High Court: Administrative Court judgments, 2011

A statutory power to suspend a school governor is ineffective where the governing body fails to comply with an express statutory condition governing the…

When assessing planning obligations, the decision-maker may consider the proposed development’s impact on the wider development planned for the area. Whether…

A ministerial policy must be interpreted by asking what a reasonable and literate person would understand it to mean. The court must determine that meaning…

A proposal may be challenged by judicial review before it is formally implemented where it is intended to produce legal consequences through executive action…

The court may decline to grant quashing relief even where a claimant succeeds on significant issues. The outcome depends on the judgment’s substantive findings…

Whether a person is a child is a question of precedent fact for the court. A local authority must make its own initial assessment, although it must have regard…

An oral hearing is not generally required when CART reviews a Category A prisoner’s security categorisation. The question is whether fairness and the common…

Service of a notice under section 172 of the Road Traffic Act 1988 may be effective when the notice is properly posted to the appropriate address, even if the…

A public authority’s decision to withdraw funding is unlawful only if it crosses the high threshold of irrationality. A funding body may organise a competitive…

A contested application for a production order must be conducted fairly. Subject to public interest immunity, a party is entitled to know the evidence on which…

A recreation ground provided and maintained under section 80 of the Housing Act 1936, and laid out for general public use, may lawfully be used by people…

A concessionary immigration policy must be applied according to its express exclusions. Where the policy refers to Refugee Convention Article 1F(a) and (c)…

A search warrant is valid where the court is satisfied, on the evidence available at the hearing, that there are reasonable grounds for suspecting the…

Schedule 7 to the Terrorism Act 2000 permits questioning and related powers without reasonable suspicion, but only for the statutory purpose of determining…

A development plan document must be founded on a robust and credible evidence base and must be justified, effective, deliverable, flexible and capable of being…

In extradition proceedings, the requesting authority must establish beyond reasonable doubt that the requested person deliberately absented himself from…

The Mental Capacity Act 2005 authorises and safeguards deprivation of liberty but does not impose a duty or confer a power on a local authority to provide…

Judicial review of decisions under the Police Appeals Tribunal Rules 2008 is ordinarily inappropriate for interim or procedural decisions capable of correction…

A person seeking waiver of an entry-clearance fee must show that the case falls within the Secretary of State’s policy, that refusal would be irrational in…

A local authority setting fees for contracted residential care must comply with its statutory duties, applicable guidance and the requirements of rational…

A general challenge to an Immigration Rule may succeed where the rule’s adoption is unlawful or where its operation is incapable of being Convention-compliant…

Under section 172(4) of the Road Traffic Act 1988, the keeper’s knowledge and reasonable diligence are assessed at the time of the police request for driver…

An asylum applicant may have an effective remedy even without an immediate merits appeal against refusal of asylum. The remedy must be adequate and available…

Permission to appeal should be refused where the proposed grounds have no real prospect of success and there is no other compelling reason for an appeal to be…

The general rule is that an unsuccessful party pays the successful party’s costs. A departure is not justified merely because the successful claimant failed on…

In police disciplinary proceedings, serious dishonesty or lack of integrity in an operational investigation will almost invariably justify dismissal or a…

A Member State in breach of air-quality limit values is not obliged to use the statutory mechanism for postponing the compliance deadline. Article 22 of…

In an age-assessment judicial review, the court must determine the claimant’s age itself rather than review the local authority’s assessment. At the permission…

When a fitness to practise panel considers whether a voluntary erasure application should be heard publicly, it must balance the practitioner’s health, privacy…

A clear and unqualified promise by a public authority may create a substantive legitimate expectation that further action will not be taken. The authority…

Under section 5(1) of the Immigration Act 1971, a deportation order invalidates existing leave to remain. A successful appeal against refusal to revoke that…

Whether a person is a Gypsy or Traveller for planning purposes is a functional question of fact and degree, assessed by reference to the person’s way of life…

The High Court’s power to intervene in bail decisions after the statutory changes in 2003 is confined to ordinary judicial review principles and must be…

A prison disciplinary adjudication is fair if the adjudicator determines whether the charge is proved to the criminal standard on the evidence before him. A…

A local authority deciding to close a service must ask the right question and take reasonable steps to obtain the information needed to answer it rationally.…

Where public authorities unlawfully remove persons from the United Kingdom, the court may order their return as restitutive relief. The discretion must be…

For exclusion from humanitarian protection on the ground of a serious crime, the decision-maker must assess whether the material establishes a serious belief…

At the permission stage of an age-assessment judicial review, the court should ask whether the evidence, taken at its highest, could properly succeed at a…

A statutory decision-maker may select any established index which he genuinely and rationally considers a fair and genuine measure of the general level of…

A local authority fixing the usual cost of publicly funded care must properly ascertain and take into account the actual cost of providing care once providers…

A renewed application for permission is not the appropriate procedure to challenge only the principle or amount of a costs order made when permission is…

A national rule governing the domestic parliamentary franchise may engage EU free-movement rights even though the franchise remains within national competence.…

During the preparation of development plan documents, a local planning authority must have regard to the relevant regional strategy, but the statutory…

A criminal trial is not necessarily unfair, or abusive, because the judge does not use the precise wording of a practice direction concerning the defendant’s…

An application to transfer a criminal representation order requires a substantial compelling reason under regulation 16 of the Criminal Defence Service…

Planning policy allocating indicative waste-treatment capacity should be construed in its full policy context. A capacity figure is not necessarily a mandatory…

In reviewing Category A prisoner re-categorisation, the court must assess current and future risk rather than rely solely on the seriousness of the index…

A pre-tariff review decision is not irrational merely because the prisoner has completed earlier targets or because outstanding work consists of assessments.…

A policy may use a custodial sentence of at least 12 months as a measure of “serious crime” for humanitarian protection and discretionary leave purposes. That…

An age assessment of a borderline-age asylum seeker must meet minimum standards of inquiry and fairness. Except in clear cases, age cannot be determined solely…

Detention pending deportation must comply with the Hardial Singh principles. The Secretary of State must intend to deport, detention must remain reasonable in…

When a further planning permission is needed to implement or operate an existing permission, the benefits and impacts of the existing permission may be…

Judicial review of a decision to retain a police caution concerns the lawfulness of the decision-making process, not a rehearing of the underlying facts. A…

A material intensification of an established use may constitute a breach of planning control even where the land had a long history of related activity. The…

In a statutory planning appeal, the development plan must be read as a whole. A policy permitting conversions or subdivisions to be favourably considered does…

For an in-country appeal under section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002, the appellant must have made the human rights claim before…

A clearly unfounded certificate may be issued where, on any legitimate view, the proposed human-rights appeal would fail. In Dublin II cases, the receiving…

Section 5 of the Public Order Act 1986 does not criminalise swearing in public by itself. The prosecution must prove threatening, abusive or insulting words or…

The General Dental Council may use and disclose confidential patient records in professional disciplinary proceedings without first obtaining a court order…

A search warrant under section 8 of the Police and Criminal Evidence Act 1984 is lawful only if the statutory criteria are applied. Incomplete reasons are not…

For an immigration application, the date of submission is the date on which a valid application is made. Where required photographs were enclosed with the…

A library authority cannot lawfully determine whether its service is comprehensive and efficient without first assessing the needs that the service is intended…

For a lawful search based partly on police intelligence about a group, there must be a sufficient link between the intelligence and the persons searched. That…

A preliminary issue should be ordered only sparingly. The court must first ask whether deciding it would determine the dispute or a substantial aspect of it.…

A failure without reasonable excuse to comply with a notice requiring documents or information under the Legal Services Act 2007 may be dealt with as if it…

Immigration detention remains lawful only while there is a realistic prospect of deportation within a reasonable time. The court must assess that question…

A Local Government Ombudsman may discontinue an investigation where satisfied with the authority’s action or proposed action, even if the investigation is…

Local authorities may set adult social care eligibility thresholds by reference to available resources, but they must use the statutory guidance framework and…

On an appeal against refusal to renew a hackney carriage or private hire driver’s licence, the appellate magistrates must conduct a rehearing while giving…

A local authority fixing the usual cost of publicly funded residential care must have due regard to the actual costs of providing care and relevant local…

A lawful consultation must occur while proposals remain formative, provide sufficient reasons for an intelligent response, allow adequate time, and require…

A coroner’s decisions in an inquisitorial inquest attract substantial supervisory latitude. The court reviews legality, fairness and rationality, rather than…

On an appeal under section 40 of the Medical Act 1983, the court has full jurisdiction but should respect the specialist tribunal’s assessment of evidence…

For the purposes of the Planning Act 2008, “dwellings” must be construed in the context of the planning scheme and its statutory purpose. Temporary…

A statutory challenge to a development plan document under section 113 of the Planning and Compulsory Purchase Act 2004 must be brought within six weeks…

A planning inspector may assess the likely consequences of proposed development for protected trees, including the risk that future occupiers will seek their…

The sufficiency of an environmental statement remains subject to the orthodox Wednesbury standard of review. A court at first instance cannot replace that…

On a statutory appeal from a Fitness to Practise Panel, the Administrative Court conducts a rehearing but gives appropriate weight to the Panel’s expertise. It…

Under the immigration rules, a substantive or material eligibility requirement must be introduced through amended rules laid before Parliament under the…

Under Part 1 of the Extradition Act 2003, national provisions must, so far as possible, be construed consistently with the mutual-recognition purpose of the…

The statutory high-hedges procedure is a public law administrative process, not an adjudication of a private nuisance claim. The full civil fair-hearing…

In a competitive public tender, a contracting authority may reject an application that is incomplete, submitted on the wrong form or contains fundamental…

Detention under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 is subject to the Hardial Singh principles. Those principles are conditions precedent…

In a disputed local-authority age assessment under the Children Act 1989, whether a person is a child is an objective precedent fact for the court, determined…

When assessing an application that seeks to amend a partially implemented development in the green belt, the decision-maker must identify the development for…

Section 55 of the Borders, Citizenship and Immigration Act 2009 applies to immigration decisions affecting a child, including a self-volunteered application…

Support under section 4 of the Immigration and Asylum Act 1999 is residual to the local authority’s functions under section 17 of the Children Act 1989. Its…

A country guidance determination is not a legal precedent, but it is an important and generally authoritative starting point where the same or similar evidence…

For civil recovery under Part V of the Proceeds of Crime Act 2002, the enforcement authority must identify conduct of an identifiable unlawful kind and prove…

In determining costs after judicial review proceedings, the court must balance the parties’ success and failure, the aims pursued, the conduct of the…

Withdrawal of sponsorship and a Certificate of Acceptance for Studies may constitute a material change of circumstances removing the basis for student leave to…

Contempt of court requires proof beyond reasonable doubt that a statement or representation was false, materially likely to interfere with the course of…

An appellate court reviewing a professional disciplinary decision must apply the statutory appeal test and give appropriate weight to the specialist tribunal’s…

For council tax purposes, the existence of a hereditament and its valuation are distinct questions. A dwelling remains a hereditament where, having regard to…

Under the Conservation of Habitats and Species Regulations 2010, the planning authority must independently consider whether a development may affect a European…

The statutory housing benefit scheme requires a balance between assisting claimants with rent and protecting public funds. The primary legislation does not…

A library authority must take reasonable steps to inform itself about local library needs before deciding whether its proposed service is comprehensive and…

A local planning authority may use section 178 of the Town and Country Planning Act 1990 to secure compliance with effective enforcement notices, even where…

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

An appeal against an extradition decision must be brought within the strict seven-day period prescribed by the Extradition Act. The court has no power to…

Joint legal advice privilege may arise between a company, its directors or senior employees and their lawyers even without a formal joint retainer. The…

A magistrates’ court may infer that a non-English-speaking suspect understood a requirement and warning given through an accredited interpreter. The…

A search or seizure warrant is a serious interference with individual liberty. The applicant must make full, complete and frank disclosure to the magistrate…

Judicial review of a non-appealable Upper Tribunal decision must be conducted within the strict framework established by Cart v The Upper Tribunal [2011] UKSC…

Compliance with the Immigration Rules does not exhaust the Secretary of State’s discretion in an application for further leave to remain. The discretion must…

Immigration detention pending deportation is lawful only for a period reasonably necessary to achieve removal. Detention must end when it becomes apparent that…

Contempt consisting of knowingly false statements verified by Statements of Truth requires proof that the statements were false to the defendant’s knowledge…

On an appeal under section 10 of the Prevention of Terrorism Act 2005, the court must scrutinise intensely whether each control-order obligation remains…

In practical operational guidance, “real risk” and “serious risk” of torture or cruel, inhuman or degrading treatment may be materially interchangeable. The…

A statutory power to detain a person pending deportation must be exercised for a deportation-related purpose and consistently with the Hardial Singh…

On consequential matters following dismissal of a judicial review claim, the court may reduce a successful defendant’s recoverable costs where the litigation…

A statutory appeal under section 288 of the Town and Country Planning Act 1990 is a challenge to the legality of the decision, not a rehearing on planning…

A prison governor must comply with the mandatory national policy governing prisoners’ distance-learning applications. A local protocol is unlawful if it…

A refusal to treat further human-rights representations as a fresh claim is reviewable on Wednesbury grounds, applying anxious scrutiny. The question is…

In deciding whether information should be included in an enhanced criminal record certificate, the chief officer must separately consider whether it might be…

An immigration application unaccompanied by the prescribed fee is invalid. It does not become an extant application capable of engaging transitional…

A court conducting extradition proceedings under Part 1 of the Extradition Act 2003 possesses an implied jurisdiction to prevent abuse of its process.…

Section 11 of the Children Act 2004 requires chief officers of police to perform their existing functions having regard to the need to safeguard and promote…

A fair-process breach does not necessarily create a separate substantive breach of Article 8. Where a fair process would probably have produced the same…

Judicial review of a decision under paragraph 353 of the Immigration Rules is concerned with the reasonableness of the Secretary of State’s fresh-claim…

An application under section 288 of the Town and Country Planning Act 1990 is confined to validity, statutory compliance and procedural legality. It is not a…

Under Nursing and Midwifery Order 2001, art 31(8), the court may extend an interim order where the substantive regulatory proceedings may not be completed…

An extradition appeal under Part 1 of the Extradition Act 2003 is invalid unless notice is both filed and served within the statutory seven-day period. The…

The statutory duty to have due regard to disability equality requires a public authority to consider the relevant needs in a manner appropriate to the…

Where a prosecutor proposes to disclose the identity of a police informant or other person who supplied information in confidence, and the person objects, the…

A removal decision may be unlawful where the decision-maker materially misunderstands the factual basis of an out-of-time appeal application and fails to…

On an application for an interim injunction, the claimant must show an arguable case that the proposed administrative action is unlawful. A permission-stage…

A writ of habeas corpus is unavailable where the claimant has been convicted and sentenced lawfully by a competent criminal court. The procedure cannot be used…

Habeas corpus is concerned with the lawfulness of detention. It is not the appropriate remedy for complaints about prison conditions, medication or other…

For transitional sentencing provisions, an offender is ordinarily treated as sentenced when the first-instance court imposes sentence after conviction. The…

An abatement notice for noise need identify the general kind of statutory nuisance, but need not specify every activity said to cause it or prescribe noise…

Under paragraph 353 of the Immigration Rules, further representations amount to a fresh claim only where their previously unconsidered content, taken with the…

Immigration detention pending deportation is lawful only while there is a realistic prospect of removal within a reasonable period. A detainee’s refusal to…

In a public law licensing scheme, a decision-maker may maintain a high index of suspicion where immigration control is at stake, but must still act fairly.…

A decision to abolish an established parish cannot rationally be based on the majority view of respondents to a consultation where most electors did not…

At the permission stage of a judicial review, the claimant must identify an arguable basis for concluding that the decision-maker acted unlawfully. A minister…

A local authority exercising a statutory discretion to demolish a ruinous building is not irrational merely because another reasonable authority might allow…

In an enforcement appeal under the Town and Country Planning Act 1990, the question whether a twin-unit structure is a caravan is one of fact, not planning…

A state listed as safe under Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is treated as safe only for the…

Benefits under a statutory civil-service compensation scheme may constitute possessions under Article 1 of Protocol 1 where domestic law and established…

An arrangement is an “NFFO arrangement” or “qualifying arrangement” only while it remains contractually effective to secure the provision and purchase of…

Immigration detention of a person suffering from serious mental illness is lawful only where the published policy requiring detention in very exceptional…

Immigration bail conditions must be assessed in the claimant’s concrete situation. A 16-hour curfew, together with additional restrictions, does not…

Under Town and Country Planning Act 1990, a screening direction is ordinarily determinative of whether development is EIA development. An inspector need not…

Contempt of court may be established where publication creates a substantial risk of impeding or prejudicing the course of justice, even though the risk…

A screening decision under the environmental impact assessment regime must give sufficient information and reasoning to enable interested persons to check that…

A difference in survivor-pension treatment based on sex may be justified where it formed part of the gradual correction of historical factual inequalities.…

On a review of a control order, the court must determine whether the Secretary of State’s decisions were flawed by applying judicial-review principles. The…

Under section 2(2) of the Contempt of Court Act 1981, the relevant question is whether publication created a substantial risk that active criminal proceedings…

Article 8 requires a fact-sensitive proportionality assessment. The question whether family members can reasonably relocate, and the existence of…

A person commits the first-limb offence under Highway Act 1835, section 72, by wilfully riding on a footpath; the prosecution need not prove that the thing…

Immunity for a foreign official depends on the applicable customary international law rule and its factual conditions. A Special Mission requires the prior…

Age disputes require the court first to assess the available evidence and determine the most likely age. The burden of proof is a fallback where the court…

A writ of habeas corpus requires the respondent to have actual power or control to deliver the detainee. The writ may issue to investigate uncertain…

For the purposes of the drunken-driving offence, a vehicle may be driven on a road without any wheel or other part being in contact with the road surface. The…

A child validly committed to the Crown Court for trial with an adult must ordinarily be tried there, even if the adult later pleads guilty, unless legislation…

A defect in an immigration notice does not necessarily invalidate the underlying decision. The court must ask what consequence Parliament intended to attach to…

Immigration detention must remain justified by a continuing and lawful balancing exercise. Mental illness creates a strong presumption in favour of release…

Whether a project is likely to have significant effects on the environment is a fact-sensitive judgment for the expert planning decision-maker. The expression…

A professional performance assessment is one part of the evidence before a Fitness to Practise Panel. The Panel must consider the whole evidential record and…

A final order cannot generally be varied under CPR 3.1(7) merely because a party later appreciates the significance of circumstances known when the order was…

In judicial review of a national funding decision, the court should assess whether the decision-maker asked the legally relevant question and reached a…

Control-order proceedings may be stayed under the court’s general case-management powers where the orders have been revoked and continuation would serve no…

Part VI of the Criminal Justice Act 1988 applies ordinary property and trust law principles when identifying a defendant’s interest in realisable property. The…

The power to appoint a replacement member of a professional disciplinary panel may extend beyond the panel’s initial constitution. Its exercise is subject to…

On an appeal under section 289 of the Town and Country Planning Act 1990, the High Court determines points of law arising from the Secretary of State’s…

A European arrest warrant may validly contain both accusation matters and conviction matters. Section 2(2) of the Extradition Act 2003 identifies alternative…

A disciplinary tribunal must not rely on separate alleged misconduct that was never charged or fairly put to the registrant when selecting a sanction. If such…

A criminal defendant who may be unable to follow proceedings or give evidence adequately without assistance may, under the common law, have a right—and in…

An interim suspension order imposed by a professional regulator may be extended where the court is satisfied that continued suspension is necessary for the…

In fixing a penalty for contempt arising from the publication of material capable of affecting a criminal trial, the court must assess the seriousness of the…

The repeal of the statutory suspension of a deprivation order did not impliedly preserve British citizenship pending an appeal. It permitted deprivation and…

An interim suspension order is not extended automatically. The court must assess whether an extension remains justified in the circumstances, having regard to…

An interim suspension order may be extended under article 31(8) of the Nursing and Midwifery Order 2001 where the court is satisfied, on the material before…

In reviewing a non-derogating control order, the court must assess whether the statutory requirements were satisfied both when the order was made and at the…

For Mental Health Act 1983 section 117, responsibility for after-care ordinarily rests with one local social services authority, identified by the patient’s…

Criminal Justice and Police Act 2001, section 59(6), confers a discretionary power to authorise retention of property seized in the exercise or purported…

In determining conservation area consent, the statutory duty to pay special attention to preserving or enhancing the area does not impose an absolute…

Under section 3(8) of the Immigration Act 1971, a person asserting British citizenship bears the burden of proving it. Where the claimant has repeatedly used…

Contempt for a false statement of truth requires proof beyond reasonable doubt that the statement was made without an honest belief in its truth and that the…

A failure by a magistrate to give reasons for issuing a search warrant does not automatically invalidate the warrant. The reviewing court may infer the reasons…

Environmental effects relevant to an Environmental Impact Assessment screening decision include indirect effects which are part of the development scheme, even…

A detention policy breach makes detention unlawful where it is material to, and sufficiently closely related to, the decision to detain. It is unnecessary to…

In proceedings for failure to comply with an enforcement notice, a magistrates’ court must ordinarily take the notice at face value, subject only to proper…

A renewed application for permission to bring judicial review will be dismissed where the proposed claim is unarguable on the papers. A court need not repeat…

An Article 3 investigative duty is fact-sensitive. It does not invariably require an independent public inquiry where other criminal, civil, disciplinary or…

A finding that delegated legislation is unlawful should normally lead to a quashing order, but relief remains discretionary. The court must evaluate all…

CAFCASS is subject to general statutory duties to make provision for children to be represented in care proceedings and for the performance of children’s…

On a statutory appeal under section 40 of the Medical Act 1983, the Administrative Court conducts a rehearing but gives appropriate respect to the specialist…

In determining a planning appeal concerning a waste facility, the Secretary of State had to exercise his functions for the purpose of implementing article 4 of…

In deciding whether a proposal is within Schedule 2 to the Town and Country Planning Environmental Impact Assessment England and Wales Regulations 1999, a…

Judicial review of an Upper Tribunal refusal of permission to appeal is available only within the restricted framework identified in R (Cart) v Upper Tribunal…

A planning decision may be quashed for inadequate reasons where the decision-maker rejects coherent, reasoned expert evidence on the principal controversial…

In reviewing a decision on further submissions, the court asks whether the Secretary of State identified the correct question and applied anxious scrutiny. If…

For naturalisation, “good character” is an evaluative requirement. The Secretary of State may adopt a high standard and may treat sustained support for an…

An adjournment in an extradition appeal should be refused where the proposed further evidence would add no material value and there is no real prospect that it…

On an appeal against extradition, fresh evidence may be admitted where it was unavailable, and could not with reasonable diligence have been obtained, at the…

Appellants must identify, in their grounds of appeal, why the decision under challenge was wrong. A bare assertion of a right or intention to appeal is…

In extradition cases, separation from a partner and young children will ordinarily carry little weight in the Article 8 proportionality assessment.…

Extradition will not be prevented by interference with private life unless the interference reaches the substantial threshold required by Article 8. A general…

Before committing a person to prison for unpaid council tax, magistrates must comply strictly with the statutory inquiries. They must consider each liability…

A local housing authority may use quotas and restricted labelling within an allocation scheme, provided the scheme complies with the statutory…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court may intervene for an error of law, but not to reconsider planning merits…

In a planning costs application, quashing an enforcement notice for technical uncertainty does not create a presumption that the authority acted unreasonably…

Joint legal ownership ordinarily supports an inference of equal beneficial ownership, but that inference may be displaced by evidence of the parties’ common…

Where immigration detainee custody officers escort a detained person during enforced removal, their functions under Part VIII of the Immigration and Asylum Act…

Whether possession of an offensive weapon amounts to a reasonable excuse because of anticipated attack is an objective question for the fact-finder. The…

A magistrates’ court has a discretion to adjourn criminal proceedings and permit the prosecution to reopen its case. The discretion must be exercised…

Procedural fairness may require an oral hearing before a Category A prisoner’s security categorisation is maintained. The question is fact-specific and is for…

The duty of due regard under section 49A of the Disability Discrimination Act 1995 is substantive and context-sensitive. A public authority must consider the…

On a case-stated appeal, a defendant may in principle be convicted of reckless assault even where the prosecution case alleges an intentional assault. The…

On an appeal from the Solicitors Disciplinary Tribunal, the High Court normally proceeds by way of review and must accord considerable respect to the…

Under section 25 of the Extradition Act 2003, extradition may be oppressive where the person’s physical or mental condition creates a substantial or very high…

An extended sentence under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 is a sentence of imprisonment for the aggregate of its custodial…

Revocation of work permits following compliance concerns is lawful where the employer is given a meaningful opportunity to respond and the decision-maker…

A planning decision may be quashed for procedural unfairness where an objector is wrongly prevented from addressing the committee and the error causes…

Whether waste has been “deposited” under section 33 of the Environmental Protection Act 1990 depends on the statutory context and the ordinary meaning of the…

In a development plan examination, the Inspector must examine the document submitted by the local planning authority. A site omitted from the final…

A local authority must identify and assess a disabled person’s relevant needs. Once such a need is established under section 2 of the Chronically Sick and…

Interference with family life resulting from extradition will ordinarily be proportionate to the legitimate objective of surrender. Article 8 will justify…

In professional disciplinary proceedings, hearsay is not automatically unfair merely because it is the sole or decisive evidence, and there is no unqualified…

For an extradition appeal under Part 2 of the Extradition Act 2003, notice must be both filed and served within the statutory fourteen-day period. The court…

A policy granting recognised refugees five years’ renewable leave, with longer or indefinite leave reserved for the most exceptional cases, is compatible with…

For the criminal offence of failing to notify a change affecting benefit entitlement, the prosecution must prove every statutory ingredient beyond reasonable…

A right to resume a previous lawful use after expiry of a time-limited planning permission need not be exercised immediately. However, the statutory wording…

A school may adopt a strict and conservative appearance policy, including different rules for boys and girls, provided it complies with equality law. A…

A juror commits contempt by conducting internet research into matters relevant to the trial or communicating with a defendant about the case while…

Where legislation confers broad powers to reorganise court accommodation and imposes no express consultation duty, the decision-maker may define the scope of…

Where a public authority undertakes consultation without an express statutory obligation, the consultation must nevertheless be fair. It must occur while…

For an appeal under section 26(4) of the Extradition Act 2003, notice must be both filed and served within the seven-day period. The document must purport to…

Common-law procedural fairness may require an oral hearing before a decision to retain a prisoner in Category A, even though no legislation or prison…

The statutory power to regulate arrangements for primary medical services included power to provide for termination by a commissioning body on six months’…

In disputed age-assessment claims, the court must determine the claimant’s age for itself. The assessment requires a holistic evaluation of the claimant’s…

Age assessment must be conducted holistically. A decision-maker cannot determine age solely from physical appearance or demeanour. Relevant matters include the…

A building is a council-tax dwelling, and therefore a hereditament, when it is capable of occupation for the purpose for which it is intended to be used. The…

A public authority supervising Tier 4 sponsors may restrict, suspend or revoke a sponsor licence where reasonable grounds indicate a risk to immigration…

On an appeal against renewal of a non-derogating control order, the court determines whether the renewal decisions are presently flawed under the renewal…

Immigration detention may cease to be lawful when its duration becomes excessive in all the circumstances, even where release would create a substantial risk…

A prosecutorial policy is not unlawful merely because it does not set out every potentially relevant factor in detail. The formulation of prosecutorial policy…

On a statutory appeal limited to a question of law, the High Court will not revisit a tribunal’s factual assessment merely because the evidence could have…

For dual criminality under Part 1 of the Extradition Act 2003, the court must examine the conduct described in the European arrest warrant, rather than require…

Where the foreign court has not yet decided whether an activated sentence should be postponed or deactivated, an English extradition court must determine the…

A decision notice issued by a financial regulator is provisional where the subject refers it to the Upper Tribunal. The statutory publication regime therefore…

Article 2 requires effective systems protecting life, but it does not convert individual failings within an adequate system into a systemic breach. The…

Whether procedural fairness requires an oral hearing in a prisoner categorisation review is fact-specific. The court must decide whether an oral hearing would…

On judicial review, the court reviews legality, procedural fairness and rationality rather than rehearing the underlying merits. Immigration application…

A court may enquire into an alleged failure to comply with a Legal Services Act 2007 notice and, where the failure is without reasonable excuse, may deal with…

After an immigration appeal has been allowed, the decision-maker must consider any re-submitted entry-clearance application within a reasonable time, follow…

For double criminality under the Extradition Act 2003, the court applies a conduct test. It asks whether the conduct described in the European Arrest Warrant…

Continued segregation of a prisoner under Prison Rule 45 is lawful where there are reasonable grounds to believe that the prisoner’s behaviour remains…

Licence conditions must be assessed as a package when deciding whether they deprive a person of liberty under Article 5. The length of a curfew is important…

A local authority may decide whether a child placed for adoption should remain with prospective adopters until an adoption application is made. Section 35(2)…

In an appeal from a fitness to practise decision, dishonesty is established on the balance of probabilities. The seriousness of the allegation affects the…

On a licensing appeal, deciding whether restrictions are necessary and proportionate to promote the licensing objectives is principally a matter of judgment.…

A local housing authority must take reasonable steps to consult persons likely to be affected by a selective licensing designation. Consultation on general…

The CPS’s decision not to prosecute may be subject to judicial review in an appropriate case. Although courts are generally reluctant to interfere with…

In a competitive tender, a procuring authority may award additional credit for higher professional qualifications, even where some bidders cannot obtain them…

In determining whether a prison order requiring a fasting prisoner to provide a urine sample is lawful, the decision-maker must consider the prisoner’s Article…

In a Crown Court appeal by way of rehearing, a tribunal determining guilt should not read a pre-sentence report before hearing the evidence. Such reports are…

In extradition proceedings under Part 1 of the Extradition Act 2003, the executing court should recognise the requesting state’s designation of its judicial…

Privilege against self-incrimination may arise when permission is sought to serve a disclosure notice under section 49 of the Regulation of Investigatory…

Article 8 may impose positive obligations on public authorities to take reasonable steps to safeguard private life. In an arguable case, this may include…

A European Arrest Warrant may include both conviction matters and accusation matters. The warrant must nevertheless make the distinction sufficiently clear and…

On an appeal under section 10 of the Prevention of Terrorism Act 2005, the court examines whether the challenged modification was flawed by applying…

A prisoner who is liable to removal from the United Kingdom is statutorily excluded from Home Detention Curfew under Criminal Justice Act 2003, section…

Certification under section 18(5) of the Animal Welfare Act 2006 need not be in writing. An oral certification by a veterinary surgeon can authorise an…

Under the Police and Criminal Evidence Act 1984, statutory detention periods are calculated from the same fixed “relevant time”. A warrant of further detention…

Where consecutive sentences include offences committed before and after 4 April 2005, the transitional provisions do not preserve a separate three-quarter…

A public authority deciding a policy likely to affect disabled people must give conscious and properly informed regard to the statutory equality…

Local Government Act 1972, section 123 imposes an outcome duty: the council must obtain the best consideration reasonably obtainable, but need not follow a…

A planning committee need not be reminded that it may reject its planning officer’s advice where that is legally obvious and the committee has been given the…

A hackney carriage licence may be renewed under section 60 of the Local Government (Miscellaneous Provisions) Act 1976 after the one-year period in section 43…

Article 8 does not make extradition disproportionate merely because the defendant’s partner and children will suffer from the separation. The court must assess…

Damages for unlawful immigration detention are compensatory and fact-sensitive. Inactivity and administrative drift do not, without more, amount to the…

Immigration detention pending deportation must remain directed to deportation and must last no longer than is reasonable in all the circumstances. The court…

An European arrest warrant remains valid despite an immaterial typographical error where the warrant, read as a whole, gives a sensible and non-misleading…

Where a child or young person charged with murder appears before a Youth Court, the court cannot grant bail, but it must still determine the appropriate form…

The statutory scheme confers a broad discretion to formulate legal-aid funding criteria. The factors in section 8(2) of the Access to Justice Act 1999 provide…

For the purposes of section 36 of the Extradition Act 2003, the relevant required period is the ten-day period currently running under the statutory scheme.…

On an extradition appeal, the court must determine whether new evidence would have required the extradition judge to order discharge. Under section 25 of the…

Judicial review does not lie against sentencing consequences arising from a trial on indictment where the statutory exclusion applies. Confiscation orders…

Deliberate and persistent false statements of truth in support of a damages claim are a grave contempt of court. They undermine the administration of justice…

A third party may assert an interest in property subject to confiscation proceedings, and the court may determine that claim when considering an enforcement…

A court should not lightly interfere with the Parole Board’s assessment of risk. That restraint does not permit a decision based, or possibly based, on a…

When deciding whether to extend a custody time limit, the court must be satisfied that the statutory conditions are met, including that the prosecution has…

In a statutory appeal from a fitness to practise decision, a professional disciplinary panel may rely on a further fact emerging during the hearing if the…

A police medical appeal board determining entitlement to an injury pension must decide, on the balance of probabilities, the factual and medical issues…

An allegation of apparent bias is assessed by considering all relevant circumstances and asking whether a fair-minded and informed observer would conclude that…

A person aggrieved by a tree preservation order must show a sufficiently substantial connection with the planning process or a relevant interest in the…

Under the Financial Services and Markets Act 2000, excluding FSA Principles from civil actionability removes only a court cause of action. It does not prevent…

An extradition hearing may proceed in the requested person’s absence where the person is represented. Representation is treated as presence unless an enactment…

Consultation with a nearest relative before an application under section 3 of the Mental Health Act 1983 must be sufficiently informed and effective. It…

Whether a European arrest warrant is an accusation warrant or a conviction warrant must be determined within the scheme of the Extradition Act 2003, having…

Statistical information is not necessarily personal data merely because the data controller holds information capable of identifying the individuals from whom…

Primary legislation does not constitute an enforceable technical regulation merely because it establishes a framework for later rules. The relevant obligations…

Whether procedural fairness requires an oral hearing before the Parole Board depends on the circumstances of the particular case. The central question is…

A breach by a billing authority of its duty to provide information for the alteration of a non-domestic rating list does not qualify the liability created by…

A reasonably established breach of a prisoner’s licence does not automatically justify recall. The Secretary of State must separately consider the prisoner’s…

Article 6 ECHR is not engaged in ordinary employment disciplinary proceedings where the only consequence is loss of a particular job. It may apply where the…

Immigration detention must remain within the Hardial Singh limits. The Secretary of State must intend to deport, act with reasonable diligence and expedition…

For the purposes of section 20 of the Extradition Act 2003, whether a person was convicted in her presence depends on the legal process in the requesting…

A burial authority may adopt an accreditation policy for memorial masons where it is necessary for the proper management, regulation and control of its…

In a competitive public tender, a general duty of fairness is subject to the overriding requirement that all tenderers receive equal treatment. Where an…

Where the Secretary of State agrees to reconsider a fresh-claim decision, the judicial review proceedings should normally end by quashing the challenged…

In a public procurement exercise, a contracting authority may be required by proportionality to depart from strict tender conditions in exceptional…

Preventive police action to avert a breach of the peace is lawful only where the apprehended breach is imminent. Imminence is fact-sensitive, but the concept…

A public authority’s adopted practice may generate a legitimate expectation even where it is described as guidance or best practice. The relevant question is…

A finding that a practitioner’s fitness to practise is not impaired must reflect both present risk and the wider public interest. A panel must consider whether…

Article 3 of the European Convention on Human Rights has only a limited application to life sentences in extradition cases. The question is whether extradition…

Under the Road Traffic Act 1988, a urine specimen is provided when supplied to the requesting police officer, not when urine leaves the motorist’s body. Where…

Article 31 of the 1951 Refugee Convention and section 31 of the Immigration and Asylum Act 1999 protect a refugee or asylum seeker from penalties for…

Where a public authority undertakes consultation, fairness is assessed in the circumstances and the decision-maker usually has a broad discretion as to its…

Under section 21(1) of the Extradition Act 2003, the District Judge must decide whether extradition is compatible with the requested person’s Convention…

Under Army Act 1955, section 180, the Army Board’s duty is defined by the complaint made to it. It must investigate that complaint and grant such redress as…

A public healthcare body has a wide area of discretionary judgment when allocating limited medical resources. Subject to rationality, Article 8 does not…

Guidance may explain how immigration powers will be exercised without being included in the Immigration Rules, provided it does not introduce a material or…

An interim suspension order may be extended where the regulatory investigation is ready for final hearing but the existing order will expire before that…

Where an interim suspension order concerning professional registration is due to expire, the court may extend it on an application supported by served…

A policy governing early release on home detention curfew may lawfully create a presumption of unsuitability for specified offences, provided the…

Where another court has already determined substantially the same issue on substantially the same evidence, it is ordinarily not open to a later court of…

For an arrest under section 24 of the Police and Criminal Evidence Act 1984, the question is whether the constable had reasonable grounds to suspect an offence…

At a review following suspension for misconduct, the Fitness to Practise Panel must consider whether the concerns underlying the original impairment finding…

A prisoner’s individual delay in accessing offending-behaviour work does not, without wider evidence, establish a systemic breach of any public law duty to…

An acquittal in criminal proceedings does not, without more, prevent a professional disciplinary tribunal from considering substantially the same conduct.…

An acquitted funded defendant may be made subject to a recovery of defence costs order only in exceptional circumstances. The relevant circumstances are not…

Under section 26(4) of the Extradition Act 2003, an appeal notice must be filed and served within seven days. Service requires, at the least, a document which…

Public authorities must give due regard to statutory equality duties before and when making a decision that may adversely affect disadvantaged groups. The duty…

Procedural fairness may require the Parole Board to hold an oral hearing even where there is no disputed issue of fact and no realistic prospect of immediate…

For council tax student-disregard purposes, the statutory conditions defining a full-time course are applied to the course itself, rather than individually to…

On a statutory appeal from a professional disciplinary tribunal, the court conducts an appellate re-hearing and may correct material errors of fact or law. It…

For a multi-stage development likely to affect the environment, an environmental impact assessment must provide sufficient information at the earliest relevant…

For a person lacking capacity, confinement in a restricted space for more than a negligible period, without valid consent and with State responsibility…

Deemed consent for an advertisement under class 13 requires compliance with every applicable condition throughout the relevant ten-year period. A temporary…

In extradition proceedings, expiry of the limitation period for an offence may prevent extradition where the warrant and further information establish that no…

A proposed extradition will be prevented on health grounds only where the person’s physical or mental condition is exceptionally serious and cannot adequately…

Under the automatic deportation scheme, the UK Borders Act 2007 circumscribes existing deportation powers under the Immigration Act 1971; it does not create…

In extradition proceedings, substantial delay may make return oppressive even where the requesting state is not shown to have acted culpably. The court must…

A disciplinary tribunal has primary responsibility for assessing the seriousness of professional misconduct and the appropriate sanction. The High Court should…

On an application for permission to seek judicial review of a licensing appeal, the court must apply the judicial-review threshold of arguability rather than…

Extradition to a European Union member state may be resisted for abuse of process, unfair trial, prison conditions or delay, but each ground has a demanding…

An environmental report accompanying a development plan must contain, or clearly identify, the information required by the applicable strategic environmental…

The statutory exclusion of an appeal on a point of law from a tribunal hardship decision was lawful. The enabling power expressly authorised provisions about…

In an Article 8 family-life case, the relevant question is whether it is reasonable to expect family members to relocate, not whether relocation presents…

A former foreign national prisoner detained pending deportation must be assessed individually when deciding whether detention should continue in a prison or…

Detention pending deportation must remain justified throughout by a sufficient prospect of removal, assessed against the period already spent in detention and…

A local authority deciding how to accommodate a disabled child under section 20 of the Children Act 1989 must identify an arrangement meeting the child’s needs…

An appellant may raise on appeal a point of law showing that the extradition offence requirement was not satisfied, even where the point was not taken before…

For a statutory search-warrant power based on reasonable grounds for suspicion, the evidential threshold is lower than where the statute requires reasonable…

A solicitor facing possible striking off is entitled to a fair process and fair hearing. Disciplinary allegations must identify the case to be met with…

Under section 25 of the Extradition Act 2003, extradition may be oppressive where the appellant proves a very high risk of suicide if extradited. The test is…

Costs ordinarily follow the event, but the court must consider the circumstances giving rise to the proceedings and the way in which they were conducted. A…

A local authority assessing age under the Children Act 1989 is not legally bound by an immigration tribunal’s earlier age finding where it was not a party to…

A non-statutory consultation must be conducted fairly and in accordance with the Coughlan principles. An initial error or omission does not automatically…

A licensing authority may consider the whole factual history when deciding whether to suspend or revoke a sponsor licence. Reinstatement subject to an action…

A claimant seeking to avoid an adverse costs order must show more than that the proceedings raised an important public issue or were brought by a charitable…

Immigration detention pending removal remains lawful while there is a realistic prospect of removal and the Secretary of State is investigating the practical…

For an extradition appeal under the Extradition Act 2003, the statutory seven-day period for giving notice cannot be shortened by court-office hours or…

When deciding whether an enforcement receivership order should extend to assets outside the jurisdiction, the court must identify the most effective method of…

Under Article 2, a police authority’s positive obligation is to take measures which, judged reasonably, might be expected to avoid a real and immediate risk to…

Under section 70(2) of the Town and Country Planning Act 1990, a planning authority must have regard to material considerations, but the duty does not require…

Under section 21 of the Extradition Act 2003, a court must examine whether extradition to a Category 1 territory is compatible with the requested person’s…

A misconduct proceeding is allocated by reference to the officer’s status and the statutory assessment made at the specified time. Under regulation 19(9)(a) of…

Judicial review proceedings must ordinarily be brought promptly. The three-month period is a limit, not a target, although the court may extend it where the…

The Parole Board’s release test for a prisoner serving imprisonment for public protection is the statutory test in section 28 of the Crime (Sentences) Act…

Under Article 11(3) of the Reception Directive, access to the labour market may be withdrawn after a negative decision on a subsequent asylum application where…

An appeal under section 40 of the Medical Act 1983 is by way of rehearing, but the appellate court ordinarily accepts factual findings based on oral evidence…

A disciplinary tribunal must give adequate reasons for findings of professional breaches and for the sanction imposed. A general statement that all evidence…

In cash-forfeiture proceedings under the Proceeds of Crime Act 2002, the enforcement authority must prove that the cash was obtained through conduct of one or…

Permission to seek judicial review of a Crown Court refusal to list a central-funds costs hearing may be arguable where the applicant says it was denied a…

Conviction may properly rest on circumstantial evidence where the individual strands, considered cumulatively, establish guilt beyond reasonable doubt. It is…

For an offence of failing to provide a specimen, a defendant bears an evidential burden of producing material capable of constituting a reasonable excuse. The…

In judicial review of a planning permission, procedural unfairness or a failure to give adequate reasons does not automatically justify quashing. The court…

Section 83 of the Government of Wales Act 2006 permits the Welsh Ministers to arrange for a local authority to exercise their statutory functions, including…

Continued immigration detention is lawful only while the Hardial Singh principles are satisfied. The Secretary of State must intend removal, detention must…

The CPS may lawfully take over and discontinue a private prosecution where its review concludes that the evidential stage of the Full Code Test is not met.…

Contempt proceedings are civil proceedings and may continue in the defendant’s deliberate absence where the defendant knew of the hearing, had an opportunity…

Domestic legislation concerning drivers’ hours must be construed in an updated manner so far as necessary to give effect to applicable European Union…

For a European arrest warrant, the alleged conduct must be described with reasonable clarity and detail. The court should allow for differences between…

For a place to be a public road for the purposes of the Road Traffic Act 1988, the Crown must establish that the public has access to it. Access may be shown…

When deciding whether to extend time for an appeal against a police complaints determination, the decision-maker must assess whether the case’s special…

When applying a detention policy concerning disputed age, the Secretary of State must act on the facts known or reasonably believed after reasonable inquiry.…

On an appeal under the Licensing Act 2003, magistrates must consider the licensing authority’s decision and reasons, but may decide on the merits whether it…

A failure properly to implement Article 11 of the Reception Directive does not automatically constitute a sufficiently serious breach giving rise to state…

A local authority may decide that accommodation is unsuitable or excessively costly, but consultation must occur while the proposal remains genuinely…

Where an interim suspension order is sought without the respondent having a fair opportunity to oppose it because of the applicant’s late handling of the…

Under the strict liability rule, the relevant risk is assessed prospectively when the publication is made. For online material, the court must consider…

A statutory time limit runs according to its statutory language. Where the Mental Health Act 1983 requires an application to be received within 14 days, a…

For a permanent agricultural dwelling in the open countryside, the relevant policy tests must be applied separately and purposively. The decision-maker must…

For the purposes of a policy allowing exceptional home detention curfew release, whether a prisoner is infirm by nature of disability is a value judgment…

A fostering authority may consider prospective carers’ views on sexuality where those views may affect their treatment of children, parents or other persons…

Where judicial review proceedings are resolved without a trial but the parties cannot agree costs, the court may assess the likely merits and the parties’…

An appeal from a Fitness to Practise Panel is technically by way of rehearing, but ordinarily involves a review of the evidence and material before the Panel.…

Where bail proceedings concern detention or restrictions on liberty under the Special Immigration Appeals Commission Act 1997, the procedural standard required…

On an appeal under section 40 of the Medical Act 1983, the court conducts a rehearing and may substitute its own decision, while according appropriate respect…

In extradition cases engaging article 8, proportionality requires a fact-specific balancing exercise. The court must give substantial weight to the public…

Ordinary disruption to private and family life caused by extradition will not generally make surrender incompatible with Article 8. The court must conduct the…

Immigration detention remains lawful only for the period reasonably necessary to effect removal. The court must assess whether there is a reasonable prospect…

Extradition proceedings may be stayed or terminated for abuse of process where executive conduct threatens the integrity of the statutory scheme. The alleged…

Prison recategorisation must reflect the prisoner’s current risk to the public and risk of escape or absconding. A low static risk of reoffending does not…

Under sections 11.1(c) and 14 of the Extradition Act 2003, whether delay makes extradition unjust or oppressive requires an overall judgment on the statutory…

A lawful seizure under Police and Criminal Evidence Act 1984 may be followed by a seizure under the Proceeds of Crime Act 2002 without first returning the…

An appellate court reviewing a professional disciplinary sanction conducts a rehearing, but intervention requires a material error of fact or law or a sanction…

For an extradition request under Part 2 of the Extradition Act 2003, the court must assess the conduct described in the request documents against the…

In a conviction case involving several offences, a European arrest warrant is not invalid merely because it records one aggregate sentence for all offences.…

Administrative detention pending deportation is lawful only for the purpose of securing removal and for the period reasonably necessary for that purpose. The…

Land held under a statutory trust for public walks or pleasure grounds cannot be managed as a local nature reserve where nature conservation requires…

In extradition proceedings between EU member states, the requested person’s guilt or innocence is for the requesting state’s criminal court, not the…

In solicitor disciplinary proceedings, proven dishonesty will almost invariably justify striking the solicitor off the Roll. The residual category in which…

On an appeal from a professional disciplinary tribunal, the court must respect the tribunal’s specialist judgment, particularly on professional standards and…

A challenge to magistrates’ liability orders concerning charitable relief should ordinarily be brought by way of case stated where that remedy is available.…

A parking adjudicator’s jurisdiction is confined to the grounds in the statutory appeals scheme. There is no general power to allow an appeal whenever an…

In environmental planning challenges, a commercial competitor may have sufficient interest to seek judicial review, but standing does not require relief. The…

Segregation under Prison Rule 45 involves an expert, evaluative and dynamic assessment of prison safety, rather than a simple determination of disputed facts.…

A fall-back argument in planning law requires two matters to be established. First, the alternative use or operation must be identified with sufficient…

The Directive did not require urine-collection containers to be sterile in every case. Sterility was required only where reasonable judgment, taking account of…

Interim relief requiring a local authority to place a disabled child at a particular school should not ordinarily be granted on paper or after notice so short…

Freedom of expression protects minority opinions and protest which is shocking, disturbing, offensive or distasteful. Any restriction must be convincingly…

A lawful planning obligation under section 106 of the Town and Country Planning Act 1990 remains enforceable despite later changes to supplementary planning…

Procedural fairness normally requires a person to have an opportunity to make representations before an administrative decision terminates a valuable…

At the close of the prosecution case, the question is whether there is sufficient evidence on which a properly directed court could convict. Magistrates may…

Under section 3(3)(a) of the Immigration Act 1971, leave may be varied only where existing leave remains in force. A later grant of leave cannot, by…

Service accommodation policies must be read as a whole. A general policy obligation to provide or enable accommodation may be subject to defined exceptions.…

“Treatment for the termination of pregnancy” includes the use or administration of abortifacient medicines, not merely their prescription. Termination…

A challenge under Town and Country Planning Act 1990, section 288, is not a rehearing of the planning appeal. The court must assess whether the inspector erred…

A magistrates’ court must act fairly when deciding whether to dismiss an information for non-attendance by the prosecutor. Where the hearing arises…

Under regulation 5 of the Water Fluoridation (Consultation) (England) Regulations 2005, a Strategic Health Authority must assess the cogency of all arguments…

In reviewing a politically-driven, macro-economic decision, the court must exercise particular restraint and should not substitute its assessment for that of…

A planning permission must be construed by asking what meaning a reasonable reader would give it, with limited reference to the application and accompanying…

On an application challenging refusal of parole, the Parole Board must consider primarily the risk to the public of a further offence, including whether that…

On an application concerning a fresh claim under paragraph 353 of the Immigration Rules, the court must form its own view whether the further material gives…

The Dublin II Regulation principally allocates responsibility between Member States. Its provisions do not ordinarily confer directly actionable personal…

Under section 25 of the Extradition Act 2003, extradition may be oppressive where the evidence establishes a very high risk that the requested person will…

The court may extend an interim suspension order where outstanding health investigations are delayed because the registrant has failed to make herself…

The court may extend an interim suspension order made under article 31(8) of the Nursing and Midwifery Order where the circumstances justify its continuation.…

A government’s declared intention to reform the planning system by primary legislation may be a material consideration in determining planning applications…

A statutory time limit for appealing an extradition order may lawfully be strict, even where extradition is said to risk breach of fundamental rights. The…

A judicial review court must respect the evaluative judgment entrusted to the Criminal Cases Review Commission. Its task is confined to identifying legal…

An extradition appeal may be reopened under Civil Procedure Rules 1998, rule 52.17 where reopening is necessary to avoid real injustice, the circumstances are…

A conservation area must be designated because the area satisfies the statutory criteria, not merely to prevent demolition of a particular unlisted building.…

Admissions made by a defendant’s authorised legal representative during criminal case management may be admissible at committal proceedings and at trial. The…

A planning permission should be construed so as to overcome apparent ambiguity where the permission can reasonably be given a sensible meaning. Revised plans…

Refusal of an adjournment in extradition proceedings is challengeable only where the decision is unreasonable in the stringent sense, based on wrong…

Where a person convicted in absentia can readily obtain a retrial on return, the classification of the European arrest warrant depends on the statutory scheme…

In extradition proceedings under Part 1 of the Extradition Act 2003, the court should construe the warrant as a whole and adopt a cosmopolitan approach to…

A coroner’s judicial independence protects decisions and the performance of judicial functions from local-authority control. It does not give the coroner…

On an appeal against an extradition order, Convention States are presumed able and willing to fulfil their obligations. An appellant alleging that extradition…

In an extradition case involving a Category 1 Convention state, the court starts from mutual trust and a presumption that the requesting state will comply with…

On an appeal under the Extradition Act 2003, fresh evidence is admissible only where it was unavailable at the extradition hearing, subject to a rare…

Under section 27 of the Extradition Act 2003, the court hearing an appeal against extradition must allow the appeal or dismiss it. It has no power to make…

Administrative detention pending deportation remains lawful only while the Hardial Singh principles are satisfied. The court must assess all relevant…

A magistrates’ court’s power under section 142 of the Magistrates Courts Act 1980 is not confined to correcting clerical slips, but it remains a relatively…

Applications to the High Court for discharge following delay in extradition under Extradition Act 2003, section 36, must fail because discharge is reserved to…

Under section 83 of the Nationality Immigration and Asylum Act 2002, a right of appeal arises where an asylum claim has been rejected and the claimant is later…

A challenge to confirmation of a compulsory purchase order under section 23 of the Acquisition of Land Act 1981 is confined to procedural or legal error. The…

In extradition proceedings, delay does not of itself make surrender oppressive under section 14 of the Extradition Act 2003. The court must assess the delay in…

In an extradition appeal, warrants must be construed as a whole. Ambiguous introductory wording does not invalidate an accusation warrant where its substance…

A Parole Board must give an intelligible explanation showing that it has fairly considered the principal issues, but it need not address every witness or piece…

A planning authority complies with the statutory duty to have special regard to the desirability of preserving a listed building or its setting if, viewed…

On a professional disciplinary appeal, the High Court must exercise its own judgment while according appropriate respect to the specialist committee’s…

Public authorities must assess equality impacts with due regard before deciding to withdraw or restructure services affecting protected groups. The duty…

The statutory appeal regime for extradition decisions imposes a strict seven-day limit. An effective appeal requires a sealed notice to be filed with the court…

A decision-maker must determine an asylum application within a reasonable time, assessed in its factual and administrative context. There is no general legal…

For the purposes of section 85(4) of the Road Traffic Regulation Act 1984, the question is whether, by the point of enforcement, the driver received adequate…

On a statutory challenge to an inspector’s decision, the High Court must respect the primary decision-maker’s role in resolving conflicting evidence and…

A challenge under Town and Country Planning Act 1990, section 288, concerns legality rather than the planning merits. The court may intervene for legal error…

Permission to apply for judicial review may properly be refused where, despite apparent merit in the underlying challenge, success would provide the claimant…

A statutory challenge to a compulsory purchase order concerns legality, not the merits of the underlying planning decision. The court will intervene for…

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

The court may extend an interim suspension order affecting professional registration where the extension is agreed by the parties, a consent order is…

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension order may be extended where this remains necessary in the public interest…

A claim may be certified as clearly unfounded only where it has no real prospect of success and is bound to fail. The threshold is high and requires anxious…

When setting a minimum term for a prisoner repatriated after a foreign conviction, the court must apply the statutory transitional regime governing offences…

A planning decision will not be quashed for an alleged failure to consider material matters unless the authority was materially misdirected or there is a real…

Under the Freedom of Information Act 2000 cost-limit scheme, a public authority may count only the costs of the activities specified in regulation 4(3) of the…

Professional disciplinary sanctions are prospective measures directed primarily to public protection, not punishment for past misconduct. They may also protect…

Prison categorisation decisions must be made through an individual and genuine assessment of risk. A policy identifying deportation as a paramount…

Where a judicial review challenges a public authority’s failure to carry out an assessment, permission may be refused once the assessment has been completed…

In assessing whether land is incapable of reasonably beneficial use for purchase-notice purposes, the decision-maker must consider realistic uses supported by…

A long-term environmental target does not, without more, establish a relevant change in planning policy. A local planning authority should apply existing…

For section 137(2)(a) of the Extradition Act 2003, conduct may occur in the requesting state even when the accused performed acts abroad. The court must apply…

Section 20 of the Road Traffic Offenders Act 1988 establishes a permissive evidential procedure. Its admissibility conditions apply when the prosecution relies…

An interim suspension order imposed for public protection and the public interest may be extended where the allegations are sufficiently serious, the…

In criminal summary proceedings, a magistrates’ court may permit the prosecution to reopen its case to remedy an evidential gap where doing so causes no…

Where a statutory period is expressed to begin or start with a specified day, that day is included in the computation unless the statute indicates otherwise.…

Section 7(5) of the Protection from Harassment Act 1997 defines “person” as an individual only when the phrase concerns the person subjected to harassment. It…

Under paragraph 353 of the Immigration Rules, the Secretary of State must first ask whether further submissions contain material not previously considered. If…

In a disputed age case under the Children Act 1989, the court determines the claimant’s age as a question of fact. The task is an assessment, but that does not…

A planning obligation entered into under Town and Country Planning Act 1990, section 106, is enforceable according to its terms once its specified conditions…

Article 5(4) requires a fact-sensitive assessment of whether the relevant decision-maker acted with proper expedition and avoided undue delay. Internal targets…

For a statutory levy based on payments made under a labour-only agreement, the purpose of the agreement is determined by what the agreement was intended to…

A search warrant must be construed strictly but fairly and as a whole. It must identify the material sought with sufficient precision, but need not expressly…

Extradition will be disproportionate under Article 8 only where interference with family life is exceptionally grave. A perceived risk from non-state actors…

An interim suspension order may be extended where serious allegations, public protection, and the registrant’s failure to engage justify continuing…

An interim suspension order may be extended where the regulator demonstrates that continued suspension is necessary for public protection or otherwise in the…

The court approved a consent order after considering the papers and the applicant’s skeleton argument. The judgment establishes no substantive legal principle…

A public authority investigating suspected benefit fraud may invite a person to a voluntary interview without first disclosing all evidence underlying the…

A compensation scheme manager allocating levy costs must identify the regulated activity in respect of which the relevant claims arise. The statutory…

Procedural fairness in a category A prisoner review requires disclosure of the gist of material facts and opinions relied on, so that the prisoner can make…

The detention of families with children pending removal is lawful only as an exceptional measure of last resort. Decision-makers must consider reasonable…

For the purposes of a fresh claim, the Secretary of State must apply anxious scrutiny and ask whether the new material gives rise to a realistic prospect of…