High Court: Administrative Court judgments, 2010

A minister exercising a broad statutory power to regulate minimum remuneration in a social and economic context is entitled to balance competing…

In extradition proceedings, bail should be refused where there is a substantial ground for believing that the person would fail to surrender. The court must…

An unaccompanied minor without a family member legally present in a Member State is liable under Article 6 of Dublin II to removal to the Member State where…

A decision of the Upper Tribunal refusing permission to appeal from the First-tier Tribunal is amenable to judicial review only on the two restricted grounds…

A local authority setting fees for contracted residential care must act within its statutory discretion and comply with applicable guidance. It may consider…

On an appeal under section 289 of the Town and Country Planning Act 1990, an enforcement notice may be varied by deleting part of an allegation. Whether that…

On an appeal under Town and Country Planning Act 1990, the court reviews a planning decision only on ordinary public law grounds. An emerging development-plan…

Open justice in criminal proceedings ordinarily requires public hearings, public communication of evidence given orally, and freedom to publish fair and…

A tender criterion awarding maximum points for on-site supervision throughout office hours was not shown to cause indirect sex discrimination. The evidence did…

Further submissions amount to a fresh claim under paragraph 353 of the Immigration Rules only where they are significantly different and, taken with earlier…

The investigative obligation under article 3 of the European Convention on Human Rights is fact-sensitive. It may extend beyond identifying individual…

In an outline planning permission, Scale and Appearance are distinct matters. Scale concerns the height, width and length of a proposed building in relation to…

On an extradition appeal, the appellant bears the burden of showing a causal link between the proposed extradition and a risk of discriminatory punishment…

For extradition appeals, filing a notice of appeal within time seises the Administrative Court, even where service has not complied with the strict procedural…

In extradition proceedings, prison conditions in a Convention category 1 state cannot in principle establish a breach of Articles 2 or 3, subject only to…

A statutory adjudication procedure imposed on a public body remains subject to judicial review for error of law, notwithstanding contractual terms making the…

Immigration Rules cannot lawfully incorporate substantive limits by reference to guidance or a website which the Secretary of State may later change without…

An injunction backed by a penal notice must be expressed with sufficient clarity for those bound by it to understand what conduct is prohibited. Any genuine…

In reviewing a planning decision, the court determines whether relevant considerations were taken into account and whether the decision was irrational. The…

Under the prior-approval regime in Part 24 of the Town and Country Planning (General Permitted Development) Order 1995, the 56-day period begins only when a…

When deciding whether further submissions amount to a fresh claim under paragraph 353 of the Immigration Rules, the Secretary of State must consider whether…

In judicial review proceedings, the court may stay the effect of an administrative decision or policy pending determination of the challenge. The decision…

Where domestic legislation does not fully transpose an environmental assessment directive, the decision-maker must still consider and apply the directive where…

An error in a subsidy application may be an obvious error even though it is not apparent on the face of the form. The question depends on the whole context…

For extradition to a Category 1 territory to be refused on prison-condition grounds under Article 3, the evidence must establish a real risk of inhuman or…

A conviction must be quashed where, following a material error of law, the appellate court cannot be sure that the defendant would have been convicted had the…

At the permission stage of judicial review, a claimant need only show an arguable case on the construction of a planning obligation. That low threshold may be…

A statutory due-diligence defence requires proof of both all reasonable precautions and all due diligence. The requirements are cumulative, although they may…

A contracting authority must apply tender criteria objectively and uniformly. Equal treatment requires unlike cases to be treated differently, so a failure to…

In extradition proceedings, bail may be refused only where there are substantial grounds for believing that the defendant will fail to attend required hearings…

When extending an interim suspension order, the court must decide what period is necessary and proportionate in light of the statutory purpose and the…

On an application to extend an interim regulatory order, the court is the primary decision-maker. It must balance public protection, the public interest and…

Where an inspector is requested to inspect an appeal site, the inspection requirement is mandatory unless the hearing is adjourned to the site and genuinely…

For the purposes of an appeal under regulation 26(3) of the Immigration (European Economic Area) Regulations 2006, a person claiming to be the spouse of an EEA…

A substantial and unjustifiable delay in referring or processing an indeterminate sentence prisoner’s case may breach Article 5(4), even though the detention…

A consultation undertaken without a statutory duty must nevertheless be proper and vigorous. Its required scope depends on the decision actually under…

Under section 85(8) of the Extradition Act 2003, extradition cannot proceed where the court is unable to be sure that a person convicted in absentia will have…

For a planning permission to be lawfully implemented, operations must comply with the permission and its conditions. A condition requiring approval before…

Article 8 may be engaged where an inquest publicly identifies an individual and gives reasons for an unlawful-killing verdict. Any interference must be lawful…

Under the Land Registration Act 2002, the registrar may adopt a cautious policy when an application for absolute title rests on adverse possession and the…

Section 20(1)(c) of the Children Act 1989 requires a local authority to make an evaluative judgment whether a child appears to require accommodation as a…

A parliamentary election court is a tribunal of limited jurisdiction and is amenable to judicial review for errors of law, although its findings of fact are…

Under paragraph 353 of the Immigration Rules, further submissions must first be assessed to determine whether they are significantly different from material…

Judicial review may challenge a local planning authority’s decision to take enforcement action where the complaint concerns residual public-law grounds outside…

Under section 180 of the Town and Country Planning Act 1990, a later planning permission cancels an enforcement notice only to the extent of inconsistency. The…

The procedural obligation under Article 3 of the European Convention on Human Rights is fact-sensitive and pragmatic. It may be satisfied by existing…

An appeal concerning a European Arrest Warrant cannot be entertained where it has not been served in accordance with the applicable procedural requirements and…

A detainee applying for accommodation under section 4(1)(c) of the Immigration and Asylum Act 1999 is entitled to a fair procedure. Where the Secretary of…

An officer acts in the execution of duty until the officer actually acts unlawfully. Conduct which is lawful in itself is not retrospectively rendered unlawful…

Under section 14 of the Extradition Act 2003, hardship caused by extradition will not bar extradition unless the passage of time makes extradition unjust or…

Abuse of process in extradition proceedings exists but must be exercised with considerable care and caution. Sequential European Arrest Warrants do not…

For statutory extradition appeals, time runs from delivery of a communication informing the person, or a solicitor entitled to receive it, of the Secretary of…

Where primary legislation restricts imports to protect human health, the national legislature enjoys a broad margin of discretion. The court asks whether the…

An ex gratia compensation scheme funded from public resources may require an applicant to prove, on the balance of probabilities, that an unusually unlikely…

The costs of an application to sue a former court-appointed receiver for conduct in that capacity may constitute costs of the receivership, even where the…

Under section 26(4) of the Extradition Act 2003, an appeal against an extradition order must be both filed and served within the statutory period. The court…

Planning decision letters must give intelligible and adequate reasons. They must enable the reader to understand how the principal important controversial…

A European Arrest Warrant must contain particulars of the sentence which may actually be imposed for the alleged offence. It is insufficient to state merely…

Rule 17 of the Coroners Rules 1984 permits exclusion of the wider public from an inquest, or part of it, in the interests of national security. It does not…

The passenger exemption in Article 12 of the City of Westminster Traffic Management Order 2002 is not confined to the period after a passenger has physically…

Where a Member State decides whether to impose export restrictions in a field closely regulated by European Union law, it is implementing Union law and must…

A substantially published ministerial policy must be construed as a whole, including relevant unpublished operational guidance. A person outside the United…

An interim suspension order may be extended where continuation remains necessary for public protection and in the public interest. The court should also…

Permission to challenge a local authority age assessment should be granted only where there is a realistic prospect that the court, at a substantive…

A public procurement criterion is not irrational merely because it favours organisations with particular experience, including experience acquired through…

A local authority may use a Resource Allocation System to produce an indicative personal budget, including one based on relative need and average costs. The…

On an appeal against a professional regulator’s sanction, the court must respect the specialist panel’s assessment but may substitute its own judgment where…

For liability to non-domestic rates, the ratepayer must be in rateable occupation of the hereditament identified in the rating list. Where the list identifies…

An appeal under section 26 of the Extradition Act 2003 is valid only if the appellant’s notice is filed and served within the prescribed seven-day period. The…

An appeal against an extradition order must be notified and served within the statutory seven-day period. Failure to serve the prosecuting authority within…

The composition requirements for foundation governors must be construed according to the natural meaning of the governing regulations and the school’s…

In extradition proceedings, interference with family life under Article 8 will ordinarily be inherent in extradition. The interference is disproportionate only…

A prosecutor may change the prosecution decision, even after taking a wrong view of the law. But continuation of proceedings may be an abuse of process where…

When reviewing a magistrates’ refusal to adjourn a criminal trial, the court must apply the stringent test of whether the decision was so unreasonable that no…

For a conviction warrant under Extradition Act 2003, the warrant must accurately reflect the substance of the requested person’s legal position, not merely…

A professional body performing disciplinary functions with a significant public element may be amenable to judicial review, even where its powers also have a…

For police injury awards, an injury which accelerates the onset of a permanent disabling condition is not automatically outside the statutory scheme. The…

Procedural fairness requiring access to documentary evidence does not ordinarily require the recipient to receive and retain a permanent copy. Access is…

Permission to amend judicial-review grounds should be refused where the proposed challenge would have no realistic prospect of success. A decision to maintain…

Under the Extradition Act 2003, the court has an implied abuse-of-process jurisdiction to protect the integrity of the extradition regime. A previous refusal…

For judicial review of a certification that an asylum claim is clearly unfounded, the court assesses the lawfulness and rationality of the decision on the…

In planning law, informal statements or past inaction by a local planning authority do not determine whether a use is lawful and cannot prevent later…

For farm diversification purposes, whether a development is subsidiary to a farm enterprise depends on the evidence and the policy issues raised at the…

A coroner has no general duty to disclose a post-mortem or other report before an inquest without an application, and no absolute duty to disclose where there…

An IPCC may reconsider a recommendation or opinion about misconduct proceedings after representations from the police, complainant or officer. Such…

A devolved authority may prohibit a harmful activity to promote animal welfare where the enabling legislation supports that purpose and the measure is…

Section 21(1)(a) of the National Assistance Act 1948 requires a sequential analysis. The applicant must first need care and attention arising from age…

A refusal notice under the immigration notice regulations is not invalid merely because a computer-generated notice sent by post bears no facsimile signature.…

A local authority’s statutory duty to meet a disabled child’s needs remains a matter for the authority’s judgment. The Administrative Court reviews that…

Whether an advertisement on a vehicle falls within the Class B exemption is a question of fact and degree. The court must assess the vehicle’s use objectively…

The withdrawal of a public immigration concession may be unlawful where persons had already accrued the qualifying conditions before withdrawal and were given…

For a conviction-based European arrest warrant, Extradition Act 2003, section 2(6)(b), requires sufficient particulars of the conviction, but does not impose…

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

Impaired fitness to practise is assessed by reference not only to clinical risk to patients, but also to the protection of patients, the maintenance of proper…

A statutory power to revoke a regional planning strategy cannot ordinarily be used to abolish the statutory regional-planning tier altogether. The power must…

A professional regulator’s registrar is subject to an implied obligation to decide whether to refer a fitness-to-practise allegation within a reasonable time.…

A statutory barring scheme may engage Articles 6 and 8 of the Convention where listing substantially affects a person’s employment, reputation or private life.…

Immigration detention remains lawful only while it genuinely serves the purpose of removal. The Secretary of State must act with reasonable diligence and…

The General Medical Council’s Fitness to Practise Rules require the Registrar, after initial screening, to refer an allegation within section 35C(2) of the…

A local authority is not required to accept a Local Government Ombudsman recommendation merely because the Ombudsman has made it. The recommendation is not…

A case stated appeal is confined by the questions stated and the factual foundation supplied by the lower court. The High Court will not determine an…

Interim relief is determined under the American Cyanamid principles, modified where appropriate by the public interest. The court may decide the application…

The prohibition on selling tobacco to persons under 18 applies to sales made through automatic vending machines. The seller may be a corporate body, and a…

On an appeal under section 26 of the Extradition Act 2003, issues not raised before the magistrates’ court should not ordinarily be entertained unless the…

A judicial review claim may be dismissed as academic where the defendant has provided the substantive relief sought and gives an undertaking addressing any…

A non-national’s previous visas and admissions do not, without an express assurance or prior substantive consideration of exclusion, create a legitimate…

In a challenge to a refusal to treat further submissions as a fresh claim, the court must form its own view of whether the material gives an immigration judge…

A certification under Nationality, Immigration and Asylum Act 2002, section 94, is unlawful if the decision-maker applies the wrong legal test or reaches an…

Permission to pursue a claim against a court-appointed receiver is discretionary. It should be granted only where the proposed claim is genuine and the…

Documents disclosed in ancillary relief proceedings are subject to an implied obligation of non-disclosure. At the material time, onward disclosure to a third…

Where a confiscation-order debtor obtains a certificate of inadequacy after committal proceedings, the materially changed circumstances may require the…

In extradition proceedings, a requested person must provide evidence of exceptional circumstances particular to him and the institution in which he would be…

Section 139(1) of the Customs and Excise Management Act 1979 authorises detention where there are reasonable grounds for suspecting that duty may not have been…

An overstayer who applies for leave to remain after existing leave has expired has no statutory right of appeal against refusal of that application. The…

A statutory appeal may be dismissed where the appellant deliberately chooses not to attend or otherwise prosecute it, particularly where the court has already…

For council tax liability, a tribunal need not use the word licensee if its findings necessarily establish occupation under a licence. A finding that a…

In extradition proceedings, an Article 3 bar requires proof of a real risk of relevant ill-treatment. Where the risk comes from private persons, the requested…

A statutory power to review one renewable-energy support band may be exercised without reopening every band, but it remains subject to the obligation to treat…

Permission to apply for judicial review requires an arguable case warranting full investigation. Confidential financial information supporting a planning…

On judicial review of a youth court’s venue decision, the question is whether the decision was manifestly wrong, not whether the reviewing court would have…

A tribunal considering summary dismissal must clearly notify the appellant that it is minded to dismiss the appeal summarily. The notice must explain the…

Where the Immigration Rules prescribe mandatory requirements for an application, failure to comply makes the application invalid unless the Secretary of State…

Detention under section 36(1) of the UK Borders Act 2007 cannot run in parallel with imprisonment under a custodial sentence. The power arises only when the…

A Parole Board must apply the statutory release test, but no particular formula is required. Its reasons need explain clearly why release was refused; they…

For a post-conviction European arrest warrant, section 2 of the Extradition Act 2003 does not require an express statement that the person is unlawfully at…

A primary care trust must determine eligibility for NHS continuing healthcare by reference to assessed clinical needs and the statutory and policy framework.…

Where an applicant is already an unlawful overstayer, the Secretary of State’s failure to make a removal decision at the same time as refusing leave to remain…

In extradition proceedings, a claimed risk to private or family life must be supported by sufficiently specific and current evidence. A general assertion of…

An appeal from an extradition decision is not a rehearing. It succeeds only where the first-instance judge made an error of law. For a country trusted under…

A challenge under Town and Country Planning Act 1990, section 288, is not a merits appeal. The court may intervene for irrationality, but an applicant faces a…

The court reviewing a professional-services adjudication applies conventional public-law standards, including irrationality and failure to take account of…

For dual criminality in extradition proceedings, the court asks whether the conduct described in the European arrest warrant and supporting information would…

When exercising immigration or asylum functions concerning a child, the decision-maker must have regard to the need to safeguard and promote the child’s…

Immigration Rules may lawfully refer to detailed administrative guidance, including a substantial and amendable list of skilled occupations. The guidance does…

For a European Arrest Warrant, the court must determine the purpose of extradition by reading the warrant as a whole. An unequivocal statement that surrender…

A plain-clothes police officer may request a vehicle to stop at common law where there is a proper and reasonable justification, such as a genuine reasonable…

For levy purposes, whether an employee is a site or off site employee requires a purposive and common-sense assessment of the place where the employee’s work…

Detention pending deportation is lawful only where it serves the purpose of removal and continues for no longer than reasonably necessary. There must be a…

Rule 7(1) of the Prison Rules 1999 does not exhaustively define the matters relevant to prisoner categorisation. Directions may require particular…

In an appeal concerning a European arrest warrant, the executing court’s scrutiny is limited. It need not investigate how a sentence was calculated or the…

Whether an article is a knife under section 141A of the Criminal Justice Act 1988 is a mixed question of fact and law. The court must first determine the…

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension may continue where it is necessary for public protection, otherwise in the…

A local education authority exercising its duty under Education Act 1996, section 19, must consider the individual circumstances, abilities and educational…

The Secretary of State may detain an immigration detainee in prison where an operational assessment identifies specific risk factors indicating a serious risk…

Under section 14 of the Extradition Act 2003, the passage of time may make extradition oppressive even where the requested person knew of the eventual sentence…

For interim relief in a public-law challenge, the claimant must show reasonable prospects of success and that the balance of convenience favours relief. Where…

An Interim Orders Panel may proceed in a practitioner’s absence where statutory notice has been properly served and reasonable efforts have been made to secure…

The expression “residential development” in a planning policy is not confined to development within Use Class C3 unless the policy says so. A development…

A refusal of discretionary leave does not itself interfere with Article 8 rights where the claimant is already unlawfully present and the refusal does not…

A continuing suspension may be maintained where it remains justified in the public interest, the underlying investigation has been properly conducted, and…

A public authority proposing to revoke a valuable licence must give the licensee fair notice of the substance of every material complaint and a proper…

In deciding bail pending extradition proceedings, the court must assess whether substantial grounds exist for believing that the person would abscond and, if…

An inquest into a death in state custody must provide an effective investigation under Article 2 of the ECHR. That requires proper preparation, timely…

Under Housing Act 1996, Part 7, the interim accommodation duty arises at a low threshold where the authority has reason to believe that the applicant may be…

On judicial review, the court supervises the legality of a contractual decision rather than making the primary decision afresh. The decision is unlawful only…

Before revoking a prisoner’s licence for alleged breach of a good-behaviour condition, the Secretary of State must have evidence on which he could reasonably…

Under Annex A to Planning Policy Statement 7: Sustainable Development in Rural Areas, functional need depends on whether a worker must be readily available at…

An objector’s appeal against an auditor’s decision under the Audit Commission Act 1998 is concerned with whether the auditor’s decision was wrong. The court…

Courts should not impose consultation requirements which intrude upon the introduction of primary legislation or the proceedings of Parliament. A legitimate…

In an extradition appeal, a last-minute change of representation or request for further evidence does not justify an adjournment where the relevant matters…

An application for entry clearance by dependent relatives outside the Immigration Rules remains a recognised application where the published criteria require…

A prisoner's residual right to associate with fellow inmates is a civil right for Article 6(1) purposes, although it remains subject to lawful disciplinary and…

A compulsory purchase power conferred for a specified redevelopment purpose cannot lawfully be used for a different or collateral purpose. The relevant purpose…

Judicial review will not ordinarily be used to prevent disciplinary proceedings from reaching the tribunal responsible for deciding whether charges are made…

Substantial compliance with section 2 of the Extradition Act 2003 is a jurisdictional prerequisite for a valid Part 1 warrant. The warrant must describe the…

A decision by the Parole Board on recategorisation will be unlawful only if it is irrational or perverse in the public law sense. The Board may rely on…

A vehicle licensed as a hackney carriage remains within the statutory exemption from the definition of a private hire vehicle wherever it is licensed. The…

Permission for judicial review should not be refused merely because a related reference to the Tribunal may resolve overlapping legal issues. The court must…

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

A Pathway Plan must do more than record a young person’s present circumstances. It must identify present and likely future needs and provide a sufficiently…

A judge is not required to recuse himself merely because he previously made a procedural order in related employment proceedings. Recusal requires a proper…

Section 22(4) of the Children Act 1989 creates no automatic duty to consult every foster parent. A foster parent may nevertheless be a person whose wishes and…

For the purposes of Extradition Act 2003, the rule against double jeopardy includes the wider jurisdiction to prevent an abuse of process. The relevant…

Where a professional disciplinary committee considers proceeding in a registrant’s absence, service of the hearing notice and the decision whether to proceed…

A public body conducting a competitive procurement must give participants a fair opportunity to demonstrate the qualities which its published criteria are…

The power to detain pending deportation is subject to domestic and Convention limits. Detention must remain connected to the purpose of removal, last only for…

Permission to apply for judicial review requires an arguable basis for challenging the decision. Where an applicant has succeeded under Article 8 and has…

A prisoner’s security category must be determined objectively by reference to the likelihood of escape and the risk posed if escape occurs. The prisoner must…

In a certification case, the court must decide whether, on the material available to the Secretary of State, the claim was clearly unfounded. A claim is…

Planning decision reasons must be intelligible and adequate. They must explain the conclusions on the principal controversial issues and disclose how material…

On an application for permission to appeal on a point of law from an enforcement decision, the court must identify an arguable error of law. It is not an…

Under Extradition Act 2003 s.82, delay caused by deliberate flight, concealment or evasion of arrest will ordinarily not make extradition unjust or oppressive…

For an extradition objection based on racial prejudice, general evidence of background discrimination is insufficient. The claimant must show a reasonable…

Access to environmental judicial review under Directive 85/337/EEC depends on the claimant being a member of the public concerned with a sufficient interest or…

A prisoner’s recategorisation must be based on a clear reduction in risk, assessed by reference to escape or absconding and the risk to the public, victims and…

Further submissions amount to a fresh claim under paragraph 353 of the Immigration Rules only where they are significantly different and, taken with the…

Certification of a human rights claim as clearly unfounded is appropriate only where the claim cannot succeed on any legitimate view, or an appeal is bound to…

A restriction on a prisoner’s possession of historical photographs of family members engages Article 8 only if its consequences are sufficiently grave. Where…

An appeal from a Fitness to Practise Panel is by way of rehearing, but the court must respect factual findings based on live evidence and the specialist…

In deciding whether to grant bail pending extradition proceedings, the court must assess the current risk of absconding and balance it against the…

Exceptional funding for legal representation at an inquest requires a significant wider public interest. The applicant must show a potential for substantial…

When considering indefinite leave to remain under the Armed Forces provisions of the Immigration Rules, the Secretary of State must assess the applicant’s…

Return under a European Arrest Warrant may be refused on human-rights grounds, including Article 8, but Article 8 requires a very compelling case before return…

Prison child-contact decisions engaging Article 8 must be based on a lawful, individual and proportionate assessment of risk. The assessment must be…

Part IV of the Education Act 1996 requires a local education authority to maintain a statement of special educational needs only until the person’s 19th…

Certification under section 96(1) of the Nationality, Immigration and Asylum Act 2002 may be challenged only on conventional judicial review grounds, including…

In a challenge under section 288 of the Town and Country Planning Act 1990, a planning decision letter must be read fairly and as a whole. An inspector need…

Permission to apply for judicial review requires an arguable case. New evidence must be sufficiently persuasive to undermine detailed existing findings before…

On an appeal under the Extradition Act 2003, interference with family life caused by extradition will breach Article 8 only where its consequences are…

Indefinite leave to remain under paragraphs 276A and 276B of the Immigration Rules requires compliance with the requirement of continuous lawful residence.…

A public authority must act through the body or officer legally authorised to make the relevant decision and must obtain any planning permission required for…

Detention of a foreign national prisoner with mental illness requires a structured assessment of the applicable detention policy. The decision-maker must weigh…

A Category A prisoner must be placed in the lowest security category consistent with security and control. Continued classification must depend on whether the…

Article 5(4) of the European Convention on Human Rights requires reviews of post-tariff life prisoners’ detention at reasonable intervals. The assessment is…

A decision to refuse an adjournment is reviewable on limited public-law grounds, including irrationality, irrelevant considerations and absence of an…

An error in a European arrest warrant does not necessarily invalidate it. The court must distinguish between the omission of essential information and the…

For an appeal under sections 26 or 28 of the Extradition Act 2003, notice must be given of an actual appeal, not merely an intention to appeal. In England and…

A statutory restriction on legal proceedings is construed narrowly but sensibly. A refusal to discharge a person under section 75(4) of the Extradition Act…

In a legitimate-expectation claim, representations must be clear and unambiguous when read in context. A past practice requires a specific undertaking directed…

An application accompanied by an unpaid or uncollectable fee is invalid under the applicable fees regulations. The Secretary of State has no discretion under…

An adjudicator deciding a prison disciplinary charge must give reasons that adequately explain the verdict. The reasons must address the material evidence and…

An application to extend time for appealing an asylum decision must be decided through a structured assessment of the whole period of delay and the evidence…

A human rights claim raised in an immigration appeal may qualify for the purposes of paragraph 353 of the Immigration Rules where the one-stop notice directed…

Administrative detention pending deportation remains lawful only for a period that is reasonable in all the circumstances. There is no fixed maximum period.…

A local authority is not bound by an incidental age finding made by the First-tier Tribunal in an asylum or immigration appeal. Such a finding is not a…

On a recalled prisoner’s application for release, the Parole Board must distinguish between whether recall was appropriate and whether, on all the evidence…

Whether a person needs care and attention under section 21 of the National Assistance Act 1948 is primarily for the local authority’s expert assessment. The…

Procedural fairness may require an oral hearing before a Category A review team decides whether a post-tariff life prisoner should be re-categorised. The…

Procedural fairness may require an oral hearing before a Category A review team decides whether to downgrade a post-tariff life prisoner. The question is…

A specialist communications regulator may impose due-diligence and milestone requirements exceeding those required by the international frequency-allocation…

The Secretary of State is not generally obliged to decide whether to issue removal directions at the same time as refusing an application to vary leave to…

A licensing authority determining an application for a premises licence may seek relevant and material information needed to resolve a statutory issue…

On a challenge under Town and Country Planning Act 1990, the court reviews legality rather than planning merits. National planning guidance may be a material…

Where a screening direction states that proposed development is not EIA development, an Inspector must consider referring it back to the Secretary of State if…

Article 8 may exceptionally defeat a European arrest warrant where unusual and exceptionally compelling circumstances make the interference with private life…

A police caution is not a conviction and cannot found a plea of autrefois convict or autrefois acquit. A later prosecution arising from the same incident may…

Section 19 of the Police and Criminal Evidence Act 1984 cannot convert unlawful police possession of property into lawful possession merely because the…

Where a search warrant is conceded to be unlawful, the person from whom material was seized is unconditionally entitled to its return. The court may arrange a…

During the moratorium under a debt relief order, a creditor may not use a statutory deduction from continuing social security benefits to recover a specified…

An interim suspension order may be extended where the allegation is serious and continued suspension remains necessary for public protection, in the public…

A removal policy which permits abbreviated notice is unlawful where its operation creates an unacceptable risk, or serious possibility, that affected…

For council tax purposes, a dwelling is not a house in multiple occupation merely because several occupiers pay separate shares of the rent. The statutory…

A control order may be imposed after an acquittal where the statutory conditions remain satisfied. An acquittal establishes that the prosecution failed to…

When deciding whether a defendant under 18 should remain in the Youth Court, the court must assess whether there is a realistic prospect of a sentence…

The Office of the Independent Adjudicator may consider disability discrimination law when deciding whether a higher education institution acted fairly and…

Whether judicial review proceedings engage art 6 depends on their substance, not merely the formal identity of the decision-maker. Where a domestic authority’s…

Permission to bring committal proceedings for false statements verified by a statement of truth, or a false disclosure statement, requires a strong case that…

A Young Offender Institution may treat tobacco as a privilege within its approved incentive and earned privileges scheme and may withdraw it as a disciplinary…

Police disclosure of lawful private sexual information engages the right to private life. Disclosure is justified only where there is a sufficiently pressing…

Fact-sensitive claims concerning arrest, detention, searches and seizures ordinarily belong in private law proceedings where an adequate remedy exists.…

Where a magistrates’ court accepts a written guilty plea under Magistrates’ Courts Act 1980, records a conviction and adjourns sentence, the defendant has no…

Immigration detention must be exercised for the purpose of removal and only for a period reasonable in all the circumstances. Where the applicable policy…

A complaints adjudicator acting under Schedule 1A to the Solicitors Act 1974 may direct a solicitor to redraw bills where that is part of implementing a…

A planning permission for a change of use does not, without clear wording, authorise building, engineering or mining operations needed to implement that use.…

A first-instance court is bound by a prior House of Lords decision unless a recognised exception to precedent applies. A later judgment of the European Court…

Age is a matter for judicial determination on the evidence. The ordinary civil standard is the balance of probabilities, but age assessment is not necessarily…

A local authority’s duties to a former relevant child ordinarily end at 21, but the education-support duty continues where the agreed pathway plan sets out…

Parking powers under the Road Traffic Regulation Act 1984 must be exercised for the statutory purposes of traffic management and the provision of suitable…

Article 3 may require an effective investigation into credible allegations of serious ill-treatment. There is no universal form of investigation. Criminal and…

An asylum application must be determined within a reasonable time. The assessment is flexible, but the Secretary of State must have regard to the circumstances…

In determining a certificate of appropriate alternative development, the decision-maker must apply the planning framework to the statutory hypothetical: what…

Article 5(4) and procedural fairness do not require an oral hearing in every case concerning a prisoner’s release or continued detention. The question is…

In a civil claim challenging detention by the state, the claimant must generally know the case and evidence relied on to justify the interference with liberty.…

Where the Child Support Agency has a non-statutory discretion to offset voluntary payments against child support liability, it must exercise that discretion on…

Judicial notice cannot establish that a device is approved where reliable, objective and admitted evidence shows that approval to be false. Nor can approval be…

A planning obligation under section 106 must be construed objectively by the court. Where its wording permits revisions or amendments without an express limit…

A full planning permission is construed from its own terms and incorporated material. A reference to the application identifies it but does not, without…

A planning obligation secured under section 106 must be objectively construed by the court. Where its wording permits revisions or amendments without an…

For theft, property may belong to another person even though it is not proved to belong to the named owner in the charge. It is sufficient that evidence…

For the statutory 14-day period for appealing an extradition decision, time runs by reference to the calendar day on which the Secretary of State informs the…

An order under section 13 of the Coroners Act 1988 may be made only where the statutory conditions are satisfied. The court must be satisfied that a coroner…

A local authority assessing an individual under National Health Service & Community Care Act 1990 section 47 is not ordinarily under a common-law duty to…

A planning permission may incorporate the application and plans where its operative terms clearly do so. Once incorporated, the plans may define the authorised…

A breach of the hospital-patient safeguards in section 9 of the Road Traffic Act 1988 does not ordinarily make later, properly obtained section 7 breath…

A human-rights claim may be certified as clearly unfounded only where it is clear that an appeal would have no real prospect of success. The Secretary of State…

In extradition proceedings under a European arrest warrant, the court may consider the warrant together with a supplementary document which fills a material…

Fresh evidence on an extradition appeal must satisfy a strict threshold: it must have been unavailable at the extradition hearing and sufficiently decisive…

A fitness-to-practise panel’s decision may be challenged for serious procedural irregularity or because its decision was wrong on the material before it.…

A material or substantive change to immigration policy cannot be made through extrinsic guidance where section 3(2) of the Immigration Act 1971 requires the…

Entry-clearance endorsements stating validity dates do not, without more, constitute conditions governing leave to enter. Where a person becomes subject to…

Extradition to a Convention country will not ordinarily breach Article 3 merely because prison conditions there fall below international standards. Where the…

On a later bail hearing, a court need not rehear factual or legal arguments already considered. The statutory restriction is not limited to whether…

For the purposes of the statutory police complaints regime, “conduct” means behaviour and does not require an allegation of bad or improper behaviour. A…

A pathway plan for a looked-after young person must be prepared by the local authority in accordance with the statutory scheme. A personal adviser may…

A magistrates’ clerk or legal adviser may advise on law, mixed law and fact, procedure and the formulation of reasons, but must not participate in the…

The High Court may extend an interim suspension order beyond the maximum period for which the professional regulator may impose it, where the statutory…

An inspector exercising planning judgment is not required to accept unchallenged expert evidence. The inspector must take relevant evidence into account, but…

When a suspended custodial sentence is activated, the court must consider afresh whether remand time should count towards the sentence under section 240 of the…

An appeal may be dismissed for want of prosecution where the appellant has been given adequate notice of the hearing but fails to attend. The court may also…

Where a magistrates’ court must determine whether land is a road to which the public has access, the relevant issue is public access, not merely access…

Before dismissing an information because the prosecutor is absent, magistrates must act fairly to both prosecution and defence. Where the hearing was unlisted…

On an appeal under Solicitors Act 1974, the court should assess whether the material before the specialist disciplinary tribunal establishes an arguable or…

For a business visitor, nondisclosure of a spouse and children residing in Ireland may be material to the assessment of the true purpose of entry, particularly…

Interim relief will not be granted merely because the administration of a legal services provider creates serious practical difficulties for vulnerable…

For the purposes of section 9 of the Criminal Justice Act 1967, a statement means the written assertions of fact made by the person who signed it, rather than…

The statutory and rule-making framework may prescribe procedures for immigration applications made both within and outside the Immigration Rules. Where a…

When exercising a statutory discretion over costs in forfeiture proceedings, a magistrates’ court must consider what is just and reasonable on the facts…

For section 20 of the Extradition Act 2003, deliberate absence from trial requires more than conduct which causes or contributes to the person’s absence. The…

Under paragraph 353 of the Immigration Rules, further submissions do not constitute a fresh claim where they merely repeat material previously considered and…

An appeal under section 26 of the Extradition Act 2003 requires the appellant’s notice to be both filed and served within seven days beginning with the day on…

The supplied judgment text consists only of the cover sheet and does not state the legal issues, reasoning, decision or outcome.

In determining a planning appeal, an inspector may use a reasonably certain alternative scheme as a benchmark for assessing the timing and regeneration…

Planning policies directed to new buildings do not ordinarily govern the residential conversion of an existing rural building. A policy concerning buildings…

Part 5 of the Proceeds of Crime Act 2002 has clear territorial reach. Its definition of property as including property wherever situated permits civil recovery…

A policy prohibiting the transfer of detainees where there is a real risk of torture or serious mistreatment must be applied by the court through its own…

An order returning a released prisoner to custody under Powers of Criminal Courts (Sentencing) Act 2000, section 116, is a statutory deeming device. It is…

Where an immigration appeal has been allowed on asylum and related grounds, the Secretary of State cannot withdraw the underlying decision and then deprive the…

On an application to revoke a deportation order, the Secretary of State must consider whether circumstances have materially changed or fresh information has…

In extradition proceedings, suicide risk and other Convention risks must be assessed according to the stage at which the risk arises. Before surrender, the…

For the purposes of aggravated trespass under section 68 of the Criminal Justice and Public Order Act 1994, “land” includes buildings. The starting point is…

In assessing development within an Area of Outstanding Natural Beauty, a planning decision-maker must consider both the development’s intrinsic effect on the…

Extradition proceedings should ordinarily proceed expeditiously, but expedition must not produce unfairness. An adjournment is discretionary and will be…

A confiscation order under the Drug Trafficking Act 1994 is a money order made against the defendant personally. The value of a gift caught by the Act forms…

A judicial review of an immigration decision examines legality, rationality and procedural fairness, not the merits of the application. Where policy DP5/96…

Section 139A of the Learning and Skills Act 2000 requires a local education authority’s assessment and written report to address actual educational and…

When the Parole Board considers transferring a lifer whose minimum term has not expired to open conditions, procedural fairness does not impose an automatic…

A statutory consultation is unlawful where the decision-maker changes the decisive role of expressly stated criteria without giving consultees a fair…

For a statutory time limit based on when sufficient evidence came to the prosecutor’s knowledge, the prosecutor is the person or body actively instrumental in…

In an extradition appeal, delay is assessed by its effect on the defendant and the fairness of the prospective trial, not merely by the requesting state’s…

The extended meaning of “document” in Finance Act 2008, section 114, includes a computer because it is a thing in which information is recorded. The…

Protection for accrued pension, allowance and gratuity rights under section 2(3) of the 1972 Act is not confined to compulsory severance. It extends to…

A planning permission granted for a limited period does not necessarily cease to exist when the period ends. The court must construe the permission against the…

Under class B of schedule 1 to the Town and Country Planning (Control of Advertisements)(England) Regulations 2007, exemption is assessed at the time of the…

A dispute arising from a solicitor’s contractual relationship with the Legal Services Commission is not amenable to judicial review merely because the…

In determining a housing appeal, an inspector must apply the development plan as a whole, but policies identifying the main or prime focus of housing…

Where a court proposes to proceed in a defendant’s absence, it must have a proper basis for concluding that the absence is deliberate and without good reason.…

Where an overstayer or unlawful entrant applies from within the United Kingdom to regularise their position and the application is refused without removal…

On a prosecution appeal against the grant of bail in extradition proceedings, the High Court may order continued custody under section 1(9) of the Bail…

Section 39 of the Extradition Act 2003 prevents extradition only where the asylum claim was made during the statutory relevant period. That period begins when…

In a disputed age-assessment claim, the court must decide for itself whether the claimant is a child. Documentary evidence of age is important but is not…

Where a planning authority resolves to grant permission but the formal decision is issued later, a delegated officer need not refer the matter back merely…

Under section 20 of the Extradition Act 2003, entitlement to a retrial means a legal right under the law of the requesting state. It is unnecessary to examine…

After-care under section 117 of the Mental Health Act 1983 is confined to services necessary to meet a need arising from the former patient’s mental disorder…

Delegated regulations made under section 20 of the Prosecution of Offences Act 1985 must give effect to the statutory compensation principle. Under section…

A judicial review challenge to a decision of the Criminal Cases Review Commission requires the claimant to overcome substantial constraints. Where the…

In planning law, a consideration may be material if it is rationally related to land-use issues and could carry some weight in deciding the application. A…

An English court assessing a European Arrest Warrant must read the warrant as a whole. It should ordinarily decide from the warrant whether it seeks surrender…

Prisoner categorisation and allocation are distinct, although overlapping, administrative processes. Guidance that prisoners should generally have no more than…

Under the Mental Health Act 1983, the lawfulness of detention following an apparently valid application is assessed separately from the underlying defect in…

A statutory fleet lien permitting detention of one aircraft for charges incurred by other aircraft is not inherently incompatible with Article 1 of the First…

An application made after limited leave has expired does not attract the statutory extension of leave or a right of appeal against refusal under the statutory…

A local authority’s decision is not invalid merely because it acts under the wrong statutory source of power, where another available power authorised the same…

In a fresh-claim case based on Article 8 private life, the question is whether the new material, considered with the earlier evidence, creates a realistic…

In reviewing a prisoner’s security categorisation, the decision-maker must assess the risk arising if the prisoner escapes and must not refuse recategorisation…

A court may find that a planning decision was unlawful and grant declaratory relief even where, in the exercise of discretion, it refuses to quash the…

An interim professional-disciplinary order should continue where the court concludes that continuation is in the public interest. The court must, however…

A local authority may adopt a general hackney-carriage policy through its executive where individual licence applications remain subject to consideration…

A planning officer’s report must provide sufficient information and guidance to enable the planning committee to apply the statutory criteria. It must fairly…

An environmental permit will not necessarily be quashed for an error of law where the decision-maker in fact considered the matters required by the relevant…

The statutory power to prohibit publication of information withheld in court proceedings is an exception to the principle of open justice. The applicant must…

The court’s jurisdiction under section 41A(10) of the Medical Act 1983 is not confined to judicial review. The court must exercise its own judgment, while…

A full planning permission is construed by reference to the decision notice and, where appropriate, the approved plans and drawings. A material feature shown…

A police force does not become amenable to judicial review merely because it provides information to a prison governor which contributes to a prisoner’s…

The GMC’s fitness-to-practise jurisdiction is not confined to clinical treatment. Misconduct may arise in other functions forming part of a doctor’s medical…

A statutory broadcasting licence is a public law instrument, not a contract, where it is issued under a comprehensive statutory scheme and authorises conduct…

Damages under section 8 of the Human Rights Act 1998 are discretionary and do not follow automatically from a breach of a Convention right. The court must…

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension order may be extended where the court is satisfied that extension is…

An interested party in judicial review proceedings may make submissions only on the main claim and only while directly affected by it. A party cannot use that…

An interested party in judicial review proceedings may participate only to the extent that it is directly affected by the claim. It cannot use that status to…

In determining a planning application, the viability of affordable housing may be assessed against the development’s extended timescale and the possibility of…

Recategorisation of a prisoner must address the relevant risks in the governing prison policy, including risk to the public if the prisoner escapes or…

A person granted discretionary leave outside the Immigration Rules because requiring entry clearance would disproportionately interfere with family-life rights…

Where authorities seek to enforce a confiscation order by activating imprisonment in default, they must proceed within a reasonable time under Article 6(1).…

A fresh inquest may be ordered only where it is necessary or desirable in the interests of justice. The court must assess that test practically and…

A public healthcare authority may adopt policies prioritising treatments where resources are limited, provided the policy is rational, recognises genuinely…

A controlled parking zone is not invalidated by every technical imperfection within it. Regulation 4 requires the roads in the zone, apart from parking bays…

On a de novo appeal from a licensing authority, the magistrates’ court may consider any relevant evidence concerning the licensing objectives as they apply at…

For the purposes of a council tax liability order, the magistrates’ court must make the order where it is satisfied that the sum has become payable and remains…

A claimant cannot use an amendment to judicial review grounds to extend a challenge to a later and distinct decision without permission. A challenge to factual…

An applicant for interim relief in public-law proceedings must show a real, rather than fanciful, prospect of success. The balance of convenience must then…

A company’s assets are not ordinarily the assets of its shareholders. In restraint proceedings, the corporate veil may be lifted only where the evidence shows…

Under section 13 of the Coroner's Act 1998, the High Court may quash an inquisition and order another inquest where this is necessary or desirable in the…

Whether travel services form a statutory package depends on substance: whether they are offered as components of a pre-arranged combination at an inclusive…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, the court will not review the planning merits or substitute its own…

A European Arrest Warrant must be issued in the form required by Part I of the Extradition Act 2003. A failure to use the appropriate form is fatal to…

In extradition proceedings under Part 2 of the Extradition Act 2003, the court has an implied but residual abuse-of-process jurisdiction. It principally…

In an extradition request under Part 2 of the Extradition Act 2003, the particulars must identify the conduct alleged to constitute the offence with sufficient…

Save in exceptional circumstances, proven dishonesty by a solicitor will result in striking off. This is the normal and necessary sanction because public…

When extending an interim suspension order against a registered nurse, the court applies the same criteria as for making the order. It considers protection of…

Permitted development under Class A of Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 requires development to…

A challenge to a refusal to adjourn extradition proceedings is properly treated as an application for judicial review. An adjournment should not be granted to…

In an appeal against extradition under the Extradition Act 2003, the High Court may intervene only within the statutory limits governing appeals against…

In judicial review proceedings, the court may quash an administrative decision where the defendant accepts, or does not contest, that the challenge is arguable…

Article 8 requires an individual proportionality assessment. The decision-maker must balance the seriousness and consequences of interference with family life…

Approval under the post-2006 food hygiene regime attaches to the food business or unit of the food business, not merely to premises. The competent authority…

Under the Police (Injury Benefit) Regulations 2006, the diagnosis reached when deciding whether an officer is disabled and permanently disabled is not itself…

Demolition of a building, without associated construction or another wider development project, does not fall within the concept of a project under the…

Where a prisoner raises duress, the prosecution must disprove the defence beyond reasonable doubt once sufficient evidence of a threat has been raised. A high…

Judicial review is concerned with legal error, not with a general reconsideration of the facts or the admission of subsequent evidence. A decision cannot…

A statutory reasonable-excuse defence does not ordinarily include the privilege against self-incrimination where Parliament has expressly provided that…

At the permission and interim-relief stage, a sponsor’s low attendance figures do not necessarily establish that students lacked the intention or ability to…

On an application under section 41A(10) of the Medical Act 1983, the court exercises its own judgment rather than a judicial review jurisdiction. It…

An appeal under section 40 of the Medical Act 1983 may involve review or rehearing, but the court should not interfere with a Fitness to Practise Panel’s…

On an appeal by case stated, the question is whether the prosecution evidence was capable in law of supporting a conviction. Even where the evidence is sparse…

In extradition proceedings, serious allegations and a possible lengthy sentence do not automatically justify detention pending the outcome. The requesting…

Retrospective planning permission remains subject to the same policy requirements as prospective permission. An unlawful development cannot itself justify…

On a review of a definitive map and statement, the statutory conclusive-evidence provision does not prevent review under section 53 of the Wildlife and…

Immigration rules channel the Secretary of State’s prerogative immigration powers, but they need not prescribe every detailed case-working instruction. A…

An ombudsman-style higher education reviewer has a broad discretion to determine the form and intensity of its investigation. It must investigate until it has…

On a challenge under Town and Country Planning Act 1990, the weight given to material planning considerations is for the inspector, subject to irrationality.…

An interim suspension order may be extended where the seriousness of the allegations indicates a risk of serious harm to patients and continuation is necessary…

In proceedings for breach of a noise abatement notice, the statutory defence of best practicable means arises only after a breach of the notice has been…

On an appeal against a non-consensual modification of a control order, the court must determine whether the Secretary of State’s decision was flawed, applying…

A protected furnished tenancy cannot be converted into an unprotected or market-rent tenancy by the landlord’s change of intention. A tenant must provide…

A fresh asylum or human rights claim must contain material that is significantly different from the evidence previously considered and that creates a realistic…

For the statutory pension test, the question whether a clerk was required to devote substantially the whole of available working time to official duties must…

A disciplinary hearing by a private employer concerning an alleged breach of employment terms is ordinarily a private-law matter and does not constitute the…

Section 2(3) of the Superannuation Act 1972 protects accrued pension, allowance and gratuity benefits under civil service schemes where their amount is…

Whether a child is looked after depends on the substance of the local authority’s actions, not the label attached to them. Where the statutory conditions in…

A Crown Court bail decision is reviewable where it does not relate to a trial on indictment, but review is appropriate only exceptionally. The Administrative…

In extradition proceedings, a failure to consider a party’s post-hearing written submissions is a serious procedural error. Relief nevertheless depends on…

A solicitor’s lawful lien over client documents may nevertheless be unreasonable for the purposes of the statutory complaints regime. The Legal Complaints…

When deciding whether to extend a custody time limit, the court must assess whether the prosecution acted with all due diligence and expedition during the…

The statutory definition of dwelling in section 8 of the Public Order Act 1986 focuses on whether the place is occupied as part of a person’s home or other…

Article 5(4) does not require judicial review of a recall to prison under section 255 of the Criminal Justice Act 2003 where the prisoner remains detained…

A magistrates’ court has a judicial discretion to refuse a summons, or later stay proceedings, where a private prosecution is vexatious or an abuse of process.…

An application under section 42 of the Supreme Court Act 1981 may justify restrictions on a litigant where the conduct is capable of falling within the…

Accommodation makes a child “looked after” only where the local authority provides it in the exercise of social services functions. The relevant question is…

Section 13 of the Coroners Act 1988 permits a further inquest where insufficiency of inquiry or new evidence makes it necessary or desirable in the interests…

For the purpose of section 64(3) of the Extradition Act 2003, the conduct alleged in a warrant must be considered as described, including conduct forming part…

A challenge to a bail decision by the Special Immigration Appeals Commission is not an appeal on the merits. In this sensitive national-security context…

For the statutory defence under section 92(5) of the Trade Marks Act 1994, the defendant must prove on the balance of probabilities that the belief was…

A road may constitute a bus lane for civil-enforcement purposes even where the restriction covers the whole width of the road and is expressed in prohibitory…

Procedural fairness is context-dependent. In an urgent administrative intervention concerning the safeguarding of vulnerable children, the Secretary of State…

A claim certified as clearly unfounded may be certified where an appeal would have no prospect of success. The assessment requires consideration of the…

Article 3 protection in extradition cases requires treatment reaching a high level of severity. Pain capable of being managed, temporary deterioration, and a…

Detention pending deportation remains lawful only while it is genuinely directed to removal and there is a reasonable prospect of deportation within a…

In an extradition case involving alleged suicide and self-harm risks, Article 3 requires a high threshold and a fact-specific assessment. The court should…

Section 4 of the Immigration and Asylum Act 1999 confers an accommodation-based power. It does not authorise subsistence support, such as vouchers, without the…

A refusal to treat further representations as a fresh claim is not necessarily an “immigration decision” attracting an in-country appeal. The court must…

A prison governor may require prisoners in a high-security prison to display identity cards when outside their wings where the requirement reasonably assists…

Affray is a public-order offence. The statutory question is whether unlawful violence was of a kind that would cause a hypothetical person of reasonable…

Where a Part 1 extradition warrant is withdrawn while an appeal under section 26 of the Extradition Act 2003 is pending, the court must discharge the person…

On a statutory appeal concerning an enforcement notice, the court may uphold a decision despite a failure to mention a material consideration if satisfied that…

Under section 21 of the Animal Health Act 1981, “substantially reduce” means a reduction greater than insignificant or trivial. It need not mean almost…

A public law decision may be quashed where the decision-maker’s published reasons reveal a material error of fact in the reasoning process. The claimant must…

Disclosure of confidential clinical records may be authorised where a compelling public interest justifies the interference with confidentiality and satisfies…

An extradition warrant must be read as a whole. For an accusation case, the court must decide whether it unequivocally shows that surrender is sought for…

A local housing authority must operate its allocation scheme as adopted, including provisions identifying who is to make allocation decisions. Where the scheme…

Teachers at schools for children with special needs do not impliedly consent to assaults by pupils merely because violence is a foreseeable risk of the…

Immigration detention pending deportation is lawful only for the purpose of removal and for a period reasonably necessary to achieve it. Detention becomes…

The Article 2 investigative duty may arise even where there is no evidence that a state agent breached the primary duty to protect life. Whether an…

Immigration detention pending deportation must remain directed to removal and last no longer than is reasonably necessary. The existence of a power to detain…

Legal professional privilege may be waived objectively by conduct which is inconsistent with maintaining confidentiality. Where privileged documents are…

Under section 19 of the Education Act 1996, a local education authority must provide suitable education where it is not reasonably practicable for a child to…

A renewed asylum or human rights submission does not create an in-country right of appeal unless the Secretary of State has made an appealable immigration…

Section 77(2) of the Magistrates’ Courts Act 1980 gives a magistrates’ court power to postpone issuing a warrant of commitment for a confiscation default term…

A person may generally be returned under the Dublin Regulation to the Member State responsible for determining the asylum claim. Return is impermissible where…

For a human-rights claim certified as “clearly unfounded” under the Nationality, Immigration and Asylum Act 2002, the question is objective and binary. The…

A published detention policy must be interpreted according to the reasonable person’s understanding, informed by its presumed purpose. Policy provisions…

The statutory power to detain goods suspected of being liable to forfeiture is temporary. It permits reasonable inquiries for a reasonable period, after which…

On a challenge under Town and Country Planning Act 1990, the court reviews legality, not the planning merits. An inspector need not refer expressly to every…

Immigration detention pending deportation is lawful only while deportation remains a realistic prospect within a reasonable time. The Secretary of State must…

A prisoner’s denial of the offence for which he was convicted must not be treated as conclusive against progression, transfer or release. Prison authorities…

An appellate court reviewing a disciplinary sanction must decide whether the tribunal’s decision was wrong, applying a broader standard than judicial review…

Certification of a human-rights claim under section 94 requires anxious scrutiny. The Secretary of State must assess both the substance of the claim and…

For a Schedule 2 development, the screening question is whether it is likely to have significant effects on the environment. A planning officer may use…

Government policy supporting major infrastructure is not immutable. It must remain open to reconsideration in light of material changes, including developments…

Under the points-based immigration rules, an applicant must demonstrate that she has the specified maintenance funds. Evidence that a spouse, fiancé or other…

Where permitted development under an order is subject to prior approval, the procedure is not equivalent to ordinary outline planning permission. The authority…

On a renewed application for permission to seek judicial review, the court must assess the lawfulness of the Secretary of State’s decision on the material that…

A court may stay confiscation proceedings under the Proceeds of Crime Act 2002 where its own unequivocal representation has induced the offender to repay the…

Under a suspended sentence order, an information alleging breach of a community requirement must be laid before the end of the sentence’s operational period.…

Where a planning authority delegates a class of decisions to officers subject to exceptions requiring planning judgment, an officer’s decision to exercise…

A valid planning permission which has been implemented is not extinguished merely because the permitted use later ceases. Under Town and Country Planning Act…

Family hardship caused by extradition may exceptionally make extradition disproportionate under Article 8 where the offence is relatively trivial and the…

For the purposes of Road Traffic Act 1988, section 73(c), the relevant condition is the suspect’s condition at the time of the alleged driving offence. The…

A European Arrest Warrant must be read with the statutory modifications applicable to multiple offences. A failure to provide the warrant promptly does not…

For registration of a statutory town or village green, it is sufficient that a significant number of inhabitants of a qualifying locality or neighbourhood have…

Immigration detention pending deportation is lawful only for a period reasonably necessary to achieve removal. The Secretary of State must act with reasonable…

An application for permission to appeal should be refused where the proposed grounds merely misread the judgment, re-argue matters already decided, or disclose…

When deciding bail, a court must demonstrate sufficient and appropriate consideration of material safeguards offered to address identified risks, including…

A local authority’s statutory power to provide property information does not ordinarily impose a duty to provide access to its unrefined records. The court…

A high-security prison governor has a broad operational discretion, but decisions affecting detainees remain subject to domestic public law and Convention…

An oral hearing before the Parole Board is not required in every case. The question is whether, fairly assessed in the factual and procedural context, an oral…

In extradition proceedings, the court must decide Convention issues for itself. It does not review the Secretary of State’s assessment of Articles 3, 5, 6 or 8…

An interim regulatory order may be continued where serious criminal convictions demonstrate an evident risk to the public and the respondent might otherwise…

In a planning challenge, the court reviews legality rather than substituting its own planning judgment. An inspector need not record every precise measurement…

An interim suspension order may be extended where the regulator is properly pursuing an investigation into allegations which, if proved, raise serious concerns…

An appeal from a professional disciplinary panel is by way of rehearing, but the court should respect the panel’s professional expertise and its advantage in…

An extradition appeal based on alleged breaches of human rights requires cogent evidence establishing the relevant statutory or Convention threshold. For an…

An interim suspension order may be extended where continuation is necessary for the protection of the public or otherwise in the public interest. Relevant…

In a detention challenge, the Secretary of State bears the burden of justifying continued detention with evidence addressing the prospect of removal within a…

Officers may evaluate planning options against national policy and planning considerations, provided their minds remain open and the elected decision-maker…

A magistrates’ court has a limited common-law power to revisit an earlier pre-trial order where this is in the interests of justice. Relevant changed…

An adjournment application in criminal proceedings must receive rigorous scrutiny. The court must examine the causes of the application, the reasons advanced…

A public decision-maker must ask the correct question and take reasonable steps to obtain information relevant to answering it. The scope of that duty depends…

A court ordinarily declines to determine a judicial review claim which has become academic and no longer affects the parties’ rights or obligations. It may…

A local authority must have regard to fostering allowance when determining special guardianship order allowance under paragraph 65 of the Special Guardianship…

Disclosure of information about a convicted sex offender requires a fact-sensitive balancing exercise. The public interest in protecting children does not…

For a Schedule 2 development, a local planning authority must have sufficient information to make an informed judgment about likely significant environmental…

Where a claimant facing prospective extradition raises a substantial case which has not yet been proved but requires full consideration, the court may grant…

Type approval concerns whether the device meets the description in the approval instrument. The relevant question is whether the device retains the essence or…

A child is “looked after” under the Children Act 1989 only where the statutory criteria are met, including accommodation provided in the exercise of social…

For the purposes of the Extradition Act 2003, a conviction is not final or enforceable where the requested person has an automatic right to have the judgment…

An approved breathalyser device cannot be challenged in criminal proceedings on public-law grounds. The reliability of the particular device remains open to…

A local authority may use a Resource Allocation System as an indicative starting point when setting a personal budget, provided it does not treat the resulting…

Article 12 of Regulation (EC) No 561/2006 permits departure from prescribed driving and rest requirements only within strict limits. A driver must both…

The Crown Court Rules do not remove the statutory jurisdiction of a magistrates’ court to award costs under section 109 of the Magistrates’ Courts Act 1980…

A European Arrest Warrant is not invalid merely because its standard wording refers to both prosecution and execution of a custodial sentence. The warrant must…

A statutory possession scheme is not incompatible with Article 8 merely because it prevents a court from considering an occupier’s personal circumstances as a…

Section 252(8) of the Town and Country Planning Act 1990 gives the Secretary of State a broad power to modify a draft stopping-up order. The power is not…

In an extradition case involving Articles 2 and 3 of the European Convention on Human Rights, the relevant question is whether surrender would expose the…

On an appeal by way of rehearing, the Crown Court has the same power as the magistrates’ court to proceed on a summons despite a slight drafting error…

In reviewing a planning decision concerning inappropriate Green Belt development, the court must ask whether the harm caused by inappropriateness and any other…

A public authority’s delay in making a decision may justify an order requiring a decision. Once the decision has been made, delay alone ordinarily provides no…

Challenges to public path modification orders under the Wildlife and Countryside Act 1981 are reviewed on ordinary judicial review principles. The High Court…

Where a terminal speed-limit sign is erected on a principal road within 50 metres of an electrically lit street lamp, the applicable traffic-sign regulations…

Where a project may have significant environmental effects, planning permission cannot lawfully be granted unless a comprehensive screening opinion concludes…

At the permission stage of a judicial review concerning Immigration Rules paragraph 353, the court asks whether the claimant has a reasonable prospect of…

On a statutory appeal against professional disciplinary sanction, the appellant must show that the sanction was excessive, disproportionate, or outside the…

Where a conviction was lawful when entered but later developments show that the underlying law was defective, the conviction should be reopened only where…

When deciding whether a person under 18 should be committed for trial for a grave offence, the court must consider each defendant separately. It must assess…

The leaving-care provisions do not confer a general power or duty on a local authority to provide accommodation to a former relevant child under section…

For compulsory patients discharged under section 3 of the Mental Health Act 1983, responsibility for after-care under section 117 depends on the patient’s…

For the statutory presumption of dedication under section 31 of the Highways Act 1980, the relevant period is any full period of 20 years ending when public…

A statutory certificate which makes compliance with a prosecution limitation period conclusive must comply with the statutory requirements in both form and…

Under the Licensing Act 2003, a licensing authority must grant an application to vary a premises licence where no valid relevant representations are made…

For an attempt offence, conduct may be sufficiently proximate even though it occurs before the defendant reaches the place or performs the final act required…

Judicial review is not a substitute for an appeal on factual issues arising in criminal proceedings. Findings made by a magistrates’ court after hearing live…

The statutory power to detain pending removal is lawful only where there is a reasonable prospect of removal within a reasonable period, having regard to all…

A designation of a state as generally safe under section 94 of the Nationality, Immigration and Asylum Act 2002 is reviewed for legality, with enhanced…

A public authority must make reasonable adjustments where its practices, policies or procedures make it impossible or unreasonably difficult for a disabled…

On an appeal under the Extradition Act 2003, delay bars extradition only where, viewed in its practical effect, extradition would be unjust or oppressive.…

Under sections 11 and 14 of the Extradition Act 2003, a person who has fled the requesting state and remained unlawfully at large cannot rely on the resulting…

For the purposes of Extradition Act 2003, section 137(2)(c) is satisfied where the extradition request establishes that the specified conduct falls within…

On an appeal against a licensing decision, the costs jurisdiction is governed by section 181(2) of the Licensing Act 2003. It gives the magistrates’ court an…

For the statutory defence of having a bladed article for a good reason, the fact-finding tribunal must consider all the circumstances. Forgetfulness alone…

For the purposes of an extradition warrant, the enforceable judgment under Article 8(1)(c) of the Framework Decision is the judgment imposing the sentence. The…

The threshold for certifying an asylum claim as clearly unfounded is low. Certification is unlawful where new material gives a tribunal a more than fanciful…

In an extradition appeal based on delay, the question is whether surrender would be oppressive in the circumstances, including whether the requested person…

A coroner should recuse himself where a fair-minded and informed observer, having considered the relevant facts, would conclude that there was a real…

In judicial review of a listing decision, the court reviews legality and rationality rather than the merits of architectural or historical judgment. A decision…

Where a claimant loses civil proceedings, the ordinary consequence is an order requiring payment of the successful party’s costs. The court may limit multiple…

Detention pending removal is lawful only while it serves a permitted statutory purpose and remains reasonably necessary for removal. Where there are reasonable…

On an appeal under Civil Procedure Rules 1998, incompetence or an omission by legal representatives is insufficient by itself. The appellant must show conduct…

A Crown Court decision bringing confiscation proceedings under section 6 of the Proceeds of Crime Act to an end is a decision not to make a confiscation order.…

Racial aggravation under section 28(1)(a) of the Crime and Disorder Act 1998 is established by an objective assessment of whether the defendant demonstrated…

For a conviction for speeding, Road Traffic Regulation Act 1984, section 85(4) requires compliant signs to have provided adequate guidance on the route taken…

The statutory scheme governing election petitions is a discrete and purpose-built code. Although the High Court ordinarily has power to order a non-party to…

An application to vary an anti-social behaviour order does not require proof of a fresh anti-social act. The court may consider any event or change of…

Under section 14 of the Extradition Act 2003, the passage of time bars extradition only where extradition would be unjust or oppressive because of that delay.…

Same-day removal of an unaccompanied child under the Dublin Regulations, without a meaningful opportunity to contact a lawyer, social worker or other adviser…

Where a professional remains suspended pending disciplinary proceedings, the court must balance public protection against the serious impact of suspension on…

Under Rule 31 of the Nursing & Midwifery Council (Fitness to Practice) Rules Order of Council 2004, evidence is admissible only consistently with relevance and…

The statutory power to dispense with a probationary constable’s services under regulation 13 of the Police Regulations 2003 must be exercised personally by the…

Costs in public interest judicial review remain a matter for the court’s discretion. Success on one issue does not necessarily justify an order for all costs…

Where an adjournment application in criminal proceedings is contested, the decision is a judicial one for the magistrates. A legal adviser may sanction an…

Where judicial review proceedings are compromised, the court should decide costs by a broad-brush assessment rather than effectively trying the underlying…

Under sections 130A–130D of the Highways Act 1980, an obstruction within the legal extent of a highway falls within the court’s jurisdiction where it…

At the permission stage of a judicial review, the court should grant permission where the claimant’s legal argument is properly arguable and cannot be…

A decision that removal would breach human-rights obligations does not necessarily determine that a person is entitled to humanitarian protection. Refugee…

The statutory duty to have due regard is mandatory and important. It must be discharged before a public authority adopts or implements the relevant policy or…

Judicial review is generally unsuitable where an adequate alternative remedy is available in civil proceedings. A claim concerning rectification of the Land…

Under Article 6(3) of the Habitats Directive, the concept of a plan or project is broad and includes an activity which may indirectly affect a protected site.…

Compensation for a tariff obligation under Regulation (EEC) No1191/69 is intended to restore the operator to the financial position it would have occupied…

Disqualification from local-government office is the most severe available sanction and requires a finding, properly explained, that the member’s conduct falls…

In a planning appeal involving inappropriate development in the Green Belt, an inspector is not required to consider a temporary permission as a separate…

For a Part 1 European arrest warrant, the court must examine the warrant as a whole to determine whether it is an accusation warrant and whether surrender is…

A planning permission must generally be implemented and completed in accordance with its approved plans and conditions. Where development under a later…

A decision-maker considering a transfer direction under section 47 of the Mental Health Act 1983 must address the statutory criteria and have material…

Immunity from enforcement for operational development does not, by itself, make the building’s intended use lawful. The statutory time limits distinguish…

Under section 14 of the Extradition Act 2003, the question is whether extradition would be unjust or oppressive because of the passage of time. The court must…

A delayed review under Article 5(4) does not, by itself, establish a breach where relevant arrangements continue to be made in the background. A claimant…

Under section 3(1) of the Dangerous Dogs Act, whether a person is in charge of a dog is a question of fact and degree. Physical control is not decisive. A…

A single act of soliciting a woman for prostitution does not become a public nuisance merely because it occurs in an area where similar acts are frequently…

An appeal from a professional disciplinary body is ordinarily conducted by way of review. The court should interfere with factual findings only for an error of…

A conceded breach of Article 5(4) of the European Convention on Human Rights and Fundamental Freedoms does not automatically require a formal declaration. The…

For the purposes of Adoption and Children Act 2002, a child is placed for adoption when the necessary legal approvals are complete and the introductory process…

An approved mental health professional deciding whether consultation with the nearest relative would involve unreasonable delay must act on circumstances known…

In extradition proceedings, assurances from the requesting state are ordinarily presumed reliable because the requesting state is presumed to act in good…

Under the contaminated-land regime, interim remediation may be required where there is an imminent danger of serious pollution and the proposed measure is the…

Detention at the time of a foreign criminal trial does not, by itself, prevent a person from deliberately absenting himself within Extradition Act 2003…

Evidence of the absence of an entry in a business record is not hearsay merely because the court may infer that the recorded event did not occur. Hearsay…

Whether an item is a farming implement for the operator-licensing exception is a factual question. The court need not impose a confined test based on the…

Detention of a person suffering from mental illness, or supported by independent evidence of torture, is normally justified only in very exceptional…

For liability under the contaminated-land regime, the question is whether the claimant caused or knowingly permitted the relevant substances to be present in…

A copy of a search warrant supplied under the Police and Criminal Evidence Act 1984 must reproduce the complete warrant, including any schedule identifying the…

Immigration detention remains lawful while there is a reasonable prospect of removal within a reasonable time. The court must assess the whole period and weigh…

For the purposes of the four-year enforcement period, substantial completion is assessed by reference to the totality of the building operations originally…

Compensation under Article 5(5) of the European Convention on Human Rights is not necessarily monetary. A finding that Article 5(4) has been breached, together…

Legal title does not conclusively establish beneficial ownership. Where the evidence suggests that transfers were sham transactions designed to conceal a…

A procedural irregularity in the constitution of the Crown Court does not automatically invalidate its decision or render resulting detention unlawful. The…

Judicial review is ordinarily inappropriate where a specialist statutory appeal provides a full review on fact and law. Complaints about evidence, disclosure…

A challenge under Town and Country Planning Act 1990 section 288 is confined to a point of law and cannot reopen the planning merits. A mistake of fact…

For a submission to constitute a fresh claim under paragraph 353 of the Immigration Rules HC 395, it must be significantly different from material previously…

A local authority which offers an age-assessment interviewee an independent adult observer must interpret that policy fairly and consistently. Independence…

On an appeal by way of case stated, the High Court may intervene only where the Crown Court’s decision is wrong in law, in excess of jurisdiction or wrong in…

Immigration detention pending deportation is lawful only for the purpose of effecting deportation and for the period reasonably necessary to achieve it. The…

The duty under section 2 of the Child Support Act 1991 to have regard to the welfare of affected children is ongoing. Although consideration should preferably…

Retrospective tax legislation is not incompatible with Article 1 of Protocol No 1 merely because it imposes liability for past periods. The court must assess…

The judicial review claim succeeded on the issue of fettering. The local authority’s policy was not unlawfully challenged in the broader terms advanced, but…

A sentencing indication given before a pre-sentence report must be made with proper and reasonable regard to applicable definitive sentencing guidelines. An…

A planning permission is invalid where it authorises development materially different from that described in the application, or where the application is so…

A housing authority must exercise the discretion conferred by its allocation scheme. It must consider the applicant’s relevant circumstances rather than apply…

An interim suspension order may be extended where the court is satisfied that continuation remains necessary for the protection of the public or otherwise in…

Under section 16 of the Extradition Act 1989, the court may order discharge unless sufficient cause is shown. That assessment includes reasonableness in all…

Under the Crombie Regulations, eligibility depends on whether the claimant’s employment was wholly or predominantly devoted to assisting the holder of the…

Immigration detention must remain lawful under the Hardial Singh principles and the Secretary of State’s published policy. For mentally ill detainees…

A prisoner’s fundamental right to unimpeded access to the courts and legal advisers may be restricted only in exceptional circumstances. Rule 39 of the Prison…

At the permission stage of judicial review, the court decides only whether the proposed grounds are arguable, not whether they will ultimately succeed. A…

A traditional inquest must investigate fully, fairly and fearlessly how the deceased came by his death, meaning by what means, but the inquiry is not confined…

An adjournment granted to enable an application to be made does not ordinarily create a legitimate expectation that enforcement proceedings will be adjourned…

A foreign conviction resulting from a breach of article 6 does not automatically constitute a flagrant denial of justice. The court must examine the trial as a…

Where a driver elects under section 8(2) of the Road Traffic Act 1988 to replace a breath specimen with a blood or urine specimen, the alternative specimen is…

Judicial review is available to challenge the lawfulness of a Secretary of State’s decision to revoke a prisoner’s licence and recall him. A Parole Board…

A local authority’s decision whether a child appears to require accommodation under section 20 of the Children Act 1989 involves an evaluative judgment. The…

The statutory appeal route under Part 1 of the Extradition Act 2003 excludes collateral challenges by habeas corpus or judicial review once the statutory…

Information falling within section 32(2) of the Freedom of Information Act 2000 remains absolutely exempt after a statutory inquiry has concluded, provided it…

A solicitor’s entitlement to submit interim statute bills depends on the true construction of the retainer and the bills. A contractual reservation of a right…

An exemption for a vehicle being used for funerals does not ordinarily extend to a heavy goods vehicle transporting a hearse and horses to the place where a…

Evidence of an employer’s earlier failures to monitor or act on drivers’ recording breaches may be evidence of the alleged facts of a later offence of…

A prisoner whose licence has been revoked is unlawfully at large if absent from the place where the law requires detention, even when detained abroad by…

When deciding whether to extend an interim suspension order imposed by a professional regulator, the court must assess the gravity of the allegations, the…

A transfer direction under section 47 of the Mental Health Act 1983 cannot lawfully rest only on the risk posed by a prisoner. For psychopathic disorder, the…

Where a control order cannot be maintained because the Secretary of State will not disclose the information required to secure a fair hearing under article 6…

A court has a discretion to order the reinstatement of a probationary police constable whose services were unlawfully dispensed with. The refusal of…

An appeal from a valuation tribunal lies to the High Court only on a question of law arising from the tribunal’s decision. It is not an appeal from the billing…

In applying a housing-allocation policy, “housing conditions” include the effects of living with household members whose disabilities create the relevant…

Under Rule 353, a fresh claim requires a two-stage assessment: whether the new claim is significantly different from earlier claims and, if so, whether it has…

The specialty rule generally prevents an extradited person being prosecuted or punished for a different pre-extradition offence. It does not prevent…

An unappealed tribunal decision binds the Secretary of State as to what the tribunal decided. The Secretary of State cannot use the later grant-of-leave stage…

A refusal of bail by the Crown Court is susceptible to judicial review, but the jurisdiction is exercised very sparingly. The court applies Wednesbury…

Police powers to enter premises without a warrant under section 17(1)(e) of the Police and Criminal Evidence Act 1984 require an apprehension of serious bodily…

A prison disciplinary scheme cannot impose punishment for disciplinary offences outside the statutory rules, even where the detainee appears to consent. The…

In an extradition case, bail requires the court to balance the applicant’s personal circumstances and the delay against the seriousness of the alleged…

When deciding whether to extend an interim suspension order affecting a registrant’s professional registration, the court must weigh delay against the gravity…

On an appeal against extradition, fresh evidence is admissible only where it was unavailable at the extradition hearing, or could not have been obtained with…

A defendant’s costs order may be made where criminal proceedings are discontinued, and it should normally be made unless there are positive reasons to refuse…

A public authority may draw a date-based boundary when reforming public-sector pension arrangements, provided the distinction has a rational connection with…

A review of detention under Article 5(4) must be conducted with reasonable despatch, but whether it is sufficiently speedy is fact-specific. Unexplained…

A registered social landlord’s decision about consent to a mutual exchange of social housing is amenable to judicial review where it is taken in managing and…

Section 16 of the Drug Trafficking Act 1994 applies to assets acquired after the original confiscation order. The High Court was bound, or in practice bound…

Questioning amounts to an interview under Code C only where it concerns a person’s involvement, or suspected involvement, in an offence and the person is at…