of escape and the risk posed if escape occurs. Deportation liability may…

Measures abolishing an excise-duty drawback arrangement are economic-management decisions involving complex commercial judgments. Judicial review requires…

A planning permission may be quashed where the decision-maker was materially misled by an officer’s report on a central planning issue. The report must present…

Changes to early-release and licence arrangements for determinate prisoners concern the administration or execution of the sentence, rather than the judicial…

For an attempt to drive with excess alcohol, the defendant must have done an act which was more than merely preparatory to driving. Intention to drive, even…

A magistrates’ court has a wide discretion under section 52(3) of the Courts Act 1971 to award costs when a complaint is not proceeded with. The discretion…

In an appeal against refusal to modify a control order, the court must apply rationality and proportionality, while allowing appropriate weight to the…

Permission to amend a judicial review claim to add damages should be granted only where the proposed claim has more than a fanciful prospect of success and…

When deciding whether to consent to escorted community leave for a restricted patient, the Secretary of State must address the risk arising in the specific…

When consent is required for trial leave by a restricted patient, the Secretary of State must make an independent judgment whether the risks to other people…

In a planning decision, predisposition is legitimate but predetermination is not. The objective question is whether a fair-minded and informed observer, aware…

Questions asked by customs officers about cash seized for possible civil forfeiture do not require a caution under Code C10 of the Police and Criminal Evidence…

In a planning appeal, an inspector must give reasons on each principal important controversial issue identified as central to the applicant’s case. A general…

A licensing authority has no inherent power to stay or strike out a premises-licence review for abuse of process. Any such power must arise expressly or by…

Common law procedural fairness applies to decisions imposing or maintaining a high or exceptional escape-risk classification for a convicted Category A…

The statutory prohibitions on sex discrimination require a direct legal relationship between the alleged discriminator and the person said to be treated less…

A specialist tribunal’s procedural decision will be quashed for unfairness only where the alleged defect amounts to an error of law and establishes substantial…

An injunction restraining a public body from publishing a report or decision engages considerations beyond the ordinary private-law test. Even where the…

A professional disciplinary tribunal must determine only the allegations and facts particularised in the notice of hearing. It may consider additional matters…

A solicitor must remain alert to conflicts between personal interests and a client’s interests. Where the solicitor promotes a transaction benefiting the…

Consultation is lawful where proposals remain genuinely provisional and consultees receive sufficient reasons, adequate time and a real opportunity to respond.…

Public interest immunity depends on complete accuracy in Ministerial certificates and schedules. Government departments must provide the court with full and…

At the pre-consultation stage of a statutory decision-making process, fairness may require a public body to engage in genuine dialogue about a properly…

A statutory instrument made under general enabling powers is unlawful in its application where its operation effectively removes access to the courts to…

An appeal against an enforcement notice decision on a point of law will succeed for a material error of fact only where the alleged mistake concerns an…

On a statutory appeal on a point of law, a tribunal must deal fairly with allegations that evidence is false or sham. If dishonesty is a material possibility…

An individual may not be added as a claimant without written consent filed with the court. That requirement is jurisdictional and cannot be overcome by the…

A habeas corpus application may become academic where a later, fresh and apparently lawful remand decision provides an independent basis for detention, even if…

In category A re-categorisation cases, procedural fairness does not ordinarily require an oral hearing. The Court of Appeal’s approach requires exceptional…

In a Part 1 extradition appeal, the statutory seven-day period for giving notice requires both filing with the court and service on the respondent and the…

In a planning appeal, an inspector must take account of material restrictions securing the proposed use of land. Where a unilateral obligation limits…

Judicial review is not the appropriate method for challenging an Administrative Court Office decision not to issue an apparently out-of-time notice of appeal.…

Judicial review is concerned with legality, not with prescribing the detail of individual community-care assessments or care plans where no specific unmet…

A juvenile final warning is lawful only where the statutory preconditions are all satisfied, including a clear and reliable admission to every element of the…

Although legislation does not expressly require a court to consider alternative enforcement methods before imprisonment for default under a confiscation order…

An application for a certificate of inadequacy under section 83 of the Criminal Justice Act 1988 requires the defendant to prove, on the balance of…

The court’s jurisdiction under section 41A(10) of the Medical Act 1983 is confined to terminating an interim suspension, revoking or varying interim…

When determining bail on a pre-sentence remand, the court must apply the statutory test in section 4(4) of the Bail Act, read with Schedule 1. Bail may be…

A tribunal is entitled to reject expert evidence, including unanimous recommendations, where it has the necessary expertise. It must, however, give full and…

Requests for information about the handling of earlier information requests receive no special status under the Freedom of Information Act 2000. They must be…

A discretionary decision to refuse home detention curfew must be supported by intelligible reasons addressing the individual case. Merely repeating policy…

On a renewed application for permission to seek judicial review of a refusal to state a case, the court should consider whether the proposed appeal would have…

For a composite hereditament, council tax valuation must identify the relevant amount for the hereditament and apportion it between domestic and non-domestic…

The statutory appointment of independent police authority members involves two stages. A selection panel may conduct the assessment process and recommend…

Age assessments by local authorities are reviewed by ordinary Wednesbury principles, with careful and anxious consideration. The absence of an engaged…

The existence of outstanding representations does not, by itself, make immigration detention unlawful or prevent removal from being imminent. The legality of…

A coroner sitting without a jury may give a judgment in addition to the verdict, but the judgment must remain directed to the statutory matters for…

A specialist appeal panel deciding whether to impose conditions on a contingent removal from a medical performers list has a wide discretion, subject to the…

Article 6(1) ECHR applies to an appeal against a control-order modification which substantially interferes with the controlled person’s right to occupy a home.…

Under section 76(7)(b) of the Police Act 1996, a police complaints authority may require information reasonably needed to decide whether to recommend or direct…

Permission to apply for judicial review may be granted where there is an arguable failure by an appellate court to hear plainly relevant evidence and an…

In an extradition case, Article 3 is engaged only where there are strong grounds for believing that the requested person faces a real risk of torture or…

A custody officer’s risk assessment under Code C is a continuing process and must be reviewed when circumstances change, including after attempts at self-harm.…

A criminal prosecution founded on primary legislation and the statutory Order in Council procedure cannot ordinarily be challenged by inviting magistrates to…

Immigration detention must remain reasonable in all the circumstances. There is no fixed maximum period. Relevant factors include the risk of absconding, the…

Where a magistrates’ court changes or widens the factual basis on which it is considering a criminal charge, it must make the proposed basis clear to the…

A prisoner transferred to the United Kingdom under a prisoner-transfer agreement cannot ordinarily challenge the foreign sentence by seeking its conversion to…

In an extradition case engaging Article 8, the court must balance the interference with private and family life against the legitimate aim of honouring…

In deciding whether a person under 18 should be committed for trial, the court must apply the statutory test in section 24(1)(a) of the Magistrates Court Act…

On a section 40 appeal, the High Court must correct material errors of fact or law and exercise its own secondary judgment on sanction. It must, however, give…

A prisoner's refusal to undertake sentence-planning courses designed to reduce reoffending may rationally justify withholding enhanced privileges, even where…

Under the seven-year child residence concession, the decision-maker must begin with a presumption that indefinite leave will normally be granted only in…

Under rule 63.8 of the Crown Court Rules, an appellant may abandon an appeal without permission before the hearing begins. Identification of the appellant and…

In extradition proceedings, bail should be granted unless it is clearly established that bail should not be granted. The court must balance the risk of…

An appeal against an extradition order must be both filed and served within the statutory time limit. Filing within time does not preserve jurisdiction where…

On an appeal under the Extradition Act 2003, an issue available on the evidence below may generally be raised for the first time on appeal. The statutory…

A search warrant must identify, so far as practicable, the articles to be sought within the warrant itself. Information given privately to the issuing judge…

Article 5(4) does not require the Parole Board to complete an oral hearing or determine an offender’s case before expiry of the tariff period. The Board must…

A statutory regulator with an investigative and public-interest role has wide discretion as to how it obtains information and conducts consultation. The…

A challenge under section 288 of the Town and Country Planning Act 1990 is confined to judicial-review grounds. It is not a rehearing of the planning merits.…

Apparent bias is assessed by asking whether, having regard to all relevant circumstances, a fair-minded and informed observer would conclude that there was a…

A solicitor who creates a false document to influence salary negotiations may act dishonestly even if the prospective employer does not rely on it. Dishonesty…

Detention pending deportation is lawful only while it serves the purpose of removal and for no longer than is reasonably necessary for that purpose. The court…

Under regulation 7 of the Costs in Criminal Cases (General) Regulations 1986, a costs officer must assess work and disbursements by reference to whether they…

For a further human-rights claim to constitute a fresh claim under Immigration Rules rule 353, the new material must not have been previously considered and…

Evidence of a previous conviction is not evidence of bad character when it relates to the alleged facts of the offence charged or is used to prove an essential…

On an application to extend an interim suspension, the court is the primary decision-maker. It must assess whether continuation serves the protection of…

An enforcement appeal under the Town and Country Planning Act 1990 succeeds only where the challenged decision contains an error of law. Disagreement with an…

For contempt under the strict liability rule, the appropriate sanction depends on the seriousness of the publication, the cause of the error, its consequences…

Article 5(4) of the European Convention on Human Rights imposes a free-standing requirement for a speedy hearing to determine whether post-tariff detention…

A decision by a public authority may be susceptible to judicial review even where the authority acts under a commercial contract. The question is whether the…

In deciding whether a project is likely to have significant environmental effects, the screening authority must address the project’s nature, site and…

In planning decisions, an Inspector may consider precedent and cumulative effects as part of the individual merits of each application. A proposal may be…

The Registration of Overseas Births and Deaths Regulations 1982 did not prohibit the Secretary of State from registering an overseas birth. If registration…

The test for a fresh asylum claim is modest. The question is whether the new material gives an adjudicator, applying anxious scrutiny, a realistic prospect of…

In an extradition case engaging Article 3 of the European Convention on Human Rights, general evidence of poor prison conditions is insufficient by itself. The…

A National Park authority exercising traffic-order powers must comply with the duty in section 122 of the Road Traffic Regulation Act 1984. The existence of a…

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

In extradition proceedings, the conduct described in a European Arrest Warrant should be interpreted generously, having regard to the court’s obligations under…

For a child looked after by a local authority who has a statement of special educational needs, the authority responsible for maintaining the statement must…

Changes to statutory early-release arrangements do not alter the sentence imposed by the sentencing judge or interfere with judicial independence merely…

Under section 82 of the Extradition Act 2003, passage of time bars extradition only where extradition would be unjust or oppressive. The person invoking the…

For extradition purposes, “trial” may comprise a continuing process ending only when the requesting state has made a final determination. Where an acquittal…

An order requiring a person to do an act must specify the time for compliance before it can support committal proceedings for contempt. The immediate effect of…

A claim under Town and Country Planning Act 1990, section 288, is concerned with the legality of the challenged planning decision. It is not an opportunity to…

A rent review clause in an assured tenancy does not displace the statutory rent-increase scheme once the tenancy becomes a statutory periodic tenancy. Under…

A refusal of a work permit application will be unlawful on irrationality grounds only where the decision-maker had no material basis for the conclusions…

Under section 14 of the Extradition Act 2003, the person resisting extradition bears the burden of showing that return would be unjust or oppressive.…

An appeal against refusal of a residence card by an extended family member under the Immigration (European Economic Area) Regulations 2006 does not suspend…

Permission to bring judicial review should be granted where a proposed statutory argument is sufficiently arguable to warrant a full hearing, even if the judge…

Review of a prisoner’s security category remains governed by established public law principles. The court must not reweigh relevant matters or substitute its…

On judicial review, the court reviews the lawfulness of the decision-making process and does not substitute its own assessment of educational evidence for that…

A challenge under Town and Country Planning Act 1990, section 288, is confined to judicial review grounds. The court asks whether the alleged flaw in an…

When deciding whether to adjourn a criminal trial, magistrates must exercise their discretion by considering all material circumstances. These include the…

A sentencing indication by one magistrates’ bench may improperly fetter the discretion of the court which later sentences. Such an indication should generally…

In assessing whether new material gives an asylum claimant a realistic prospect of success, identified risk factors must be evaluated in their factual and…

Abuse of process is an exceptional control over criminal proceedings. A court should intervene only where abuse is plainly shown, particularly where the…

An appeal from a professional disciplinary decision is by way of rehearing. The court must decide whether the decision was wrong, while giving appropriate…

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

A statement of special educational needs must be read as a whole. A provision referring to group therapy does not necessarily create an unconditional…

A statutory challenge to a planning or listed-building decision is confined to errors of law and non-compliance with relevant legal requirements. The court…

On an appeal against a professional disciplinary sanction, the High Court gives substantial respect to the specialist committee’s assessment of seriousness and…

A Crown Court has a broad discretion when deciding whether to award costs from central funds after allowing an appeal against sentence. A successful appeal…

When deciding whether to try a defendant in absence, a magistrates’ court must exercise its discretion with the utmost care and caution. The overriding concern…

An anti-social behaviour order must be procedurally fair, necessary and proportionate. The court must record supporting findings, put its concerns to the…

A claimant seeking indefinite leave to remain cannot establish a fresh claim merely by advancing assertions inconsistent with contemporaneous evidence. Under…

Under section 36 of the Extradition Act 2003, the 10-day surrender period does not begin merely because an application for certification is refused on the day…

Under section 30 of the Crime (Sentences) Act 1997, the Secretary of State must lawfully exercise the compassionate-release discretion. A declared policy…

Immigration detention must remain connected to a realistic prospect of removal within a reasonable period. Hardial Singh principles apply even where the…

Under Environmental Protection Act 1990, section 34(1)(b), the prosecution must prove a failure to take all measures reasonably required in the circumstances…

Article 5(4) requires a system permitting review of the lawfulness of indeterminate detention at reasonable intervals. The Parole Board controls the…

A challenge under section 288 of the Town and Country Planning Act 1990 is confined to ordinary administrative-law grounds. It is not a review of planning…

Cancellation of entry clearance under paragraph 321A of the Immigration Rules (HC395) requires a material change of circumstances since leave was granted which…

On a statutory extradition appeal, the court’s jurisdiction is confined by section 104(3) of the Extradition Act 2003. The appellant must identify an error by…

Abuse of rights requires both an objective and a subjective element. The court must ask whether the transaction or arrangement, although formally within the…

A planning authority dealing with a development affecting a European protected species must do more than note the species and require a licence. It must engage…

Disclosure in a police misconduct investigation is permitted only where it is necessary for the proper discharge of the investigating authority’s statutory…

Under section 26(4) of the Extradition Act 2003, an extradition appeal notice must be filed and served within the statutory seven-day period. The court cannot…

On a challenge to a planning inspector’s decision, the court reviews legality rather than rehearing planning merits. Reasons must be intelligible and adequate…

An extension of time for lodging an appeal by way of case stated is discretionary and must be determined in the interests of justice. The court may consider…

Under section 15 of the Road Traffic Offenders Act 1988, a defendant relying on post-driving alcohol must prove both that alcohol was consumed after driving…

In school exclusion proceedings, the applicable standard of proof is the balance of probabilities. It always means more likely than not. Serious allegations or…

In extradition proceedings, interference with private and family life must be assessed for proportionality under Article 8. The legitimate aim of honouring…

Residential accommodation under section 21(1)(a) of the National Assistance Act 1948 may cease to be provided under that provision even though a person’s care…

A judicial review claim must be characterised by its substance. A communication explaining the effect of retrospective tax legislation is not necessarily a…

A local authority’s assessment of a child in need must result in a realistic plan of action, including the services to be provided. The plan must contain…

When assessing costs payable from central funds, a solicitor’s reasonable composite hourly rate may ordinarily include travel and waiting time. A reduction is…

On an application for permission to seek judicial review of a refusal to state a case, the High Court will not reassess factual findings or the merits of a…

Under Part 1 of the Extradition Act 2003, a European Arrest Warrant must give particulars of the circumstances alleged, including the requested person's…

Under Dublin II, a requesting member state is not generally required to pass on new information suggesting that responsibility has ceased after the requested…

Regulation 12 of the Criminal Defence Service (General) (No 2) Regulations 2001 does not permit a magistrates’ court to extend a representation order to…

On an extradition appeal, the court may admit a fresh Article 8 point not raised below where the circumstances justify consideration of the United Kingdom’s…

In extradition proceedings, an accused who has deliberately fled the requesting state will ordinarily be unable to rely on subsequent delay, prejudice to…

A prisoner serving an indeterminate sentence is entitled to a review of detention at reasonable intervals under article 5(4), assessed in the circumstances of…

Under paragraph 353 of the Immigration Rules, the Secretary of State must first decide whether the further material is significantly different. If it is, the…

Judicial review is not an appropriate means of challenging factual findings or the credibility of witnesses in a criminal appeal. Where the proposed claim…

A planning condition must be construed in the context of the permission read as a whole, including the express reason for imposing it. The condition and its…

Under the Hardial Singh principles, immigration detention pending deportation requires a fact-sensitive assessment of reasonableness in all the circumstances.…

Part 1 of the Extradition Act 2003 provides the comprehensive procedure for challenging extradition, including human rights objections. Judicial review after…

An appeal under the Medical Act 1983 is a rehearing in which the court asks whether the disciplinary decision was wrong, while giving appropriate weight to the…

A Crown Court decision concerning a wasted costs application is ordinarily collateral to the trial on indictment and may therefore be amenable to judicial…

In execution-related interpleader proceedings, the County Court may direct the bailiff to withdraw from possession where the execution creditors admit the…

Under section 20 of the Extradition Act 2003, deliberate absence from trial is a question of fact, proved by the requesting judicial authority to the criminal…

A court should not ordinarily determine an academic judicial review. It may do so in the public interest only where there is good reason, including a discrete…

On a statutory appeal from a Fitness to Practise Panel, the High Court exercises a secondary judgment. It may intervene where the decision is wrong or unjust…

Whether extradition is oppressive by reason of delay requires an overall assessment of all the circumstances. The principal focus is the effect of the passage…

An environmental assessment for a plan may be iterative. Once compliant assessment has identified, described and evaluated broad alternatives and the…

At the permission stage, delay may defeat a judicial-review claim concerning alleged breach of environmental obligations, even where Community-law rights are…

In European arrest warrant proceedings, the information required by section 2(4)(c) of the Extradition Act 2003 is a description of the alleged circumstances…

Where a public right of way appears on a definitive map, its recorded status attracts a rebuttable presumption that the right exists. Deletion requires…

Judicial review of a refusal of permission to appeal in social-security proceedings is confined to exceptional cases. A tribunal’s mistake of fact or law, even…

Under section 31 of the Extradition Act 2003, the High Court may extend the period for beginning an extradition appeal retrospectively, including after the…

On a challenge under Town and Country Planning Act 1990, the court reviews legality rather than planning merits. Whether accommodation is ancillary to an…

In a judicial review concerning child support arrears, a challenge must be brought promptly against the underlying decision fixing the liability. Later…

In an extradition case engaging Article 8, the court must conduct its own proportionality assessment and strike a fair balance between the individual’s private…

Under the Extradition Act 2003, passage of time bars extradition only where, on all the circumstances, return would be unjust or oppressive. Culpable delay by…

A chief officer may dispense with a probationer constable’s services where cumulative conduct reveals fundamental unsuitability of judgment, even if the…

Prisoners liable to removal from the United Kingdom are not in an analogous position to prisoners who are not removable. Early removal is a means of…

A European Arrest Warrant must describe the alleged extradition offences with sufficient particularity to identify their essential nature, but it need not…

On an appeal under Town and Country Planning Act 1990 section 289, an enforcement notice must be confined to the development that constitutes the material…

Under Rule 353 of the Immigration Rules, further submissions constitute a fresh claim only if they contain material not previously considered and, taken with…

The jurisdiction to reopen a final extradition appeal is residual and exceptional. Under CPR 52.17, its cumulative conditions must all be met: reopening must…

Section 142(1) of the Magistrates' Court Act 1980 gives a magistrates’ court a limited power to correct a decision affected by mistake or akin to the slip…

A refusal of leave to enter following cancellation of existing leave may generate a statutory right of appeal where the purpose specified in the entry…

Under paragraph 353 of the Immigration Rules, a fresh asylum claim requires material that was not previously considered and that, taken with the earlier…

Section 21(1)(a) of the National Assistance Act 1948 is concerned with a present need for care and attention, not merely accommodation, subsistence or medical…

Where an arguable judicial review claim cannot be effectively presented because the claimant is unrepresented, unprepared and lacks the case papers, the…

Professional rules governing referral fees, fee sharing and solicitor independence are construed by reference to their purpose and commercial reality.…

In deciding whether a motoring offence involves special reasons for avoiding endorsement, the court must assess the defendant’s conduct in the emergency as…

Section 8(1) of the Contempt of Court Act 1981 protects the whole process of jury deliberation. It prohibits disclosure of votes, statements, opinions and…

The court will ordinarily avoid determining academic issues or points that do not arise on the facts, except in the most exceptional circumstances. Where the…

A court or administrative decision-maker may correct an order after judgment where the correction gives effect to the intention actually held by the whole…

For housing benefit and council tax benefit, entitlement to income-based jobseeker’s allowance is relevant, not the fact that jobseeker’s allowance was…

In bail-breach proceedings under Bail Act 2003, the court may rely on written hearsay evidence. Strict criminal evidential rules do not apply. The…

When assessing whether a replacement dwelling in the Green Belt is materially larger under paragraph 3.6 of PPG2, the decision-maker must primarily make an…

The burning of human remains outside a crematorium is a criminal offence under the Cremation Act 1902 and the Cremation (England and Wales) Regulations 2008. A…

A search warrant under Police and Criminal Evidence Act 1984 section 8 cannot lawfully authorise the seizure of computers where the issuing justice could not…

Age assessment of an unaccompanied asylum-seeking claimant is an administrative decision for the Secretary of State or local authority, not a matter for the…

An unaccompanied site visit does not necessarily make a planning appeal procedurally unfair. The court must consider the circumstances, including whether the…

In deciding whether a person is unsuitable to work with vulnerable adults or children, the tribunal must assess risk and public confidence on the evidence…

Costs in judicial review remain a matter for the court’s discretion. A successful claimant will ordinarily receive its costs, subject to control of excessive…

Judicial review of a refusal by a specialist social security appellate body to grant permission to appeal is confined to truly exceptional cases. It is not an…

A coroner may return a verdict of unlawful killing only where the evidence establishes, to the criminal standard, both the unlawful act and the necessary…

Planning and housing definitions of “gypsies and travellers” serve different purposes. The broader housing definition informs assessment of accommodation…

In a planning challenge, the court does not substitute its own view on the merits of a planning judgment. An Inspector’s decision will withstand review where…

A methodology for assessing whether an asylum-seeker is under 18 is unlawful where it treats appearance and demeanour as determinative of age for prosecution…

Judicial review may be appropriate where a challenge to police stop-and-search practices raises wider public-law issues, even though individual factual…

An adjournment may be granted where the claimant’s legal challenge has not been adequately particularised, relevant documents are missing, and newly developed…

An interim suspension order may be extended where there is a real risk arising from possible impairment of a doctor’s fitness to practise and the order is…

A stay for abuse of process requires the defence to establish, on the balance of probabilities, serious prejudice such that a fair trial cannot take place.…

A professional disciplinary tribunal may consider a practitioner’s attitude to the conduct charged, including denials, dishonest evidence and lack of insight…

A statutory appeal must be brought within the period prescribed by the relevant enactment where that enactment contains a special time limit. The general power…

For the purposes of the 48-hour disciplinary time limit, evidence is discovered when information objectively gives the prosecuting authority reasonable grounds…

An apparent-bias challenge is determined by asking whether an informed and fair-minded observer would reasonably suspect a real possibility of bias. A former…

Where a public authority has an unqualified domestic-law right to possession, an occupier’s personal circumstances will rarely justify refusing possession…

In a Part 1 extradition case, the residual abuse-of-process jurisdiction protects the integrity of the requested state’s extradition process. It is concerned…

An appellant challenging a planning inspector’s factual and evaluative conclusion on irrationality faces a high hurdle. The difficulty is particularly acute…

Judicial review is not generally available to challenge a public authority’s exercise of a contractual power merely because the authority is performing…

The EIA screening duty arises only where development falls within a description in Schedule 1 or Schedule 2. Those descriptions require a broad, purposive…

Under section 21(1)(a) of the National Assistance Act 1948, accommodation may be required where a person needs some care and attention, meaning that the person…

Permanent exclusion from school is exceptional, particularly where a pupil receives special educational support, but exceptional cases may justify it. Fairness…

The Director of High Security’s power to ratify a Close Supervision Centres Committee decision includes an implied power to refuse ratification and require…

A prosecutor’s certificate under the Computer Misuse Act 1990, section 11(4), is ordinarily conclusive as to the date when sufficient evidence came to the…

In an appeal against professional disciplinary sanction, the court asks whether the decision was excessive and disproportionate or outside the range of…

A statutory power to legislate for the government of a territory may be expressed in wide terms and is not curtailed merely because legislation affects…

A control order may be made lawfully where material is mistakenly included in the decision-making process, provided the Secretary of State did not found the…

Leave to amend a judicial review claim may be granted at a late stage where refusing the amendment creates a real risk of injustice and the opposing party’s…

In a non-statutory work permit scheme, a review of an initial refusal may reconsider the application in full and introduce additional grounds of refusal. The…

When deciding whether fresh representations amount to a fresh claim under paragraph 353 of the Immigration Rules, the Secretary of State must assess whether an…

An exclusion appeal panel must identify the conduct relied on, determine whether it is attributable to the pupil, and decide whether exclusion is a reasonable…

A professional disciplinary tribunal may proceed in a defendant’s absence only after exercising its discretion with the utmost caution and considering fairness…

When assessing suitability to work with vulnerable adults, a tribunal must consider that issue separately from suitability to work with children. The absence…

An extra-statutory VAT concession operates according to its published terms and context. A claimant must fall clearly within those terms to establish an…

When a child is within 12 calendar months of transferring between phases of schooling, regulation 19 of the Education (Special Educational…

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

In a planning challenge under section 288 of the Town and Country Planning Act 1990, disagreement with an inspector’s planning judgment does not establish an…

Refugee status, while continuing, constitutes a valid objection to extradition to the refugee’s country of nationality where return would engage the Refugee…

On an appeal from a fitness to practise determination, the High Court should respect the specialist tribunal’s assessment of evidence, particularly where…

For council tax purposes, where a genuine, non-sham joint tenancy sets out liability for rent, its terms ordinarily determine whether the tenants are liable…

When deciding whether further representations amount to a fresh claim under Immigration Rules rule 353, the Secretary of State must consider the new material…

A planning inspector must determine an appeal in the light of the written material and the evidence given at the hearing, taking account of written submissions…

When deciding whether to continue interim accommodation for an applicant awaiting review of a homelessness decision, the authority or court should balance the…

Section 20 of the Road Traffic Offenders Act 1988 establishes a two-stage scheme for the admissibility of evidence from prescribed devices. First, a statutory…

For extradition under Part 1 of the Extradition Act 2003, the warrant must establish both that the person is accused of an offence and that surrender is sought…

At the GMC’s initial screening stage, the Registrar must decide whether an allegation, if established, is capable of supporting a finding that fitness to…

Under section 288 of the Town and Country Planning Act 1990, a planning decision may be quashed only if it was outside the statutory powers or if the claimant…

When deciding whether to extend an interim suspension order beyond its 18-month maximum, the court should assess the gravity of the allegations, the nature of…

Section 83 of the Nationality, Immigration and Asylum Act 2002 gives an asylum appeal only where leave exceeding one year was granted in response to, or after…

Immigration detention has no fixed maximum duration, but it is subject to an effective limit in each case. The longer detention continues, the greater the…

A fresh claim must be assessed using the two-stage approach identified in WM (DRC) v Secretary of State for the Home Department [2006] EWCA Civ 1495. The…

Permission for judicial review, and permission to amend, should be granted where the claimant’s arguments have reasonably arguable merit and raise serious…

A planning decision must address every principal controversial issue raised by the evidence. This includes a distinct issue concerning the development’s effect…

A planning condition restricting occupation is valid only if imposed for a proper planning purpose. A condition imposed solely to secure exemption from…

A substantive legitimate expectation claim arising from an alleged tax assurance depends on the true facts found by the court. It is not determined by asking…

A published six-month period for professional-services complaints is not an absolute statutory deadline where the scheme permits discretion. It must be applied…

In reviewing a planning inspector’s balancing exercise, the court should read the decision letter sensibly and avoid over-rigorous or over-sophisticated…

Extradition under the Extradition Act 2003 is incompatible with Article 6 where there is a real risk of a flagrant denial of justice in the requesting state. A…

In a complex development, the four-year enforcement period is determined by identifying the relevant operations. A holistic approach does not require every…

Permission for judicial review may exceptionally be set aside where, after hearing the defendant, the court would not have granted permission. The jurisdiction…

A certification application will be refused where the proposed question does not arise on the material facts found by the court. A later authority on Article 6…

On an application for judicial review of a refusal to treat further representations as a fresh Article 8 claim, the court’s role is supervisory. The question…

For the four-year limitation period under section 171B(2) of the Town and Country Planning Act 1990, the question is whether a building has in fact been used…

An European Arrest Warrant complies with section 2(4)(c) of the Extradition Act 2003 where, read as a whole and in its natural meaning, it gives sufficient…

A prisoner’s category D classification does not automatically entitle him to transfer to open conditions. Allocation depends on security needs and other…

For the vehicle-use exception in paragraph 11 of the Criminal Injuries Compensation Scheme 2001, the driver’s motive is not determinative. A vehicle may be…

Police disclosure of information held under common-law powers must satisfy administrative-law principles and Article 8 of the European Convention on Human…

Detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 is not unlawful merely because an appeal against refusal of leave to enter may be…

A legitimate expectation of consultation requires a clear promise or an established practice. It will not ordinarily be implied from planning documents which…

An inspector deciding a planning appeal must address the principal controversial issues and give reasons that enable the reader to understand the decision.…

A planning decision letter must be read fairly and as a whole. It is sufficient if an informed reader can understand the decision, the principal controversial…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court will not interfere with an inspector’s planning judgment unless the…

Costs in judicial review remain a matter for the court’s discretion. The general approach discussed in Bolton MDC v Secretary of State for the Environment does…

An inspector determining a planning appeal is not generally required to invent conditions to save an otherwise unacceptable proposal. However, where the…

A public authority which has made a clear representation about the terms of an integrated policy scheme must honour it unless departure is legally required or…

An appeal against removal under a European Arrest Warrant will fail where the appellant provides no material capable of establishing a real risk that return…

A previous planning appeal decision that is materially indistinguishable from the case before an inspector is a material consideration. The inspector must…

A magistrates’ court determining a civil appeal must base its decision on evidence obtained fairly and made available to all members of the tribunal. A private…

In an Article 2 inquest, the jury’s verdict may address the chain of events causally relevant to the death, including causative systemic failures. Article 2…

A local authority may reorganise or close social-care services, and may consider cost, integration and equality. Where closure is expressly linked to…

Section 136(1)(a) of the Licensing Act 2003 imposes liability on a person who actually carries on or attempts to carry on a licensable activity otherwise than…

Where a person is excluded from refugee protection because of a serious foreign criminal offence but cannot safely be removed, periodic discretionary leave may…

On an appeal to the Care Standards Tribunal against cancellation of care-home registration, the registered person bears the burden of establishing fitness…

Rule 43 of the Prison Rules 1999 distinguishes deprivation of possession from deprivation of ownership. Rule 43(5) permits confiscation of an unauthorised…

An appellate court should not substitute its own conclusions for a disciplinary tribunal’s findings of primary fact, particularly where credibility depends on…

Costs ordered against an unsuccessful private prosecutor may fall within Part II of Schedule 9 to the Administration of Justice Act 1970, rather than the…

Section 96 of the Nationality, Immigration and Asylum Act 2002 may apply to a fresh asylum or Article 3 claim. Certification is discretionary and requires a…

In a planning appeal conducted by written representations, fairness does not ordinarily impose a general duty on the appellant to disclose adverse factual…

A magistrates’ court may commit a council-tax debtor to prison only after strict compliance with the statutory safeguards. It must conduct a thorough inquiry…

In a planning challenge under section 288, the court reviews the legality of the decision rather than substituting its own planning judgment. A policy…

Permission for judicial review may be refused where the claimant has delayed and an adequate alternative remedy is available. Compliance with the three-month…

When imposing prosecution costs, the court must consider what the defendant can reasonably afford, having regard to the defendant’s means and other financial…

For a certificate of lawfulness concerning breach of a planning condition, the relevant breach must be subsisting when the application is made. A previous…

The statutory scheme requires definitive maps and statements to identify rights of way with accuracy justified by the available evidence. It does not impose a…

A decision-maker determining a public inquiry must approach an adjournment application by considering the applicant’s position personally, the preparation…

A planning permission must be construed as a whole, including documents expressly incorporated into it. Extrinsic material is admissible only where an…

An appeal by way of rehearing from a Fitness to Practise Panel requires the High Court to decide whether the Panel was wrong. It is broader than judicial…

For the purposes of section 85(3) of the Extradition Act 2003, deliberately absenting oneself from a jurisdiction is not, by itself, deliberately absenting…

In extradition proceedings, an abuse-of-process challenge requires the applicant to identify the alleged abuse specifically, show that it is capable of…

In assessing eligibility under the Highly Skilled Migrant Programme, the Secretary of State was entitled to evaluate independently whether claimed experience…

A court may extend custody time limits only where the statutory conditions are proved on the balance of probabilities. The prosecution must show good and…

A housing authority owing the full duty under Housing Act 1996, section 193 must provide accommodation that is suitable when offered and remains suitable.…

Under section 12(2)(a) of the Extradition Act 1989, the passage of time does not create an automatic bar to extradition. The claimant must identify how the…

When statutory wording disadvantages a tenant, the court may add, omit or substitute words only in a clear case of drafting error. The court must be abundantly…

Applications for football banning orders are civil proceedings. No criminal disclosure regime or general disclosure regime under the Civil Procedure Rules…

A decision confirming a compulsory purchase order is not unlawful merely because post-inquiry representations are not answered in express detail. The Secretary…

Procedural fairness in a prisoner’s security-categorisation review is context-sensitive. An oral hearing is not required in every case, but may be required…

A magistrates’ court enforcing a confiscation order must exercise its discretion judicially. It may impose a default term of imprisonment where the payment…

A warrant of arrest under section 83 of the Magistrates' Courts Act 1980 may be issued only to secure attendance for a purpose falling within section 82…

Planning policies must be construed objectively, with a broad and non-technical approach appropriate to their nature. The court retains ultimate responsibility…

Article 6 is not engaged where the statutory scheme, viewed as a whole, gives a public authority a broad discretion whether to grant financial assistance. A…

A professional disciplinary panel’s principal purpose is to preserve public confidence in the profession, rather than to punish criminal conduct. On a…

Where judicial review proceedings have become academic and the parties have settled the substantive dispute, the court may permit withdrawal and determine the…

The National Health Service Act 2006 does not empower the Secretary of State or primary care trusts to make direct cash payments in place of healthcare…

On an appeal concerning obligations under a non-derogating control order, the court must scrutinise intensely whether each challenged obligation is necessary…

Where a proposed foreign plea bargain is governed by procedures materially different from those in England and Wales, the foreign tribunal is ordinarily the…

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

In extradition proceedings, the court must assess whether return would be unjust or oppressive by considering all the circumstances. Under Extradition Act…

For a fresh claim under paragraph 353 of the Immigration Rules, the question is whether the further material is significantly different and creates a realistic…

A control-order decision is flawed where ministerial material creates a materially erroneous impression about a factor critical to the decision, unless the…

Section 33(4) of the Railways and Transport Safety Act 2003 states funding aims for police services agreements. It does not, without clear words, override…

In Green Belt planning cases, the question is whether proposed development is inappropriate under the applicable policy. Inappropriate development is…

A judicial review claim concerning deportation should generally not proceed where the claimant has an effective statutory appeal addressing the same issue. The…

A planning condition controlling the number and type of caravans on a permitted gypsy site does not grant permission for a substantially different development…

A defendant’s costs order should normally be made following acquittal unless positive reasons justify refusal. A defendant’s conduct may provide such a reason…

For paragraph 353 of the Immigration Rules, the question is whether further representations create a realistic prospect that an immigration tribunal would…

Permission to apply for judicial review may be granted on a limited ground where the claimant shows an arguable public law complaint, even though alternative…

In proceedings for an anti-social behaviour order, evidence of conduct after the complaint is capable of being relevant to whether the defendant acted…

When a closure-order extension is sought, the Anti-Social Behaviour Act 2003 does not displace the ordinary summons and service requirements governing…

Disciplinary proceedings leading to dismissal and a statutory referral concerning suitability to work with children may constitute one process for Article 6…

A person arrested on suspicion of drink-driving must be permitted to consult a solicitor as soon as practicable. That obligation does not generally require the…

Under section 25 of the Extradition Act 2003, the question is whether extradition would be oppressive, rather than merely unjust. Unchallenged psychiatric…

A planning permission notice must contain a summary of the positive reasons for granting permission, together with the relevant development-plan policies, as…

Temporary admission under paragraph 21 of Schedule 2 to the Immigration Act 1971 is governed by section 67 of the Nationality, Immigration and Asylum Act 2002.…

The classification of material as waste depends on all the circumstances, viewed in light of the objectives of the Waste Framework Directive. The holder’s…

Regulation B7(7) of the Police Pensions Regulations 1987 imposes an implied duty on the Government Actuary to prepare, review and revise commutation tables…

A local authority assessing charges for community care services must first assess the disabled person’s eligible needs and the services required, and then…

A local authority may investigate alleged offences outside its area, but its authority to prosecute such offences must arise from statute. It may rely on…

Compensation under section 133 of the Criminal Justice Act 1988 is confined to clear cases in which new or newly discovered facts establish beyond reasonable…

Section 16 of the Road Traffic Offenders Act 1988 provides a permissive route for proving alcohol analysis by certificate. It does not create an exhaustive…

National policy supporting a development does not itself authorise the development or override other material considerations. A planning decision-maker must…

Different treatment of prisoners transferred to psychiatric hospitals and patients detained under hospital orders is not inherently discriminatory. The…

The exercise of discretion to register a minor as a British citizen may take account of the citizenship or prospective citizenship of the minor’s parents. That…

Judicial review of an expert body’s evidence-based clinical guideline requires proof of irrationality, not merely disagreement with the evidence, the weight…

A local housing authority may override medical priority under its allocation scheme where the applicant’s behaviour is sufficiently serious to make him…

A family concession policy directed at families seeking asylum and persons not entitled to remain does not ordinarily apply to a person whose family…

For the purposes of section 4 of the Vagrancy Act 1824, “enclosed area” must be construed in its statutory context and with regard to the penal character of…

Before deciding whether to conduct a fact-finding hearing or a trial in a criminal case involving possible mental disorder, the magistrates’ court must have…

An inspector’s decision letter must explain the conclusions reached on the principal important controversial issues, but need not address every argument or…

An appeal from a specialist educational-needs tribunal is concerned with errors of law, not a rehearing of the evidence. A tribunal must give sufficient…

A binding over order after acquittal is exceptional. The court must be satisfied beyond reasonable doubt that a breach of the peace involving violence, an…

A professional regulator may proceed with a disciplinary hearing in a registrant’s absence where its service rules are satisfied. That discretion must…

When asked to extend an interim suspension order, the court must scrutinise delay and the regulator’s progress towards the substantive hearing. A history of…

Under section 64 of the Magistrates' Courts Act 1980, costs in magistrates' court proceedings are discretionary. The court may consider whether a public…

When a public path creation order is made under Highways Act 1980, the statutory tests of need and expediency must be applied to the proposed path as precisely…

Delay in determining an immigration or asylum-related application is not unlawful merely because it is lengthy. The court must assess whether the delay results…

A sewerage undertaker may review and withdraw a decision accepting a statutory duty to provide a public sewer. Withdrawal is lawful only where the earlier…

A prospective purchaser exercising the right to buy council property must satisfy himself that the council’s valuation reflects the true market value. An…

Applications intended to engage the statutory exceptions preserving mechanically propelled vehicle rights must comply strictly with the applicable…

A public authority must consciously address its statutory equality duties before making a relevant decision. Due regard is context-sensitive and requires…

An asylum application is ordinarily determined by reference to the policy in force when it is decided, rather than when it was made. That principle does not…

On an appeal from a professional disciplinary tribunal, the court should not conduct a fresh fact-finding exercise. It should interfere only for material error…

Immigration Rules must be construed sensibly according to the natural meaning of their language, rather than with the strictness applicable to statutes.…

Section 146(6)(a) does not prevent the Pensions Ombudsman investigating a complaint merely because an Employment Tribunal has considered a related factual…

The statutory expression parish affairs is not confined to matters arising from the specific statutory functions of a parish council. It covers public matters…

A solicitor must not act where the solicitor’s interests conflict, or significantly risk conflicting, with those of a client. Independent legal advice is…

A local authority assessing whether a child is in need must make proper inquiries into the circumstances bearing on the statutory criteria. It must not rely on…

A prosecutor has no presumptive entitlement to substitute a lesser charge after proceedings have begun. The magistrates’ court retains a discretion to refuse…

For judicial review purposes, a deficient core assessment may be remedied where the local authority’s subsequent conduct, considered holistically, properly…

Article 2 requires an effective investigation, but it imposes an obligation of means rather than a guaranteed result. Traditional short-form coronial verdicts…

A requirement under section 172(2)(b) of the Road Traffic Act 1988 served on a driver is separate from a requirement under section 172(2)(a) served on the…

A decision not to prosecute and the associated decision to administer a conditional caution may constitute one composite decision. If the prosecution decision…

A planning authority must identify and properly expose all material considerations for its members’ consideration. It is not enough for an officer to treat a…

At an independent examination of development plan documents, there is no presumption that the submitted plan is sound. The inspector must assess soundness…

Where a local authority has assessed an eligible need, it must meet that need. Resource constraints cannot justify failing to do so. Where the underlying need…

A defendant’s costs order should normally be made where criminal proceedings are not proceeded with, unless there is a positive reason to refuse it. A…

Being drunk and disorderly under Criminal Justice Act 1967, section 91(1), requires proof that the defendant was drunk, was in a public place, and was guilty…

Temporary planning permission under paragraph 45 of ODPM Circular 01/2006 requires consideration of three matters: unmet need, absence of available alternative…

For an extradition warrant to comply with section 2(4)(c) of the Extradition Act 2003, it must give sufficient information to identify what the requested…

On an appeal under the Extradition Act 2003, fresh evidence must satisfy the statutory requirements that it was unavailable at the extradition hearing and…

Under section 92(5) of the Trade Marks Act 1994, a defendant must establish both an honest belief that goods are genuine and objectively reasonable grounds for…

In managing a judicial review application, the court may direct disclosure and evidence necessary for the fair determination of the issues, while refusing…

A local authority conducting a community care assessment must have due regard to the disability equality duties in section 49A of the Disability Discrimination…

On a reference under section 29 of the NHS Reform and Healthcare Professions Act 2002, a sanction is unduly lenient only where the disciplinary tribunal could…

An application to admit a tax appeal out of time engages a discretionary balancing exercise. The applicant must address both the existence of a reasonable…

Costs are assessed by reference to the work reasonably required and the issues for which a party’s attendance was justified. A party may recover costs for a…

The court may grant a requested extension in a serious professional disciplinary matter after reviewing the papers, even where the respondent is abroad, absent…

Where permitted development rights depend on a volume threshold, the relevant question is the volume of the housing comprising the particular development…

The wine-regulation regime must be read as a whole. A product outside the substantive definition of wine may nevertheless fall within the regime where its…

Permanent exclusion proceedings before a school appeal panel do not ordinarily involve the determination of civil rights or a criminal charge for the purposes…

A local authority may use compulsory purchase powers under Town and Country Planning Act 1990, section 226, where the statutory development and well-being…

Planning policies may establish a hierarchy requiring decision-makers to consider on-site housing, off-site housing, alternative uses and, finally, a financial…

On a review of conditional registration, a Fitness to Practise Panel may consider both whether conditions have been breached and whether the practitioner’s…

An appeal on a case stated must identify clear points of law. Findings of fact made by the Crown Court cannot ordinarily be challenged in the Divisional Court.…

Under Class 13 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, an alteration is material if it is capable of affecting…

A statutory recovery scheme for social security overpayments does not, by necessary implication, exclude common-law restitution. Section 71 of the Social…

A court reviewing an inspector’s statutory decision may intervene for material legal error, including reliance on no evidence, an irrational conclusion…

On an appeal by way of case stated, the High Court is confined to the facts contained in the stated case. It cannot receive additional evidence, unless the…

For a dwelling to be job-related under paragraph 1(1)(a) of the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003, it must be necessary…

Technical non-compliance with mechanical requirements under Part I of the Extradition Act 2003 does not automatically require discharge or dismissal. Where…

Dublin II governs obligations between Member States and does not confer enforceable rights on individual asylum seekers in respect of the transfer time limits.…

Time limits for seeking reconsideration of an asylum appeal must be applied consistently with the statutory scheme’s requirements of fairness, speed and…

When a local planning authority grants permission, Article 22 requires the decision notice to contain a summary of the authority’s reasons for the grant. The…

Article 1 of the European Convention on Human Rights is primarily territorial. Extraterritorial jurisdiction is exceptional and requires special justification.…

Consultation on a staged government policy is lawful if consultees are told clearly what is proposed, why it is under consideration, and are given sufficient…

An operating schedule accompanying a premises-licence application need only state the steps which the applicant proposes to take to promote the licensing…

Part VI of the Housing Act 1996 gives local housing authorities a wide discretion when allocating accommodation, subject to ordinary public law duties and…

A liability order for council tax may be challenged by judicial review against the billing authority where the authority caused the magistrates’ court to act…

In an Article 8 case, the question is whether removal would cause an interference sufficiently grave to engage the Convention, followed by a substantive…

Evidence that a person entrusted with property would not have given or sold it away may be admissible factual evidence, even when expressed partly as an…

Before committing a person to prison for fine default, a magistrates’ court must be satisfied to the criminal standard that the default resulted from wilful…

Where a sentencing court gives an indication sufficiently clear to create a legitimate expectation, it should ordinarily act consistently with that indication.…

An appellate tribunal must decide the case presented by the parties. It should not determine liability on a materially different basis without giving the…

University regulations governing progression and withdrawal are matters of legal construction for the court. An examination body must operate within the…

For environmental impact assessment purposes, a change or extension to an existing project must be considered in the context of the development as a whole. It…

An interim suspension of a doctor may properly be extended where the doctor faces serious criminal charges abroad, remains in custody there, and is awaiting…

The Criminal Cases Review Commission’s decision whether to refer a conviction is a judgment entrusted to the Commission. Under section 13 of the Criminal…

Fairness normally requires NICE to disclose the fully executable economic model and underlying data used in a technology appraisal. Exceptionally, NICE may…

On an appeal under section 29(4) of the Extradition Act 2003, evidence is unavailable at the extradition hearing only if it did not then exist, or was neither…

A disciplinary tribunal may use its clerk for administrative assistance, including recording deliberations and preparing draft findings, provided that the…

Where a person has been unlawfully removed, the court may order the Secretary of State to use best endeavours to secure return to the United Kingdom. The…

Where the Home Secretary’s extreme and unexplained delay causes an asylum seeker to lose the benefit of a more favourable policy, delay may amount to an…

When assessing further asylum or human-rights submissions under paragraph 353 of the Immigration Rules, the Secretary of State must ask whether an independent…

Under PPG2, inappropriate development in the green belt is harmful by definition. Very special circumstances require a qualitative planning judgment whether…

In professional disciplinary proceedings, the criminal law governing submissions of no case to answer applies where the governing rules require the criminal…

Adverse possession cannot extinguish a public right of way or confer possessory title to a highway where the acts relied on would necessarily constitute…

A highway created under statutory powers does not require public use or acceptance unless the statute makes that a condition. Where legislation authorises a…

A statutory appeal period is mandatory where the legislation fixes a period and provides no power to extend it. The absence of an express extension provision…

Compensation for property taken by the state may be assessed by an independent valuer on statutory assumptions, provided the resulting valuation is fair in all…

A woodland tree preservation order under the Town and Country Planning Act 1990 protects trees of any size, including saplings. It also extends to trees which…

Parliament created two separate statutory routes for establishing an Academy: a funding agreement under Education Act 1996, section 482, and a competition…

An appeal from a professional disciplinary sanction is by way of rehearing, but the court must give appropriate weight to the specialist tribunal’s decision.…

The Parole Board may generally receive and act upon hearsay evidence when assessing risk. However, fairness may require an offender to have an opportunity to…

An out-of-time notice of appeal does not institute an appeal for the purposes of the statutory prohibition on removal. The appeal remains inchoate unless and…

In reviewing a control order, the court must itself decide whether the evidence establishes reasonable grounds for suspicion. The necessity and proportionality…

Where the Office of Fair Trading adopts decisions concerning cases potentially transferable to OFCOM, it acts unlawfully if it fails to invite OFCOM to…

Under section 215 of the Town and Country Planning Act 1990, the land identified in the notice must be the same land whose condition adversely affects amenity…

For the purposes of a local authority code of conduct, “official capacity” is determined by applying the statutory and code language to the facts. The inquiry…

Section 9 of the Education Act 1996 requires decision-makers to have regard to parental preference, but does not require them to give effect to it. The…

For the purposes of the Road Traffic Act 1988, whether a place is a road depends on its legal status, physical character and public accessibility. The question…

Judicial review is not an alternative route for challenging a valuation tribunal’s factual assessment. Where a statutory appeal is available on a point of law…

An inspector is ordinarily required to determine the planning proposal advanced by the applicant. The inspector need not formulate and consider an alternative…

A closure order under section 2 of the Anti-social Behaviour Act 2003 may be made despite a temporary cessation of disorder or serious nuisance after service…

For the purposes of the street-trading provisions, an area may be a street if the public has the ability or right to enter it without payment. Actual use by…

Where development is commenced in breach of a planning condition, the commencement may nevertheless become lawful when the period for enforcement expires. The…

Where planning operations were carried out in breach of condition, they may nevertheless become lawful when the period for enforcement expires. The operations…

Compensation under section 133(1) of the Criminal Justice Act 1988 requires both a qualifying new or newly discovered fact and a miscarriage of justice proved…

A claim to public interest immunity concerning evidence of alleged torture or other serious criminal misconduct by state officials is not subject to an…

For dual criminality under section 137(2)(b) of the Extradition Act 2003, the foreign offence need not correspond exactly with an English offence. The question…

For the purposes of the Hunting Act 2004, hunting a wild mammal requires an identified quarry. Mere searching for an unidentified mammal is outside section 1…

Judicial review is not the appropriate method for challenging decisions made by judges where statutory appeal routes exist. It is also a discretionary remedy…

Procedural fairness requires a public authority deciding an application to identify and communicate the criteria it will apply, where those criteria materially…

Section 226 of the Town and Country Planning Act 1990 permits compulsory acquisition only where the purpose is to facilitate development on or in relation to…

Disciplinary proceedings before a professional tribunal are not barred by autrefois acquit merely because the same conduct formed part of a criminal trial…

Where a planning enforcement appeal is remitted after an error of law, the statutory requirement for a rehearing and determination does not invariably require…

A probationary constable may be dismissed under Regulation 13 of the Police Regulations 2003 even where the conduct could also constitute misconduct. The…

A renewed application for permission to apply for judicial review should be filed promptly and, in any event, within three months after the grounds arose. An…

Under PPG2, the references to an existing dwelling and to the original building address different matters. The former concerns the structure being extended or…

Article 6 may apply to prison disciplinary proceedings even where no additional days can be imposed. The nature of the offence is a free-standing criterion…

Where planning policy requires a developer to demonstrate that employment land is unsuitable or non-viable before redevelopment for other purposes, the…

A local authority exercising a statutory discretion to make residence order allowances must consider each application on its individual merits. A policy that…

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

A constable may enter premises without consent under section 17(1)(e) of the Police and Criminal Evidence Act 1984 where he reasonably believes that entry is…

Paragraph 353 of the Immigration Rules imposes a modest threshold for a fresh claim. The decision-maker must consider new material with the material previously…

An accusation European Arrest Warrant is valid if it provides sufficient particulars of the alleged conduct, time, place and applicable law. An erroneous…

A prosecutor applying the evidential stage of the Code for Crown Prosecutors must assess the substantive merits of the evidence, including the likely defence…

An inspector determining a gypsy-site planning appeal must identify and accurately apply the relevant development-plan policies. A failure to explain why a…

An application under Town and Country Planning Act 1990, section 73A, is a conventional planning application for retrospective permission on different terms.…

A mistake of fact may amount to an error of law where it causes unfairness. The requirements include an existing fact or available evidence, an objectively…

Under Part 1 of the Extradition Act 2003, the nature of a European arrest warrant is determined by the statements and information required by section 2. A…

The expression “injury received in the execution of duty” requires a benevolent and practical application. It is wider than active operational policing and may…

A vehicle is “used for ambulance purposes” if it is used, or primarily used, for conveying sick, injured or disabled persons. The question is one of fact and…

On a challenge under Town and Country Planning Act 1990, the court reviews legality, not the planning merits. Whether a matter is material is a question of…

A screening opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 must address the proposed…

For the purposes of Housing Act 1996, a person’s status as homeless under Part 7 is distinct from entitlement to assistance or accommodation under that Part. A…

An application for variation of immigration leave is invalid where the prescribed form requirements are not met and the safeguards in regulation 17(1) of the…

Under Part 2 of the Extradition Act 2003, the Secretary of State has no residual health discretion once a case has been sent to her. She must order extradition…

The forfeiture power under section 58(2) of the Political Parties, Elections and Referendums Act 2000 does not create a presumption that an impermissible…

An inquest investigating a death in custody must properly examine circumstances that may have materially contributed to the death. Where the inquest treats the…

A court deciding a case must make findings of fact from the evidence adduced before it. It is not ordinarily the court’s function to investigate events…

Judicial review is an inappropriate vehicle for obtaining an advisory ruling on the limits of a non-statutory, non-binding guidance note where the wording is…

A relationship outside marriage does not automatically acquire the status of a relationship akin to marriage merely because the parties have cohabited or…

Under section 20 of the Children Act 1989, accommodation for a child in need must be suitable, including sufficiently secure for the likely duration.…

In assessing industrial injuries disablement benefit, an accident which accelerates the onset of disability may remain causative during the period by which the…

For a ground (d) appeal against an enforcement notice, the relevant question is whether the alleged breach had become immune from enforcement by the statutory…

An anti-social behaviour order may be made only where it is necessary. The court must consider whether existing criminal sentences, supervision or other…

Permission for judicial review should be granted where an immigration decision relies on a domestic provision that unlawfully fails to implement directly…

Third-country nationals cannot rely on the freedom to provide services under Article 49 EC as posted workers unless the relevant conditions concerning lawful…

A substantive legitimate expectation requires a representation by a public authority that is clear, unambiguous and devoid of relevant qualification. In…

A consent order disposing of a judicial review claim, including an order for costs determined on written submissions, is a final order. The Administrative…

A statutory power to require production of driving documents is limited by the purpose for which Parliament conferred it. A driver commits no offence where a…

Costs in civil forfeiture proceedings are discretionary and must be awarded according to what is just and reasonable. Where an applicant successfully resists…

The OFT may close an investigation into suspected competition infringements on administrative-priority grounds, including after investigative steps have begun…

A Control Order may lawfully be imposed after a successful terrorism-related prosecution where the Secretary of State reasonably suspects further…

The Pensions Ombudsman’s discretion to investigate a complaint must be exercised on the basis of the complaint actually advanced. A complaint is not barred…

Under section 82 of the Extradition Act 2003, passage of time bars extradition only where returning the person would be unjust or oppressive. Risk of prejudice…

In a common-enterprise case, liability does not require foresight of the precise events or weapon used. It is sufficient that the defendant intended or foresaw…

For deemed advertisement consent, the relevant site is a question of fact. Land is not used for displaying an advertisement merely because an advertisement…

An Article 2 investigation must be independent, effective, reasonably prompt, sufficiently open to public scrutiny and involve the injured person to the…

On a statutory appeal from a professional disciplinary decision, the High Court must correct material errors of fact or law but accord substantial respect to…

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

Where one joint tenant validly serves notice to quit, the tenancy is determined and the remaining occupier has no contractual or statutory security of tenure…

An application for a closure order under section 2 of the Anti-social Behaviour Act 2003 may constitute proceedings brought by complaint, even though the Act…

Planning permission may lawfully defer detailed landscaping and mitigation measures where the relevant policy has been considered and enforceable conditions…

In a statutory challenge to a definitive map decision, an inspector may assess documentary and user evidence cumulatively. Individual items need not…

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

A decision by the police to end an investigation and take no further action is amenable to judicial review only on established public-law grounds. In deciding…

Where unchallenged evidence permits a straightforward inference that property seized from an accused was the property later positively identified by its owner…

An order permitting a non-party to inspect documents in a court file may be made where the documents were deployed in open court and are likely to be relevant…

Immigration detention pending deportation is lawful only while deportation remains realistically achievable within a reasonable period and the Secretary of…

When deciding whether previously concluded Financial Ombudsman Service proceedings may be reopened because of material new evidence, the relevant question is…

In disciplinary proceedings involving solicitor dishonesty, striking off is not an automatic or normative rule. The tribunal must decide whether it is…

An existing award of Invalid Care Allowance creates a continuing entitlement, subject to any statutory inhibition on payment. When an overlapping benefit…

Permission for judicial review should be granted where the claimant’s case appears problematic but cannot be said at the permission stage to be bound to fail.…

Judicial review of a County Court decision is reserved for truly exceptional cases. A decision that is wrong in law, fact, or both does not ordinarily justify…

The Boundary Committee may stage its consultation on statutory criteria, including affordability, provided that consultees later receive sufficient information…

Where Parliament has provided a statutory route for reviewing an asylum tribunal’s alleged error of law, judicial review is ordinarily unavailable where the…

Article 6 of the European Convention on Human Rights does not generally apply to asylum claims. The Qualification Directive does not alter that position or…