High Court: Administrative Court judgments, 2012

In planning judicial review, a local planning authority must consider the development plan as a whole. A proposal may accord with the plan despite conflict…

A court should not use judicial review to conduct a wide-ranging inquiry into national or local clinical policy where the factual findings are limited and do…

The court granted an eight-month extension in a regulatory matter where the additional time could allow the position to be resolved at a hearing or under…

A search warrant must identify, so far as practicable, the articles or persons to be sought from the terms of the warrant itself. The warrant must be…

A planning authority must properly identify and address a material planning consideration before inviting members to exercise their planning judgment. Where…

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

Immigration detention is lawful only while there is a sufficient prospect of removal within a reasonable period and the Secretary of State acts with reasonable…

“Ordinary residence” under the National Assistance Act 1948 is a question of fact and degree. For a person lacking capacity to decide where to live, the…

A court will not grant an advisory declaration about prospective criminal liability where the alleged conduct and the defendant’s state of mind depend on…

A public authority’s equality duty requires due regard to the statutory needs, not achievement of a particular result. In a planning case, the authority must…

In an enforcement appeal concerning the period allowed for compliance, an inspector conducting an informal hearing must investigate sufficiently to resolve…

Under paragraph 353 of the Immigration Rules, a fresh claim decision requires a structured, two-stage assessment. The decision-maker must first reject or…

Judicial review of a refusal by the Upper Tribunal to grant permission to appeal is available only on the stringent second-tier grounds: an important point of…

An exclusion requirement in a community order may prohibit an offender from entering a specified area within the United Kingdom. It cannot be used to exclude a…

Advocates and litigators owe an independent and paramount duty to the court. They must advance only arguments that can properly be made and must possess, or…

A failure to satisfy the sequential approach for out-of-centre retail development engages the national policy direction that permission should be refused. The…

On an application under section 41A(10) of the Medical Act 1983, the court exercises an original jurisdiction and must reach its own conclusion. It should give…

For the purposes of section 20(5) of the Extradition Act 2003, an entitlement to a retrial may be subject to procedural steps and defined statutory conditions.…

Where a planning decision may substantially interfere with a person’s home or family life, the decision-maker must undertake an appropriate Article 8…

The specialty rule protects a person extradited under a European Arrest Warrant from execution of a different sentence unless the designated court approves it…

Article 8 family-life considerations will rarely justify refusing extradition where the comparable domestic offence would ordinarily attract an immediate…

In an extradition appeal, ambiguity in a European arrest warrant does not necessarily invalidate it. The court must read the warrant as a whole and ask whether…

In an extradition appeal under the Extradition Act 2003, the court must assess the claimant’s individual circumstances rather than infer that extradition is…

In an extradition appeal, an asserted medical condition will justify resisting extradition on human-rights grounds only where the high threshold for such a…

Delay does not make extradition unjust or oppressive merely because it causes hardship, including hardship arising from long residence in the requested state.…

An application to certify a question of law must be based on an accurately stated factual premise and must disclose a genuine question of law of general public…

Under section 13 of the Coroners Act 1988, the controlling question is whether another inquest is necessary or desirable in the interests of justice. Fresh…

The judgment determined disputed facts concerning two DNACPR notices. It found that the first notice was imposed without effective consultation with the…

In disciplinary appeals, a tribunal may infer that clients were misled where solicitors held themselves out as partners but concealed that the partnerships…

In a planning challenge, a decision-maker must identify the relevant development-plan policies, decide whether the proposal accords with the plan, and state…

A place may qualify as a place for religious worship even where the religion is non-theistic. The statutory phrase must be applied to the religious practices…

A planning policy which expects site allocations to be made through an emerging area action plan does not create an absolute bar to permission for an…

On an appeal against extradition, fresh evidence may justify interference where it demonstrates a substantial and current risk that removal would…

A regulator may adopt a policy permitting publication of disciplinary allegations after an independent tribunal has certified a case to answer, provided each…

A prosecution policy must be interpreted as a whole and, where possible, in a sensible and reasonable manner. A policy may lawfully distinguish between labour…

A warrant application under the Business Protection from Misleading Marketing Regulations 2008 and the Police and Criminal Evidence Act 1984 must comply with…

A court considering a claim for public interest immunity may, after examining the material and deciding that complete immunity is unnecessary, order disclosure…

A prisoner facing deportation may in principle be released on licence before the end of the sentence. The Parole Board must, however, assess the risk to the…

Immigration detention pending deportation is lawful only while the Secretary of State intends to deport, detention remains reasonable in all the circumstances…

An application for judicial review should not be used to obtain declarations about how a specialist tribunal may decide a future appeal where the statutory…

An application to restore proceedings struck out for non-attendance should be assessed by reference to promptness, a good reason for non-attendance, and the…

A second extradition is not necessarily an abuse of process merely because the requesting state could have dealt with outstanding matters during an earlier…

Contempt proceedings are an appropriate means of controlling dishonesty in civil proceedings. The claimant must prove, to the criminal standard, the facts…

A local authority’s view that a new school would be beneficial, desirable or likely to improve parental choice does not necessarily amount to a statutory…

Consideration under the Legacy Programme does not create an entitlement to indefinite leave to remain or an amnesty. The Secretary of State retains a broad…

In extradition proceedings, bail may be refused where the seriousness of the allegations and the consequent incentive to abscond substantially outweigh family…

An enforcement notice must require no more than is necessary to remedy the breach of planning control or injury to amenity, while preserving existing lawful…

A compromise protecting a resident’s continued accommodation and care does not ordinarily require the contracting provider to perform personally. Unless…

In a planning challenge under section 288, the court reviews legality rather than the merits or weight assigned to material considerations. A decision maker…

A statutory tax exemption may apply to later taxes where its language and purpose support that construction. It does not, without clear language, exempt a…

Article 6 of the Convention applies to statutory appeals against individual asset-freezing designations where the designation determines the person’s civil…

In a challenge under Town and Country Planning Act 1990, the expiry of the six-week period for bringing proceedings does not prevent an amendment to the…

A governing body must comply with the mandatory conflict-of-interest procedure in the School Governance Procedures England Regulations 2003. Where a fair…

A judicial review claim is a remedy of last resort. It cannot be used to re-argue an issue that was available, and should have been pursued, in an appeal. A…

In assessing further submissions in an asylum case, the Secretary of State may reach a negative conclusion where the evidence is materially inconsistent, lacks…

Renewed and ex parte applications to the Administrative Court must be properly arguable and must comply with the professional obligations of solicitors and…

A statutory planning challenge under Town and Country Planning Act 1990 section 288 concerns legality, not the planning merits. The court must make its own…

Permission to seek judicial review should be granted where a challenge to the scope of a VAT exemption raises an arguable question of EU law with substantial…

An application to vary a premises licence under the Licensing Act 2003 cannot formally be amended after submission where this would undermine statutory…

A criminal court must exercise the discretion to proceed in a defendant’s absence with the utmost care and caution. Where medical evidence shows that a…

Permission to appeal against a planning inspector’s enforcement decision should be granted where there is an arguable failure to serve the landowner and a…

In assessing professional misconduct, the Solicitors Disciplinary Tribunal may consider the practitioner’s conduct as a whole. Striking off may be appropriate…

For the purpose of Extradition Act 2003, section 8B, a person is “in custody” when detained pursuant to a sentence, but not merely because the person remains…

In deciding whether extradition would disproportionately interfere with a child’s interests, the court must balance safeguarding the child’s rights against the…

Where an asylum seeker has previously been effectively refouled by the state responsible under the Dublin II Regulation, the decision-maker must investigate…

Where a planning permission authorises the alteration, extension and re-use of an existing building, it may permit substantial demolition and reconstruction…

A statutory time limit for questioning the validity of a planning order may operate as an absolute bar. Where legislation provides a specific procedure and…

A public law court may determine an otherwise academic issue where it raises a recurring, discrete point of statutory construction, is not fact-sensitive, and…

A European arrest warrant must give a sufficient description of the alleged conduct, including its time and place and the requested person’s degree of…

In extradition proceedings, lapse of time will not ordinarily make extradition oppressive where the requested person left the requesting state knowing that…

Procedural rule changes generally take effect when made, but the court must prevent injustice arising from their retrospective practical effect. Where a new…

A medical appeal board must determine the issue raised by the firefighter’s appeal. It may examine the underlying diagnosis when deciding whether an accepted…

On judicial review of a decision by the Criminal Cases Review Commission, the court asks whether the Commission’s conclusion was one that was properly open to…

A solicitor must not use a client account as a banking facility. Payments into or out of it must relate to an underlying legal or recognised professional…

For the purposes of section 2(3)(b) of the Extradition Act 2003, a European arrest warrant need only state that extradition is sought for the purpose of…

An unperfected order announced earlier the same day may be set aside and replaced by a different order within that working day. The court may extend an interim…

The Frontiers Protocol permits the United Kingdom to impose documentary and legal controls at its borders to verify the entitlement of non-EEA family members…

Fresh evidence on an extradition appeal must ordinarily have been unavailable at the original hearing and must be decisive. Evidence which merely repairs…

For judicial review of an unappealable Upper Tribunal refusal of permission to appeal, the second-tier appeals criteria operate as a permission filter. Once…

An appeal under section 26 of the Extradition Act cannot succeed where its sole ground has been conclusively determined by the Supreme Court adversely to the…

In passport-renewal cases, the applicant must satisfy the Secretary of State that he is entitled to a passport. The court reviews the refusal on ordinary…

A claim is “clearly unfounded” where it cannot on any legitimate view succeed. The assessment is objective and focuses primarily on the quality of the claim…

A sentencing court cannot retrospectively convert a direction under section 240(3) of the Criminal Justice Act 2003 into a direction under section 240(4) after…

Under Part 2 of the Extradition Act 2003, the statutory period for surrender begins when the relevant appellate decision becomes final. A later extra-statutory…

A judicial review challenge to a parole decision cannot succeed merely because the claimant disagrees with the Parole Board’s assessment of risk and character.…

On an appeal from a professional disciplinary tribunal, the High Court conducts a rehearing rather than a judicial review, but gives appropriate respect to the…

On an application to extend an interim suspension order, the regulator must satisfy the court that continuation remains necessary. Relevant considerations…

A Police Appeals Tribunal reviewing a misconduct panel under rule 4(4)(a) of the Police Appeals Tribunal Rules 2008 must first decide whether the panel’s…

An appeal under the Audit Commission Act 1998 against an auditor’s refusal to seek a declaration that items of local authority account were unlawful is…

A statutory challenge to a Tree Preservation Order is concerned with legality, not a review of planning merits. The court will intervene only where the order…

In a Cart application, permission for judicial review may be granted where the case is rare and appears to have gone seriously wrong, or where an error of law…

Under the Financial Services and Markets Act 2000 and the DISP rules, the Financial Ombudsman Service primarily decides whether a complaint was made in time.…

Permission to amend a judicial review claim should be granted where the proposed ground is arguable and can fairly be addressed without undue prejudice, even…

When determining a premises licence application, a licensing authority may consider whether the proposed premises supervisor and those exercising effective…

In an extradition case engaging family life, Article 8 requires a structured, case-specific proportionality assessment. Courts should not begin with a presumed…

In extradition appeals, passage of time does not automatically make extradition oppressive or unjust. The court must assess the appellant’s responsibility for…

For council tax purposes, the first question is whether premises constitute a dwelling under section 3 of the Local Government Finance Act 1992. Where a…

A Crown Court may make a costs order under section 19 of the Prosecution of Offences Act 1985 and regulation 3 of the Costs in Criminal Cases Regulations 1986…

In a challenge to removal under the Dublin II system, a stay of removal requires a realistic prospect of success and is then determined by the balance of…

On an ex parte or without-notice application, solicitors and counsel owe the court the highest duty of disclosure. They must place before the judge all…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court will not revisit the planning merits or interfere with an inspector’s…

A navigation licence may lawfully require a vessel without a home mooring to be used bona fide for navigation throughout the licence period. Navigation means…

For a mistake of fact to ground judicial review, the claimant must identify an existing fact or evidence which was objectively verifiable, establish that the…

Permission for judicial review should be granted where the proposed challenge raises an arguable point requiring determination. A court deciding permission…

An appeal will be re-opened under CPR 52.17 only in exceptional circumstances where re-opening is necessary to avoid real injustice and no effective…

The court has a wide discretion when deciding costs. Indemnity costs are appropriate only where conduct or circumstances take the case out of the norm…

A policy may take a foreign prisoner’s immigration status into account when deciding whether to release the prisoner on home detention curfew. The relevant…

Under paragraph 353 of the Immigration Rules, further submissions must first be materially different from material previously considered. If they are, the…

Under the Cart approach, judicial review of an Upper Tribunal refusal of permission requires a very obvious error of law in the underlying decision or another…

Where development is permitted under the General Permitted Development Order 1995, the local planning authority must act within the Order. It approves the…

When a successful defendant seeks a defendant’s costs order, the discretion under the Prosecution of Offences Act 1985 must be exercised in accordance with the…

Retention of a basic arrest record on the Police National Computer is not, without more, an unlawful interference with Article 8. If Article 8 is engaged…

Under Extradition Act 2003, s.13, general evidence of discrimination against a protected group does not bar extradition without evidence linking the warrant…

A notice under Town and Country Planning Act 1990, section 215 must identify the condition of land complained of and the steps required to remedy it with…

Decisions to transfer a detained patient from medium-security to high-security psychiatric conditions engage the common-law duty of fairness where they may…

For strict-liability contempt, the question is whether, at the date of publication, the material created a substantial risk that active criminal proceedings…

For a public law challenge to selective licensing, the court reviews the legality of the local authority’s decision, rather than deciding the merits afresh.…

For the purposes of Part 1 of the Extradition Act 2003, a European arrest warrant may contain both accusation and conviction matters. The statutory use of “or”…

A Parole Board recommendation to transfer a life prisoner to open conditions is not binding on the Secretary of State. The Secretary of State must consider the…

An ultra vires administrative act is ordinarily void, but voidness is relative and the act may retain legal effects for particular purposes before it is set…

Under section 119 of the Highways Act 1980, the decision-maker must distinguish between two expediency questions. The first asks whether diversion is expedient…

“Unacceptable professional conduct” under the Osteopaths Act 1993 requires conduct falling below the required professional standard and carrying an element of…

On an appeal against a disciplinary sanction, the High Court may interfere only where the sanction was clearly inappropriate. For non-dishonest conduct falling…

The power to repeal a local statutory provision under section 58(2)(d) of the Local Government (Wales) Act 1994 extends to provisions imposing duties as well…

A judicial review of a planning permission is concerned with the legality of the decision-making process, not the planning merits or the weight given to…

After an acquittal, a defendant should normally receive an order for costs from central funds. Refusal requires positive reasons, which must be identified and…

An interim suspension order may be extended where the court considers that continuation is necessary for public protection and otherwise in the public…

A human rights claim is “clearly unfounded” only where it is so lacking in substance that it is bound to fail. The assessment is objective and focuses…

A local authority setting the usual cost of publicly funded residential care must comply with the public sector equality duty. The duty applies to the…

A disciplinary tribunal may treat the absence of contemporaneous attendance notes as evidence relevant to whether a solicitor exercised appropriate…

Paragraph 395C of the Immigration Rules required the decision-maker to weigh all relevant factors holistically. The listed factors were not threshold…

In extradition proceedings to a Convention state, the presumption of compliance with Convention obligations may be displaced by clear and cogent evidence. In…

An extradition warrant must contain the statutory particulars required by Extradition Act 2003, and those requirements are mandatory. A warrant that fails to…

Where a magistrates’ court refuses to state a case, the Administrative Court should adopt the course involving the fewest additional steps, least expense…

A penalty charge notice complies with regulation 3(2)(b) where, read as a whole, it fairly conveys that informal representations made before a notice to owner…

On an appeal from a professional disciplinary tribunal, the statutory question is whether the tribunal’s decision was wrong. The High Court must respect…

A clear planning permission must be construed by reference to the permission and, for a full permission, the application plans and related material…

On an appeal against extradition orders, new points or evidence will generally not be entertained where they were available below and no proper explanation is…

In judicial review of child-safeguarding decisions, the intensity of Wednesbury review may be heightened where an error could expose children to sexual abuse.…

Urgent judicial review applications seeking to prevent removal must comply fully with the Administrative Court’s procedural requirements. The applicant’s…

A requirement that a litigant subject to a civil restraint order pay a modest fee before seeking permission to appeal is not, in itself, incompatible with…

In a challenge to removal under the Dublin II Regulation, the United Kingdom is required to assume responsibility under Article 3(2) only where the first…

Non-statutory guidance is not automatically binding, but its legal weight depends on context. Relevant factors include its authorship, the quality of the work…

An enforcement notice which has not been successfully challenged stands on its terms. A magistrates’ court determining an alleged breach cannot reopen the…

Evidence extracted from a police criminal-intelligence record may satisfy the business-document exception to hearsay where the information’s content and…

For an offence of resisting or obstructing a constable, the constable must have been acting in the execution of his duty when the alleged resistance occurred.…

A professional disciplinary tribunal may take account of evidence given at a Newton hearing when that evidence is directly relevant to the appellant’s own…

Disclosure of adverse information in an enhanced criminal record certificate requires two separate judgments: whether the information might be relevant and…

A disciplinary tribunal may proceed in a solicitor’s absence where it is satisfied that notice of the hearing was properly served. A party who deliberately…

An appellate court reviewing professional disciplinary proceedings applies the statutory and procedural appeal test, not a general rehearing on the merits. A…

In an extradition appeal, prison-condition objections under Article 3 require evidence capable of changing the factual basis on which comparable challenges…

Disclosure of information about a child sex offender requires a fair and fact-sensitive balance between protecting children and the offender’s Article 8…

An interim order may be extended where the governing criteria are satisfied and the regulatory investigation and hearing cannot reasonably be completed before…

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

Judicial review is a remedy of last resort. Where an applicant has an adequate, and potentially more effective, statutory right of appeal, the court should…

Regulation 4 of the Public Contracts Regulations 2006 requires equal, non-discriminatory and transparent treatment of tenderers. It does not, of itself…

Under Planning Policy Guidance Note 2, a material change of use in the Green Belt is inappropriate development unless it maintains openness and does not…

Judicial review of a planning inspector’s decision is concerned with legality, not a rehearing of planning merits. The court must guard against challenges…

In an extradition appeal based on article 8, the interests of an affected child are a primary consideration but do not automatically prevent extradition. The…

Time limits for serving an extradition appeal notice cannot be extended for a foreign national where the governing statute permits extension only for a British…

Extradition is not barred merely because a conviction was obtained with the participation of a judicial assessor lacking security of tenure, contrary to Urban…

A Crown Court hearing an appeal from a magistrates’ court must give reasons showing that it identified the main contentious issues and how it resolved them.…

In reviewing control orders and terrorism prevention and investigation measures, the court must assess both the statutory conditions and the continuing…

An appellate court reviewing a professional disciplinary penalty must give substantial weight to the specialist panel’s assessment and the public interest in…

An Anti-Social Behaviour Order requires persistent and seriously anti-social behaviour. Offensive, unsubstantiated or defamatory blogs do not satisfy that…

Detention pending deportation is lawful only while there is a continuing intention to remove and removal remains achievable within a reasonable period. The…

Whether property is an “empty property” for compulsory purchase purposes under the Housing Act 1985 is not determined by whether it is an “empty dwelling”…

On an appeal from a Fitness to Practise Panel, the High Court must respect the Panel’s advantage in seeing and hearing witnesses, particularly on credibility.…

A local authority setting care-home rates must have due regard to the actual costs of providing care and relevant local factors. It may take affordability and…

In an accusation case, whether conduct constitutes an extraditable offence is assessed from the arrest warrant as a whole. An omission to tick a particular…

Where proceedings concerning detained cash include both a forfeiture application and applications by persons claiming the cash, each application constitutes…

Publication during a criminal trial, before all verdicts have been returned, may create a distinct and substantial risk of serious prejudice even where much of…

Under rule 12(4) of the Inquiry Rules 2006, limited disclosure of potentially restricted evidence is permitted only where the chairman concludes that the…

An Article 2 inquest is required only where there is evidence of an arguable or prima facie breach of an Article 2 duty. The operational duty requires…

Certification under section 94(2) is inappropriate where, on at least one legitimate view of the facts or law, an asylum or human-rights claim may succeed. A…

In a statutory extradition appeal, extradition may be refused where, in light of intervening circumstances, it would constitute a disproportionate infringement…

In an extradition appeal based on feared ill-treatment, the presumption that a Member State’s prison authorities will provide adequate protection can be…

In extradition proceedings, bail may be refused where there is substantial reason to believe that the requested person would fail to answer to bail and thereby…

An extradition warrant must be read as a whole. It is an accusatory warrant where its terms, taken together, show that surrender is sought for prosecution…

A certificate issued under section 2(7) of the Extradition Act 2003 confirms only that the issuing authority has the function of issuing European arrest…

When an offence has no specific sentencing guideline, an analogous guideline may inform a mode-of-trial decision only if it is genuinely analogous and concerns…

A verdict of unlawful killing at an inquest is confined to murder, manslaughter, including gross negligence manslaughter and corporate manslaughter, and…

Under the compensation scheme, FSCS must identify the precise breach giving rise to the claim and assess the losses directly flowing from that breach. Where…

Fabricating witnesses to strengthen a civil claim is a serious contempt of court warranting immediate imprisonment in the ordinary case. The court should…

On an appeal under Extradition Act 2003, a court may consider a new legal issue not raised at the extradition hearing. Section 27 distinguishes a new issue…

In an extradition case involving Article 8, proportionality must be assessed by reference to the individual circumstances, including the interests of dependent…

On an appeal under section 26 of the Extradition Act 2003, the court determines whether the statutory grounds of appeal are made out. It does not decide…

Under the Extradition Act 2003 and the Extradition Act 2003 (Multiple Offences) Order 2003, a warrant containing several alleged offences may remain effective…

An appeal under section 26 of the Extradition Act 2003 will ordinarily be confined to the issues and evidence raised before the district judge. Evidence…

An extradition appeal based on alleged inhuman prison conditions must be supported by properly raised grounds and evidence. A general assertion of…

An interim conditions of practice order may be extended where the underlying disciplinary proceedings are progressing towards conclusion and scheduled hearings…

Where a respondent has received the claim form, does not oppose an application, consents to an interim order being extended, and agrees that the application…

The court may extend an interim suspension order where, having considered the material before it, it is satisfied that an extension is appropriate.

On an appeal under section 40 of the Medical Act 1983, the court gives weight to the professional tribunal’s expertise but may substitute its own judgment…

A search warrant must identify, so far as practicable, the articles sought. Under Police and Criminal Evidence Act 1984, section 15(6) imposes requirements…

New evidence on an extradition appeal should be admitted only where it was unavailable at the original hearing and is capable of being decisive. Evidence that…

An extradition appeal will not be adjourned merely to obtain further material on prison conditions where the Article 3 case has no merit. Matters relied on…

Family hardship is relevant when assessing whether return to face criminal proceedings is proportionate, but it will generally carry little weight where the…

In extradition proceedings, the adverse effect of returning a person to serve a sentence on a spouse, children or the wider family will not normally make the…

In an extradition appeal based on Article 3, generally unsatisfactory prison conditions in the requested state do not establish a breach where conditions have…

In an extradition appeal based on family life, the adverse effect on a partner and child will not, without more, establish that extradition is disproportionate…

Threats to kill police officers constitute an extradition offence. An appeal against an order for return therefore has no merit where the conduct relied upon…

An appeal which has been withdrawn pursuant to a consent order should be formally dismissed by the court.

On a statutory appeal against a professional disciplinary sanction, the court reviews the tribunal’s decision with appropriate respect for its specialist…

Seizure notices under the Customs and Excise Management Act 1979 must be assessed according to substance, not technical form. The question is whether, in their…

The civil standard of proof remains the balance of probabilities, even where allegations are serious or the consequences of proof are substantial.…

After the statutory extradition process and Strasbourg proceedings have concluded, a requested person must raise any further point at the earliest proper…

In determining a planning permission’s terms, the court construes the permission and any incorporated plans. Where the permission is ambiguous about the…

Territorial limits may be implied into the statutory trade-union recognition scheme, but the question is whether the connection of the proposed bargaining…

A planning authority’s classification of development under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 involves statutory…

Under the Applications from abroad policy, an overseas asylum application involves two stages: acceptance and, if accepted, substantive consideration. A…

A public authority must take reasonable safeguards when disclosing sensitive information obtained in the course of its public functions. Disclosure should be…

In deciding whether extradition would be unjust or oppressive because of delay, the court must assess all relevant circumstances cumulatively. The seriousness…

A legal representative who unreasonably or improperly disregards court orders, correspondence and hearing preparations may be ordered personally to pay the…

Judicial review of a withdrawn decision is ordinarily academic and should not proceed. The Administrative Court retains a discretion to determine an academic…

An interim regulatory order may be extended where the disciplinary process has not been completed and continuation is required for the protection of the public…

Where a person was sentenced in absentia but was later informed of the sentence and his appeal rights, an out-of-time appeal and subsequent failure to pursue…

Under section 14 of the Extradition Act 2003, the question is whether extradition would be unjust, not simply whether a fair trial might be more difficult…

An extradition appeal will not succeed where the appellant’s account of political persecution is unsupported, has been rejected by the extradition judge, and…

In an extradition appeal based on Article 8, the welfare of dependent children and the impact on family members must be balanced against the imperative of…

Transfer arrangements under the Convention on the Transfer of Sentenced Persons and its Additional Protocol are facilitative. Neither the sentencing state nor…

An offence requiring a specific intent is not ordinarily one of strict liability merely because it is committed by a company. The prosecution must establish a…

In a Part 1 extradition appeal, the seven-day statutory requirement for giving notice of appeal to the court is strict. The court may, however, take a broad…

An authority assessing an acquitted defendant’s costs from central funds must allow a sum reasonably sufficient to compensate for properly incurred expenses.…

A holder of a wholesale dealer’s licence must comply with the wholesale-distribution requirements whenever it acts as a licence holder. This applies even where…

An application to modify a definitive map under section 53(5) of the Wildlife and Countryside Act 1981 must comply strictly with paragraph 1 of Schedule 14…

For the passage-of-time bar to extradition under section 14 of the Extradition Act 2003, a person properly characterised as a classic fugitive cannot rely on…

On an application under section 41A(10) of the Medical Act 1983, the court exercises an original jurisdiction and decides for itself whether an interim…

Conditions attached to a private hire operator’s licence must be construed as a whole, including their expressed purpose and relevant context. Ambiguous…

Immigration detention must comply with statutory limits, the Hardial Singh principles and the Secretary of State’s published detention policy. Where a detainee…

In a conviction case, extradition is legally available where the sentence imposed reaches the statutory minimum, even if the underlying offences appear…

In deciding whether to vary bail pending an extradition hearing, the court may maintain stringent conditions where the evidence establishes a considerable risk…

Fresh evidence on an extradition appeal should be admitted only where it was unavailable at the extradition hearing and would have been decisive. Evidence is…

An arrest warrant under Part 1 of the 2003 Act must give sufficiently particular information about the alleged offence. A broad description of criminal conduct…

Extradition will be prevented on private and family-life grounds under Article 8 of the Strasbourg Convention only in a truly exceptional case. Personal…

In extradition proceedings, a requesting European state is presumed able to provide appropriate medical care and reasonable protection to a person in custody.…

In extradition proceedings involving dependent children, the court must assess proportionately the interference with family life under Article 8. The…

The Secretary of State may reject a Parole Board recommendation on transfer to open conditions, but must give the recommendation and its reasoning proper…

A breach of the statutory prohibition on disclosing an asylum claim to a prospective return destination does not automatically invalidate removal arrangements…

An appeal against a professional disciplinary decision succeeds only where the decision was wrong or unjust because of serious procedural or other…

Strategic environmental assessment is a process, not a single document. An environmental report must identify, describe and evaluate reasonable alternatives…

In planning decisions affecting children, their best interests must be treated as a primary consideration. The requirement is substantive rather than formal. A…

Judicial review of a planning decision is concerned with legality, not the merits of planning judgment. An elected planning committee may depart from officers’…

An appeal under section 41A(10) of the Medical Act 1983 is a full appeal. The High Court exercises its own judgment and may consider subsequent developments…

Under article 31(8) of the Nursing and Midwifery Order 2001, the court may extend an interim suspension order where continuation is necessary to protect the…

Article 8 does not generally require the state to provide accommodation or welfare assistance. Any positive obligation is exceptional and depends on whether…

Where a judicial review claim is compromised before full argument, and a material evidential gap remains, the court may adjourn the claim generally with…

An extension of time may be granted where the circumstances justify it, including where the respondent will suffer no material prejudice and the matter can be…

When deciding whether to extend an interim suspension order under Medical Act 1983, the court is the primary decision-maker. It must not determine the truth of…

When reviewing an interim suspension under section 41A of the Medical Act 1983, the court exercises an original jurisdiction rather than a conventional…

For student support funded from public funds, ordinary residence ordinarily requires lawful residence. Physical presence in breach of immigration law cannot be…

Extradition proceedings may be an abuse of process where a requesting prosecutor deliberately delays extradition under an accusation warrant, permits or…

The court may extend an interim suspension order where procedural difficulties have prevented the relevant professional disciplinary proceedings from being…

An appeal under section 40 of the Medical Act 1983 is a rehearing, but the High Court must give appropriate weight to a specialist fitness to practise panel…

An interim registration order may be extended where the regulatory body provides a cogent explanation for delay and has taken reasonable steps to progress the…

Where a respondent is an individual who cannot be found, the court may dispense with service of the claim form under CPR 6.16(1). It may also dispense with…

A student’s unequivocal decision to withdraw from a course is not invalid merely because the institution fails to complete its prescribed withdrawal form…

A domestic court is bound by existing appellate authority on the temporal scope of Convention investigative duties and cannot apply a later Strasbourg decision…

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

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

The court may extend an interim suspension order where the evidence shows that continuation remains necessary to protect the public or is otherwise in the…

The court may extend an interim order for a specified period where the circumstances justify the order sought. The respondent should be given a stated…

A suspension notice under Environmental Permitting (England & Wales) Regulations 2010, regulation 37(4)(a)(ii), must explicitly identify the steps required to…

Under section 20 of the Extradition Act 2003, an extradition judge must address, sequentially, whether a person convicted in absence deliberately absented…

On an appeal under section 40 of the Medical Act 1983, the court must exercise a secondary judgment and allow the appeal only where the Fitness to Practise…

In a disputed-age judicial review, the court must determine as a question of fact whether the claimant was under 18. The court must reach its own decision on…

In a suicide-risk extradition case, Extradition Act 2003, section 91 requires an overall factual judgment under a high threshold. The court must assess whether…

Criminal liability for the deliberate killing or disturbance of protected species does not automatically arise whenever a lawful activity carries a known risk…

In Green Belt planning cases, a policy requiring evidence that a suitable business re-use cannot reasonably be secured must be applied according to its terms.…

An interim suspension order may be extended where the allegations are serious and would call the practitioner’s fitness to practise into question, and…

A non-commercial society does not cease to qualify under section 19 of the Gambling Act 2005 merely because it employs a commercial external lottery manager…

An application under Article 31(12) of the Nursing and Midwifery Order 2001 is determined on its merits. The court decides what interim order is appropriate…

Immigration detention must comply with the Secretary of State’s published detention policy, as well as statutory and common-law limits. Where a detainee…

In a judicial review concerning administrative removal for breach of a restriction on working hours, the defendant bears the burden of proving the relevant…

Extradition to a Council of Europe state is assessed against the presumption that it can and will comply with the Convention. An Article 3 challenge requires…

On an application to extend an interim order, the court must apply the statutory requirements and then determine a proportionate period. It must not anticipate…

The common law does not recognise voluntary active euthanasia as a defence to murder. Creating such a defence would be a major change in controversial social…

The laying of an information before a magistrates’ court commences criminal proceedings. It is therefore conduct of litigation and a reserved legal activity…

In planning decisions, the materiality of a consideration is a question of law, but the weight given to it is ordinarily a matter of planning judgment. A…

On a renewed application for permission to seek judicial review of an economic regulator’s determination, the court must distinguish an arguable public-law…

Under article 31(8) of the Nursing and Midwifery Order 2001, an interim suspension order may be extended where this is necessary to protect the public or…

When extending an interim suspension order, the court must independently ensure that continuation is proper, even where the registrant consents and does not…

An interim suspension order may be extended where the court is satisfied that continuation is appropriate, proportionate and necessary for the protection of…

An interim suspension order may be extended where it remains appropriate and necessary for public protection. Serious allegations concerning clinical care may…

An interim suspension order may be extended where the extension remains necessary and proportionate to protect the public or otherwise serve the public…

A challenge under section 288 of the Town and Country Planning Act 1990 is concerned with legal error, not a rehearing of planning merits. A mistake of fact…

Immigration detention pending deportation is lawful only for so long as deportation remains reasonably achievable within a reasonable time and detention…

A housing provider may apply a policy restricting the rehousing of a person in an area where serious antisocial behaviour previously occurred, even though the…

Regulations made under section 17A of the Jobseekers Act 1995 may prescribe a single umbrella scheme whose constituent programmes are administered flexibly…

A removal decision is unlawful where the decision-maker fails to undertake the structured assessment required by the applicable Immigration Rules and by the…

A local authority’s full council may allocate, reduce or increase funds through the budget, but it may not direct the executive to spend those funds in a…

In an appeal under the Police Appeals Tribunal Rules 2008, “unreasonable” means a Wednesbury-type test shorn of technicality. The Tribunal must consider all…

A social services authority may ordinarily assume that no specific housing-cost allowance is required when a community care user lives with parents, close…

A judicial review challenge to the Upper Tribunal’s refusal of permission to appeal is subject to the second-tier appeal criteria. Permission requires an…

On judicial review of refusal of bail on a murder charge, the court must address the specific statutory test in paragraph 6ZA of Schedule 1 to the Bail Act…

A search warrant for a serious-fraud investigation requires independent judicial scrutiny. The investigator must present the commercial background, alleged…

In an age-dispute judicial review, the court must determine as a matter of fact whether the claimant was under 18 at the material time. The court must apply…

An interim suspension order may be extended where the allegations are particularly serious, the regulator has taken reasonable steps to progress the case…

In immigration detention cases, the lawfulness of the decision to detain is not confined to cases involving arbitrariness or an extreme public-law error. The…

False claims and fabricated evidence seriously damage the administration of justice and public confidence in the courts. In serious cases of contempt involving…

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

For Article 14 purposes, long-term determinate and tariff-expired indeterminate prisoners are sufficiently analogous when their early release is assessed by…

Proof that an appellant was previously tortured does not automatically prevent extradition. It is, however, a serious factor requiring detailed and careful…

Whether a structure is “development” under the Town and Country Planning Act 1990 is generally an evaluative planning judgment, but the planning authority must…

For a message to have a menacing character under section 127(1)(a) of the Communications Act 2003, its terms, context and circumstances must objectively convey…

A person may commit contempt of court by knowingly making or supporting a fraudulent claim, making a false statement without an honest belief in its truth, or…

A discrimination challenge to Immigration Rules requires a comparator class whose members are in materially analogous circumstances. Union citizens who have…

The Cart threshold is exceptionally high. The second limb requires a legally compelling reason, not mere unfairness or serious consequences. A procedural…

In reviewing the categorisation of a Category A prisoner, procedural fairness is fact-specific. The decision-maker must ask whether fairness requires an oral…

A public authority’s equality duty requires substantive, rigorous and open-minded consideration of the statutory equality aims before, and during, an important…

Police security vetting is a public function amenable to judicial review even where carried out under a private contract. The duty of fairness has substantive…

The GMC may define an acceptable overseas medical qualification by mandatory minimum criteria. Such criteria do not unlawfully fetter its statutory discretion…

For permission purposes, a claim under the Equality Act 2010 concerning reasonable adjustments is not determined by asking whether the Secretary of State acted…

For the purposes of extradition, a person may be an accused person even where the requesting state uses a pre-trial interview procedure. The relevant question…

On an extradition appeal, a tenable point of law requiring no new evidence may generally be raised for the first time, particularly where it concerns dual…

The court may extend an interim suspension order where the evidence shows a continuing risk to the public and the extension is reasonably required to allow…

Double jeopardy does not bar extradition where the domestic conviction concerns a different act, route of importation and period from the foreign conspiracy…

Transport conditions may fall within Article 3 of the ECHR. The threshold is high. A breach requires treatment sufficiently severe to humiliate or debase…

An application for a warrant under the Consumer Protection from Unfair Trading Regulations 2008 requires full and accurate disclosure of material facts and…

Cross-examination in judicial review proceedings is exceptional, but the court may order it where it is necessary for the claim to be determined, and seen to…

A local authority must distinguish between the contractual office of chief executive and the statutory designation of an officer as head of paid service. Where…

A local authority adopting a general policy for special guardianship allowances must assess the allowance by reference to the hypothetical typical case and…

Where land is held by a local authority on a statutory trust for public recreation, public use is by right, not as of right, and cannot found registration as a…

A decision-maker responding to an earlier unlawful decision must consider the earlier illegality, the individual’s reasonable reaction to it and its…

Findings of dishonesty in professional disciplinary proceedings require more than proof that information was inaccurate, misleading or negligently presented.…

In reviewing an executive decision to support designation under an international counter-terrorism sanctions regime, the court applies ordinary public law…

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

In a planning reasons challenge, the court must decide whether the applicant has suffered substantial prejudice from the deficiency, rather than apply an…

The statutory concept of a bookmaker must be determined from the words used in the legislation, read in context and in light of its purpose. Where criminal…

An appellant should ordinarily raise extradition objections at the first hearing rather than for the first time on appeal. Where the court nevertheless…

Where an extradition arrest warrant has been issued by a prosecutor, the question whether the prosecutor is an appropriate judicial authority must be…

For the purposes of section 2(2) of the Extradition Act 2003, a prosecutor issuing a European Arrest Warrant may constitute a judicial authority. An…

An appellant should ordinarily raise every ground and call supporting evidence before the district judge in extradition proceedings. A new ground will be…

Where extradition is opposed on the ground that non-state agents pose a risk to life or of inhuman or degrading treatment, the court may consider whether the…

Extradition appeals should be dealt with expeditiously. Grounds relating to family life should ordinarily be raised at the initial hearing. They may be…

An appeal should be re-opened under Part 52.17 only where this is necessary to avoid real injustice. The court must undertake at least a basic assessment of…

When considering whether to extend an interim suspension of a doctor, the court should not determine the truth of outstanding allegations. It should assess…

Certification of a human rights claim as clearly unfounded requires a high threshold. The Secretary of State must be reasonably and conscientiously satisfied…

A person previously subject to a Control Order may be made subject to a first TPIM notice based on terrorism-related activity occurring before the TPIMA came…

Section 142 of the Magistrates’ Courts Act 1980 does not apply directly to extradition proceedings. Nor is it imported generally through the provisions of the…

For zero-rating of unoccupied premises under section 45A(2) of the Local Government Finance Act 1988, it is not necessary to show that the owning charity will…

A way cannot be a public highway if the public have no right of entry to it from another highway or from land over which they have a public right of access.…

Where the Secretary of State considers leave outside the Immigration Rules by reference to paragraph 395C, the listed factors must be considered holistically.…

Environmental consultation must provide an informed and effective opportunity to participate. Compliance with domestic minimum consultation periods is not…

In an immigration case involving an unaccompanied child, the best interests of the child must be assessed as a primary consideration before countervailing…

An application for compensation under section 302(1) of the Proceeds of Crime Act 2002 is regulated as a complaint from the moment it is lodged. The six-month…

A solicitor’s professional trustworthiness extends beyond honesty and integrity to include competence. Repeatedly representing persons as partners without…

Under section 2(2) of the Contempt of Court Act 1981, the question is whether a publication created a substantial risk that the course of justice would be…

Solicitors’ Accounts Rules impose a strict liability obligation on principals to ensure compliance. By contrast, professional supervision duties require a…

In a challenge under Town and Country Planning Act 1990, an inspector may give little weight to a planning obligation where it binds one area of land but…

Pre-emptive police action to prevent an imminent breach of the peace is exceptional and requires a reasonable apprehension that violence or harm is likely in…

A local authority’s approval of a budget may involve the exercise of statutory functions concerning youth services where the budget includes reductions which…

A wasted costs order under Magistrates' Courts Act 1980 requires a finding that the legal representative acted improperly, unreasonably or negligently before…

In extradition appeals, statutory time limits may be extended where their operation would impair the essence of the right of appeal and justice requires an…

A public authority must comply with a procedural duty imposed by primary legislation, even where the executive considers that a different policy would be…

On an extradition appeal, evidence that does not contradict the warrant does not justify reopening the factual basis of the extradition decision. Article 8…

An extradition appeal may be dismissed while the court defers sealing the extradition order where a short, justified delay is appropriate. The statutory period…

An extradition appeal cannot ordinarily succeed on factual matters that were not raised before the district judge. The appellate court cannot go behind a valid…

Where a European arrest warrant is clear on its face and contains the necessary information, the requested person cannot ordinarily invite the executing court…

A stop and search under section 60 of the Criminal Justice and Public Order Act 1994 does not necessarily deprive a person of liberty under Article 5. The…

At the conclusive decision stage, the question is whether the person has been a victim of trafficking, not whether she was trafficked into the United Kingdom…

Section 144(2) of the Customs and Excise Management Act 1979 does not automatically bar recovery of costs merely because objectively reasonable grounds for…

A Crown Court has no inherent power to remit a young defendant to the Youth Court. Such a power requires statutory authority. The distinction between a…

For an offence under section 328(1) of the Proceeds of Crime Act 2002, the arrangement must facilitate the acquisition of criminal property at the time it is…

The principle that like cases should be treated alike requires a public decision-maker to engage meaningfully with a small and identifiable group of materially…

The compatibility of a statutory disclosure power with Article 8 must be assessed by examining the entire legal framework, including related legislation…

The principles of equivalence and effectiveness do not require identical enforcement mechanisms for different European Union working-time rights. Equivalence…

A certificate under section 116 of the Social Security Administration Act 1992 is conclusive evidence of the relevant date unless inaccurate on its face or…

Failure to comply with planning notification or certification requirements does not automatically require a grant of planning permission to be quashed. Under…

The phrase “for the purpose of preventing the spread of disease” in section 10(2)(a) of the Protection of Badgers Act 1992 includes preventing transmission…

Article 56 TFEU does not govern transport services where Article 58 directs attention to the Treaty provisions on transport. The general EU principle of equal…

Under Care Standards Act 2000, “carrying on” an establishment has a broader scope than managing it. Liability is not confined to its owner, proprietor or…

In matters of national security and military operational deployment, the courts exercise substantial restraint. Review remains possible where the action falls…

A policy requiring consideration of further asylum submissions before considering an associated application for accommodation under section 4 of the…

A statutory prohibition on issuing more than one premises licence for the same premises applies to converted licences unless the legislation expressly modifies…

Under the Terrorism Prevention and Investigation Measures Act 2011, previous control-order restrictions do not prevent the Secretary of State from imposing a…

Highly trusted sponsor status may be refused without proof of actual harm to immigration control. The relevant question is whether the sponsor’s past conduct…

Restraints used on a detained person during hospital attendance must be reasonably necessary and proportionate in all the circumstances. The assessment must…

In civil proceedings for a risk of sexual harm order, the criminal standard of proof applies to the allegation that the defendant committed the qualifying…

An effective remedy under Article 39 of the Procedures Directive need not be an immediate merits appeal against the initial refusal of asylum. Its…

An appeal against revocation of a firearm certificate must be determined on the merits, having regard to all relevant evidence and circumstances. Leaving…

Forfeiture under section 298(2)(b) of the Proceeds of Crime Act 2002 requires the particular cash to be intended for application in unlawful conduct. It is…

When deciding whether to extend an interim suspension of a doctor’s registration, the court applies the same criteria as the regulatory body. Relevant…

A Prison Service Instruction may be judicially reviewed where its guidance creates an unacceptable risk that governors will act incompatibly with Convention…

Under the Dublin system, mutual trust between Member States creates a strong assumption that asylum seekers will receive treatment compatible with fundamental…

Forfeiture of cash under Part 5 of the Proceeds of Crime Act 2002 requires proof, on the balance of probabilities, that the cash was obtained by or in return…

The threshold for reviewing a Pensions Appeal Tribunal decision is low, and “relevant change of circumstances” has a wide meaning. However, a later decision…

A planning authority must address potential contamination where its own environmental health advice and national planning guidance identify investigation and…

In an extradition appeal, an unparticularised asylum claim will not ordinarily justify adjourning the appeal, particularly where no supporting evidence has…

A court interpreting its own order must use objective material, including the reasoned judgment and the circumstances in which the order was made. It may…

An interim suspension order may be extended where the court concludes that continuation is in the public interest. The court will scrutinise delay in…

When deciding whether to extend an interim suspension order, the court applies the same criteria as the regulatory body applies when making the order. Relevant…

In European arrest warrant proceedings, legal representation must be provided quickly enough to enable compliance with the Framework Decision’s expedition…

A professional disciplinary hearing may proceed in a registrant’s absence only where the tribunal is satisfied that the absence and any lack of representation…

A professional regulator must make an informed and proportionate decision on sanction. Where a registrant faces possible striking-off for serious dishonesty…

Immigration detention under paragraph 2 of Schedule 3 to the Immigration Act 1971 remains subject to the Hardial Singh principles. The court itself determines…

A certificate of appropriate alternative development under the Land Compensation Act 1961 must be determined by applying ordinary planning principles in the…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, a development must be assessed against the Development Plan as a whole. A proposal may…

Norwich Pharmacal relief cannot be used to compel evidence for foreign proceedings where Parliament has provided an exclusive statutory regime for obtaining…

Where a public authority has failed to consult fairly at a formative stage, the normal remedy is to quash the resulting decision. The court should refuse a…

A public authority may generally change its policy without consultation. However, procedural fairness may require consultation where a small, identifiable…

Judicial review does not lie to challenge the exercise of academic judgment, including decisions assessing examination work or imposing academic consequences…

For the purposes of fraud by false representation, a representation must concern an existing or past fact, including a present state of mind. A promise about…

Dishonouring a cheque, without more, is not an offence under s2 of the Fraud Act. The relevant question is whether the particulars fairly allege an earlier…

Retention by the police of identifiable custody photographs interferes with the right to respect for private life under article 8 of the Convention. Such…

The compensation scheme covers losses connected with the purported practice of licensed conveyancers, not merely losses suffered by their clients or arising…

Immigration detention pending deportation remains lawful only while the Secretary of State intends removal, acts with reasonable diligence and expedition, and…

In a fresh asylum claim, the Secretary of State must assess new material together with material previously considered and decide whether it creates a realistic…

Extradition must be refused where the requested person establishes strong grounds for believing that return would expose him to a real risk of a flagrant…

Mutual assistance under the Crime (International Cooperation) Act 2003 is discretionary. The policy of international co-operation means that assistance should…

For the purposes of section 1 of the Child Abduction Act 1984, taking or sending a child out of the United Kingdom refers to the act of removal. It is not a…

Immigration detention remains lawful only while the Hardial Singh principles are satisfied. The Secretary of State must intend removal, detain only for a…

A hackney-carriage byelaw prohibiting driving so as to expose persons to risk of injury may regulate the manner in which the carriage is driven, as well as the…

Whether a body is concerned with the administration of a pension scheme is a question for the court, unless Parliament has entrusted that question to the…

A policy allowing exceptional discretion in immigration cases is not unlawful merely because it lacks an exhaustive definition of exceptional circumstances.…

Interim suspension may properly continue where serious allegations justify protection of patients and the public pending a Fitness to Practise Panel hearing.…

A coroner deciding which verdicts to leave to a jury must apply a dual safeguard. The coroner must ask both whether evidence exists on which a properly…

Whether a person arrested under a Part 1 European arrest warrant was brought before the appropriate judge as soon as practicable is ordinarily reviewed on…

The statutory power to detain a person pending deportation is subject to implied limits. Detention is lawful only for a reasonable period and while removal…

Where a claimant’s Part 36 offer is at least as advantageous as the judgment obtained, the consequences under rule 36.14(3) ordinarily follow unless it would…

In a challenge to a planning permission, the court held that a decision-maker may choose a planning obligation rather than planning conditions where both…

A licensing authority may attach conditions to a hackney carriage proprietor’s licence under section 47 of the Local Government (Miscellaneous Provisions) Act…

Judicial review examines the legality and fairness of the decision-making process, not the merits of the underlying decision. A public body must follow…

When applying regulation 21 of the Immigration (European Economic Area) Regulations 2006, a decision-maker must consider whether deportation may prejudice the…

The public sector equality duty requires substantive consideration of equality impacts before and during the formulation of a policy that may affect protected…

On an appeal from the Solicitors Disciplinary Tribunal, the appellate court should respect the Tribunal’s expertise but may substitute its own view where…

In an application for indefinite leave to remain as a victim of domestic violence, the decision-maker must evaluate the entirety of the evidence through a…

A decision whether proposed development is likely to have significant environmental effects, and therefore whether the EIA regime applies, is reviewable on the…

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

On an extradition appeal, fresh evidence which was available at the extradition hearing should not ordinarily be admitted. Evidence is available where it…

Under Extradition Act 2003, passage of time bars extradition only where return would be unjust or oppressive. A fugitive who knowingly leaves the requesting…

A deprivation order under Powers of Criminal Courts (Sentencing) Act 2000 s 143 deprives the offender only of rights in the property. It does not deprive a…

The statutory power to retain property seized during a criminal investigation extends only for purposes connected with the power of seizure. It does not permit…

Where an applicant does not satisfy the Immigration Rules, the Secretary of State may nevertheless grant leave outside the Rules under a published policy…

The application was allowed. The Administrative Court quashed the District Judge’s decision rescinding the extradition order and also quashed any order…

In an Article 2 inquest, a coroner must investigate the central issues directly causative of the death, but need not investigate every possible or peripheral…

An appeal against conditions on a practising certificate is by way of rehearing. Conditions must be necessary and proportionate to protect the public interest…

When a proposal affects a designated heritage asset, the local planning authority must give special regard to its preservation and apply the presumption in…

The overt compilation and retention of intelligence reports recording a person’s attendance at public political demonstrations will not necessarily engage…

Permission for judicial review of an Upper Tribunal refusal to grant permission to appeal is subject to the stringent second-tier test. Permission should be…

Rent assessment committees may use local knowledge and professional experience when determining a fair rent. They must give adequate and intelligible reasons…

Section 142(2) of the Magistrates’ Courts Act 1980 is a limited power to correct mistakes or errors. It is not equivalent to an appeal or a general power of…

Planning judgment is for the planning decision-maker, not the reviewing court. A challenge under Town and Country Planning Act 1990 section 288 must identify…

The statutory question under section 94(5) of the Nationality, Immigration and Asylum Act 2002 concerns the general situation in the designated state. It is…

At the permission stage, the court asks only whether the proposed judicial review claim is arguable. An ordinary employment dispute does not acquire a…

A coroner conducting an Article 2 inquest must investigate fully, fairly and fearlessly, but retains discretion to set the bounds of the inquiry. The scope is…

For robbery under section 8 of the Theft Act 1968, the prosecution must prove force used on a person, or putting a person in fear of such force. The statutory…

A statutory decision-maker must give intelligible and adequate reasons addressing the principal important controversial issues. Where a decision rejects…

A local authority cannot use the general well-being power in Local Government Act 2000, section 2, together with section 121 of the Local Government Act 1972…

Judicial review of a refusal by the Upper Tribunal to grant permission to appeal is subject to the stringent second appeals test. A compelling reason may arise…

Detention pending deportation remains lawful where deportation is a realistic prospect, the period of detention remains reasonable, and the Secretary of State…

Investigatory powers under Part 8 of the Proceeds of Crime Act 2002 may be used after a confiscation order has been made, provided they investigate the…

At the permission and interim-relief stage, serious psychiatric evidence may establish a good arguable case that immigration detention is unlawful under the…

A decision refusing bail must apply the statutory threshold that there are substantial grounds for believing that a specified risk exists. A failure to use the…

Certification of a human rights claim as clearly unfounded is lawful only where an appropriately directed Immigration Judge would be bound to dismiss the…

In disciplinary proceedings, a court may grant a further extension of time, but repeated extensions should not be treated as routine. The Nursing and Midwifery…

Where a professional regulatory matter has already been delayed, the court may grant a further limited extension, but repeated extensions should not be treated…

Showman’s vehicle exemptions are construed by their ordinary meaning in the statutory and safety context. A vehicle may qualify as a showman’s goods vehicle…

In an extradition appeal, return to serve an imposed sentence is prima facie proportionate, even where removal separates the person from family members.…

Judicial review of interim case-management decisions made in pending Crown Court proceedings is subject to a high threshold. The claimant must show that the…

A breach of section 13(3) of the Immigration and Asylum Act 1999 does not automatically invalidate later removal directions, particularly where the disclosure…

An ombudsman exercising the statutory discretion to determine what is fair and reasonable must act reasonably, but the court must respect the expertise and…

When considering an application to extend an interim suspension in professional disciplinary proceedings, the court must assess the period sought against the…

A public authority is not generally required to consult affected bodies about the precise criteria chosen to reduce discretionary public funding. A…

Production orders directed to journalistic material require more than a formulaic recital of statutory conditions. The applicant must provide cogent, specific…

Article 13 of the Council Directive 2004/83/EC does not require refugee status to be granted retrospectively from the date of an earlier tribunal decision. A…

A licensing authority may charge only a reasonable fee connected with the authorisation process. Since the domestic implementation of the Services Directive…

A police authority exercising the consensual reconsideration power under regulation 32(2) of the Police (Injury Benefit) Regulations 2006 may not refuse…

In extradition proceedings, generalised fears of assault or ill-treatment in custody do not establish a breach of Articles 2 or 3 where the requested state can…

A statutory disciplinary tribunal generally has no power to rescind or reopen a final decision once communicated, except to correct an accidental error which…

A professional disciplinary tribunal should find dishonesty only on solid grounds. The allegation must be clearly particularised, fairly put and adjudicated…

A magistrates’ court may try an adult defendant in his absence where, despite medical evidence, it is reasonably satisfied that he is deliberately frustrating…

Immigration detention pending deportation remains lawful only while there is a realistic prospect of removal within a reasonable period. The assessment is…

Judicial review proceedings ordinarily should not continue where the defendant has agreed to reconsider the challenged decision. Once reconsideration is…

Detention pending deportation remains lawful only while deportation is intended, removal remains reasonably practicable within a reasonable period, and the…

An error of fact in a planning decision is reviewable on a statutory appeal only where it gives rise to unfairness. Relevant considerations include whether the…

A conservation area management plan prepared under section 71 of the Planning (Listed Building and Conservation Areas) Act 1990 is concerned with conservation…

For the Class N Council Tax exemption, the word “or” in the phrase concerning a non-British spouse prevented from taking paid employment or claiming benefits…

On an appeal from a professional disciplinary panel, the High Court must correct material errors of fact or law and conduct its own secondary judgment, while…

A public authority required by statutory guidance to have due regard to the actual cost of providing care must take that matter into account, but need not…

In planning appeals, a decision-maker may take account of a proposed change in planning policy, including the abolition of regional strategies or withdrawal of…

A taxpayer may obtain judicial review where HMRC’s conduct gives rise to a legitimate expectation that a published concession will be applied. A representation…

A convicted defendant has no general right to obtain post-conviction disclosure or require the police to reinvestigate a case. The ordinary safeguards are the…

For registration under section 4B of the British Nationality Act 1981, the Secretary of State must be satisfied that the applicant has no other citizenship or…

Restrictions in a local-government code of conduct must be interpreted consistently with the common-law and Convention protection of freedom of expression.…

For extradition purposes, the description of an offence in a European Arrest Warrant must be read as a whole. An apparent typographical error or imprecision…

An extradition appeal based on prison conditions and family life will not succeed without specific evidence demonstrating a breach of Article 3. A general…

An extradition appeal may be struck out where the appellant fails to comply with an order requiring perfected grounds of appeal. Where necessary to set time…

In an extradition appeal, mere denial of guilt does not provide a ground for resisting extradition. An Article 3 objection based on general and unsupported…

For extradition purposes, the requesting state must establish an equivalent English offence to the conduct described in the warrant. Possession of a small…

Extradition must be adjourned while an asylum claim is pending where Extradition Act 2003, section 39 prevents extradition. A claim based on prison…

An adjournment should be refused where a pending foreign application is uncertain to affect the extradition proceedings, will be decided before extradition…

In naturalisation judicial review claims involving sensitive national security material, the duties of fairness, reasons and candour are subject to public…

Registration of a publication under the Newspaper Libel and Registration Act 1881 does not determine whether it is a newspaper for a different statutory…

Magistrates have a wide discretion to adjourn a summary trial. Their decision is challengeable only where it falls outside that discretion. In assessing an…

A breach of the applicable police Code of Practice does not automatically require the exclusion of evidence under section 78 of the Police and Criminal…

A police officer’s failure to comply with the mandatory procedural requirements governing a search may make the search unlawful. It does not necessarily…

Byelaw 18(2) creates an offence only where a person fails to hand over a ticket for inspection and verification of validity after being asked to do so by an…

When deciding whether to impose, vary or discharge a reporting restriction under Children and Young Persons Act 1933, the court must balance the welfare of the…

For the passage-of-time bar to extradition, a fugitive ordinarily cannot rely on delay occurring after flight, because its effects are treated as resulting…

The power to suspend benefit pending an appeal may be exercised where the statutory conditions are met, including where an appeal against a First-tier Tribunal…

A challenge to an inspector’s planning decision under sections 63 and 288 is not an appeal on the planning merits. A challenge based on perversity faces a…

Whether further representations constitute a fresh claim under paragraph 353 of the Immigration Rules is reviewable only on Wednesbury grounds. The question is…

Extradition for prosecution requires the offences for which prosecution is intended to be identified. A request is not made for a legitimate prosecution…

On an appeal by case stated, the Divisional Court should not substitute its own factual inferences for those of the magistrates. The question is whether, on…

A person’s means must be assessed separately from those of a spouse or partner when determining whether non-payment of compensation amounts to wilful refusal…

Certification of an asylum or human-rights claim as clearly unfounded is reviewed by applying ordinary judicial-review principles, with anxious scrutiny. The…

Costs awards made by a planning inspector under the general statutory costs jurisdiction are challengeable by judicial review, not under the statutory appeal…

For the purposes of paragraph 3.2 of Code A, a pat-down search and the placing of a hand on a person’s body do not ordinarily constitute a forcible search or…

Statutory powers to direct the cessation of sleeping-related activities and to seize items in Parliament Square were discretionary powers, not automatic…

Police information notices concerning alleged harassment are not statutory notices, convictions or findings that an allegation is true. Their issue should…

Immigration detention must remain directed to removal and must end when removal cannot be achieved within a reasonable period. The assessment is fact-specific…

Section 21(1)(a) of the National Assistance Act 1948 requires accommodation where a person presently needs care and attention which is otherwise unavailable.…

A community governance review must comply with the statutory sequence and time limits. Proposals or provisional recommendations made during consultation do not…

A coroner’s power to resume an adjourned inquest after criminal proceedings is highly discretionary, but the statutory threshold remains whether there is…

For an application under Regulation 7 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, whether…

Immigration detention pending deportation remains lawful only while it serves the purpose of removal, lasts no longer than is reasonable, and is pursued with…

A search warrant under Food Safety Act 1990 section 32(2)(b) may be issued where the evidence supports a reasonable inference that advance notice would defeat…

Where a person would have been deported after a full appeal process but leaves the United Kingdom before a deportation order is made, the Secretary of State…

A professional disciplinary tribunal has a discretion whether to adjourn when a registrant is absent or unable to participate. The tribunal must balance the…

The Dublin II system allocates responsibility for examining asylum claims between Member States. It does not confer a free-standing individual right to…

A certificate extending the usual time limit for prosecuting offences under the Animal Welfare Act 2006 need not be dated or served with the information or…

Section 31 of the Animal Welfare Act 2006 applies to private prosecutors. A compliant certificate is conclusive evidence of the certified date unless…

On a challenge under Town and Country Planning Act 1990, an inspector must apply the statutory Community Infrastructure Levy regime correctly before deciding…

An extension of a custody time limit requires proof of good and sufficient cause. The unavailability of a judge or courtroom will ordinarily be insufficient in…

An interim suspension order may be extended where the statutory requirements for extension are met, including that extension is necessary for public protection…

Under Part VII of the Housing Act 1996, a local housing authority must make statutory inquiries where a purported subsequent application is genuine and the…

Under section 21(1)(a) of the National Assistance Act 1948, “care and attention” means looking after a person by doing things which he cannot or should not be…

For the purposes of the Convention on Action against Trafficking in Human Beings, trafficking requires relevant action undertaken for the purpose of…

An advertisement is directed towards a political end under the Communications Act 2003 by an objective assessment of its content and purpose in context. The…

A High Court judge is bound by a Court of Appeal decision unless entitled to distinguish it. The judge cannot prefer a later Strasbourg decision where it…

For extradition to a category 1 territory, the applicant bears a heavy burden of showing a real risk of future treatment contrary to article 3 of the…

Judicial review relief remains discretionary where a decision-maker has used legally privileged material. The court must assess the material’s significance…

Immigration detention becomes unlawful where the decision to detain is materially affected by a public law error, including failure to consider serious mental…

A local authority must exercise its powers over land in accordance with the statutory purpose for which the land was acquired and held. A decision not actively…

A national prison policy allowing refusal of enhanced incentives status for a sex offender who was suitable but unready for a sexual offences treatment…

Whether a Parole Board should hold an oral hearing is a question of fairness, assessed by the court’s own primary judgment rather than by the Wednesbury…

A Parole Board hearing must be fair in the circumstances of the individual case. The Board may generally rely on hearsay and written evidence when assessing…

In planning appeals, an earlier decision is material only where the cases are alike in a relevant respect. If they are materially distinguishable, consistency…

The Parole Board must consider relevant material bearing on the risk posed by a prisoner’s release, including hearsay and allegations of misconduct or…

Detention pending deportation is lawful only while it serves the purpose of removal and for no longer than is reasonable in all the circumstances. The court…

Choice-based housing allocation schemes may lawfully limit applicants’ freedom to choose where necessary to avoid prolonged stays in temporary accommodation. A…

For the purposes of the double-jeopardy bar in section 80 of the Extradition Act 2003, the rule includes both the strict pleas of autrefois acquit or convict…

In domestic public law, disproportionality is not a free-standing ground of judicial review. A disproportionate response may nevertheless be unlawful if it…

A sponsor-licensing authority may adopt a mandatory refusal-rate threshold for highly trusted sponsor status. Where the governing guidance calculates the rate…

In judicial review proceedings brought with the support of a wider community, substitution of the claimant may be permitted where that association is apparent…

A Parole Board panel considering material withheld from a prisoner must assess whether non-disclosure can be mitigated, including by disclosure of separable…

An interim order for suspension may be extended where the statutory criteria are satisfied and the investigation requires further time. A contention that a…

For council tax purposes, a periodic tenancy arising after expiry of a fixed-term lease is a new leasehold interest, not a continuation of the expired term. A…

A Secretary of State has no general duty to consider using the exceptional power under regulation 4(8) of the Town and Country Planning (Environmental Impact…

Under Extradition Act 2003, section 91 requires a fact-sensitive assessment of whether extradition would be unjust or oppressive. Ordinary stress and hardship…

A remuneration order may lawfully reduce or remove a separate fee for work forming part of a larger body of legally aided work, provided the overall work…

A subordinate legislative measure may be irrational where it criminalises conduct falling within its words, although the authority making it had failed to…

On an appeal under section 40 of the Medical Act 1983, the High Court exercises a secondary judgment. It respects the specialist assessment of a Fitness to…

For aggravated trespass, “lawful activity” is not confined to activity carried on by natural persons. It may include a company’s activity. The prosecution need…

Whether conduct amounts to medical misconduct is principally a matter for the Fitness to Practise Panel’s judgment. On judicial review, the question is whether…

Under section 34(1)(c) of the Environmental Protection Act 1990, reasonable measures are assessed by reference to the waste holder’s capacity and the…

A European Arrest Warrant must state the alleged conduct clearly enough for the requested person to understand, with reasonable certainty, what he is said to…

Under the European Arrest Warrant system, the requested state will generally not examine the propriety of the requesting state’s conviction or trial.…

A criminal court must exercise great care before continuing a trial in a defendant’s absence, particularly where absence results from involuntary illness. The…

Under regulation 23(3) of the Police (Conduct) Regulations 2008, deciding whether a witness should attend misconduct proceedings is an exercise of judgment…

For a terrorism prevention and investigation measure, the absence of recent terrorism-related activity does not prevent the statutory conditions being met…

Under section 139 of the Customs and Excise Management Act 1979, actual liability to forfeiture is a condition precedent to lawful detention. It is not…

In a professional disciplinary matter, the court may extend an interim order where the delay is principally historical, the respondent has not attended listed…

An admission appeal panel must decide an appeal within the statutory conditions and the published admission arrangements. It must give clear and adequate…

In a planning decision, alternative sites may be relevant, but their relevance and weight depend on the nature and circumstances of the proposal. A…

In conjoined planning appeals, an Inspector may issue a single decision letter dealing with common issues, provided that the letter fairly demonstrates that…

A generalised or unsupported allegation of procedural unfairness or apparent bias does not justify transferring judicial review proceedings. The complaint must…

Article 6 does not give every unrepresented prisoner an automatic right to a computer for legal work. Access to a court and equality of arms are important…

Land covered by water, including a tidal beach, may be registered as a town or village green if the statutory requirements concerning lawful sports and…

In resolved judicial review proceedings, the court has power to decide costs even where the substantive claim ends without a trial. The central question is…

The Use Classes Order groups uses with similar planning characteristics. A change between purposes within the same class is not development by material change…

Notification requirements imposed automatically on persons convicted of specified terrorist offences may be compatible with Article 8 even without an…

On an appeal from a professional disciplinary panel, the court gives appropriate weight to the panel’s professional expertise, particularly in assessing a…

Permission for Norwich Pharmacal disclosure requires an arguable basis that the respondent was mixed up in the alleged wrongdoing and that disclosure is…

Custody time limits must be respected unless there is good and sufficient cause for an extension. In routine cases, shortage of court resources or allocated…

Extradition must be refused where the evidence establishes a real risk that the requested person will suffer torture or inhuman or degrading treatment. The…

Article 3 of the European Convention on Human Rights requires treatment to attain a minimum level of severity before it engages. Where the circumstances…

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

A prospective change in planning policy may be a material consideration before the existing policy is formally revoked. A decision-maker may therefore attach…

In a planning challenge, an inspector must address the applicable policy definition of a windfall site where that issue is material. A site which is not…

A land disposal is not a public works contract merely because the authority intends, or expects, development to occur. The procurement rules require a direct…

Where exclusion from the United Kingdom engages Article 10 rights, the Secretary of State must show convincingly that exclusion is necessary in a democratic…

The European Union legislation governing low value consignment relief establishes the permitted scope of VAT exemptions on imports. A member state may…

A breach of the Public Contract Regulations 2006 may, in appropriate circumstances, support public law remedies as well as the statutory remedies available to…

A highway user’s right to use and enjoy a public highway extends to its whole width at every point. An obstruction exceeding the minimal may therefore be…

On an appeal from a professional disciplinary panel, the High Court asks whether the determination was wrong. It should exercise care before disturbing factual…

Section 84 of the Extradition Act 2003 provides a specific code for admitting documentary statements in extradition proceedings. The relevant question is…

For a Part 1 European arrest warrant, the particulars must identify the conduct alleged to constitute the offence and, where relevant, the place of that…

An Ombudsman’s broad discretion to investigate complaints remains subject to judicial review where the decision-maker misdirects itself in law, ignores…

A person seeking status as a properly interested person at an inquest must have a reasonable and substantial interest in matters within the proper scope of the…

The Administrative Court granted permission for the judicial review application to be withdrawn. The court also ordered that the claimant’s costs be paid out…

A criminal appeal will ordinarily attract the criminal costs regime. Exceptionally, the court may exercise its general civil costs discretion where the…

The distinction between medical practice and research depends on purpose as well as objective circumstances. A practitioner’s intention is an essential factor…

Rateable occupation requires actual occupation, exclusive occupation, occupation of value or benefit, and occupation that is not too transient. Duration is…

A requirement under section 172 of the Road Traffic Act 1988 may be addressed jointly to more than one registered keeper where they share a registered address.…

A renewed application for permission to seek judicial review becomes academic where the claimant has pleaded guilty and been convicted. The court will not…

The court may extend an interim suspension order where the circumstances justify continued protection pending further disciplinary consideration. The…

A specialist disciplinary tribunal must remain within the issues canvassed by the parties. If it identifies an important factual or expert issue independently…

Planning decisions concerning materially similar proposals should adopt a coherent and consistent approach. A decision-maker may depart from an earlier…

Under section 113B(4) of the Police Act 1997, disclosure on an enhanced criminal record certificate involves two distinct questions. First, the chief officer…

An appellate court hearing a statutory disciplinary appeal may exercise a judgment going beyond conventional judicial review, while recognising the…

A public authority’s decision to stop funding an organisation does not necessarily engage equality duties. The duties are engaged where the decision…

Section 47 of the National Health Service and Community Care Act 1990 requires a local authority to assess a person who may presently need community care…

For the purpose of the statutory bar based on oppression through delay, a person who has deliberately evaded arrest is generally precluded from relying on the…

The supplied judgment text contains only the opening of the hearing. It records no substantive legal reasoning, determination or operative order.

Forfeiture of cash under section 298(2) of the Proceeds of Crime Act 2002 does not require proof that the original seizure was supported by reasonable grounds…

In a points-based immigration application, the decision-maker must assess whether the evidence establishes compliance with the Immigration Rules. The…

Section 297(1) of the Copyright Design and Patents Act 1988 cannot be applied to convict a person who uses a genuine foreign decoder card, authorised and…

Where an HMRC officer exercises the statutory discretion to admit a late group-relief claim, fairness does not ordinarily require a detailed statement of…

In determining whether a material change of use has occurred, the relevant planning unit must first be identified by applying the Burdle categories. The unit…

Strategic environmental assessment must provide a reasoned and publicly accessible account of the reasonable alternatives considered, including an outline of…

A regulatory safety communication must be interpreted in its proper context, including its intended audience and purpose. Guidance which steers users towards a…

An European arrest warrant may be issued before a formal prosecution or charge has begun, unless the applicable instrument expressly requires that step.…

Judicial review of a county court decision refusing permission to appeal is a wholly exceptional remedy. It is available where the judicial process itself has…

An interim regulatory order may be extended where unforeseen developments prevent the substantive disciplinary hearing from proceeding and a short further…

An interim order suspending a registered nurse may be extended where suspension remains necessary for public protection or is otherwise in the public interest.…

Guidance cannot alter the statutory test for reviewing a police injury pension. Under regulation 37(1) of the Police (Injury Benefits) Regulations 2006, the…

Under section 49(2) of the Prison Act 1952, time spent by a sentenced prisoner unlawfully at large and detained abroad pending extradition does not…

A public authority may create a legitimate expectation through a clear policy, promise or regular practice. It must ordinarily follow that procedure unless…

For an offence of selling food after the date shown in a “use by” date, the prosecution must prove that the food required a “use by” label when it became ready…

A closure order under the Anti-social Behaviour Act 2003 does not require the police or housing authority first to try every less intrusive measure. The court…

When an appeal is lodged out of time, the explanation for the delay, supported by available evidence, is the starting point for deciding whether time should be…

A judicial review claim that has become academic may be withdrawn, but withdrawal does not prevent the court from making an order for costs. Where the claimant…

In environmental impact assessment cases, substantive information about likely significant environmental effects and proposed mitigation must be available for…

Pending judicial determination of a disputed age assessment, responsibility for interim accommodation and support ordinarily remains with the local authority…

A local authority’s decision to set fees paid to residential care providers under arrangements made pursuant to statutory social-care functions is amenable to…

The right to education requires effective access to existing higher education institutions, but permits tuition fees. Access and indirect discrimination must…

The Office of the Independent Adjudicator for Higher Education has a broad discretion as to the nature and extent of its review. It may review an institution’s…

The court may extend an interim conditions of practice order where the extension remains necessary for the protection of the public. The appropriate period…

A public authority’s policy for rationing a scarce resource is not irrational merely because competing criteria produce advantages and disadvantages for…

Evidence of a non-defendant’s bad character is admissible under section 100(1)(b) of the Criminal Justice Act 2003 only where it has substantial probative…

A European arrest warrant must provide sufficient particulars of the circumstances of each offence, including the alleged conduct, time and place, and the…

In extradition proceedings, the passage of time will not ordinarily make extradition unjust or oppressive where the requested person deliberately left the…

For the purposes of extradition following a conviction in absence, a person is deliberately absent where the evidence proves beyond reasonable doubt that he…

A European arrest warrant is not invalid merely because it does not state that an imposed sentence was suspended. The warrant must provide particulars…

In an extradition case involving a conviction and substantial sentence, return will generally be proportionate despite adverse effects on family life. A…

Whether a vehicle is plying for hire is a question of fact. The usual considerations include whether the vehicle is on view, whether the driver expressly or…

Childcare Resettlement Leave may, in principle, be available at any stage of a prisoner’s sentence. Eligibility cannot lawfully be restricted by an inflexible…

On an appeal by way of case stated, the reviewing court cannot consider evidence that was not before the magistrates. Where material evidence was available at…

Aggravated trespass requires more than the initial trespass. The prosecution must prove a distinct and overt act, together with the requisite intention to…

In extradition proceedings, removal may be disproportionate under Article 8 only in a very strong or exceptional case. The adverse effect of imprisonment or…

Section 2(6)(e) of the Extradition Act 2003 requires a European Arrest Warrant to state the sentence or sentences imposed for the relevant offence or offences.…

A criminal appeal should not proceed in the appellant’s absence where an adjournment is supported, at least to some degree, by medical evidence indicating an…

On an extradition appeal, the High Court will not overturn a district judge’s factual findings without a proper basis in law or evidence. Medical evidence…

Passengers using public transport must possess and produce a valid ticket or Oyster card when required during the journey. A later production of evidence that…

A local authority may exercise implied powers only where the proposed act is objectively calculated to facilitate, or is conducive or incidental to, an…

When extending an interim order restricting medical practice, the court applies the same criteria as for the original order. The relevant considerations are…

When reviewing an application to extend an interim conditions of practice order, the court applies the same criteria as the professional disciplinary panel.…

A challenge under Town and Country Planning Act 1990, section 288, concerns legality, not planning merits. Questions of planning judgment and weight belong to…

A prosecution for breach of an enforcement notice may be stayed as an abuse of process only in rare cases involving both an irrefutable ground of challenge and…

The statutory requirement to disclose convictions, cautions and warnings on enhanced criminal record certificates was held compatible with Article 8 ECHR. The…

For the purposes of section 7 of the Children and Young Persons Act 1933, a sale of tobacco to a person under 18 is not confined to a transaction in which that…

Extradition to serve a sentence will be proportionate unless the individual circumstances disclose compelling reasons to take a different view. Family…

In an extradition case engaging Article 8, evidence available at first instance may exceptionally be admitted on appeal where it directly concerns human…

In an extradition appeal, the requested person cannot use the extradition proceedings to challenge whether the foreign sentence was properly activated or…

On judicial review of a decision under paragraph 353 of the Immigration Rules, the court applies Wednesbury principles and does not decide for itself whether…

On an appeal against a sanction imposed by a professional disciplinary tribunal, the High Court exercises a distinctly and firmly secondary judgment. It may…

In an extradition appeal, the court must consider whether a conviction occurred in the accused’s absence and, if so, whether the accused deliberately absented…

Section 20 of the Extradition Act 2003 applies only to a conviction in absentia. It does not apply where a person was present at the original conviction and a…

Under Extradition Act 2003, a European arrest warrant must accurately state the sentence imposed at the time the requested person is to be extradited. Where…

On an appeal from a professional disciplinary tribunal, the High Court must respect the tribunal’s specialist expertise, its assessment of witnesses and its…

The court may grant a procedural extension where the circumstances justify it, including where the respondent is absent or unrepresented. An order may…

A committal order for default on a confiscation order may be made where the court is satisfied that non-payment resulted from wilful refusal or culpable…

For the purposes of section 83 of the Postal Services Act 2000, the expression “a person who is engaged in the business of a postal operator” extends to an…

Immigration Rules are construed according to the natural and ordinary meaning of their words, read in the context of the Rules as a whole and the…

An appeal under a professional regulatory scheme must be filed within the prescribed period where the legislation provides no power to extend time. Filing…

When deciding whether to extend an interim suspension of a registered pharmacist, the court must assess whether continuation is necessary for public…

Immigration detention pending deportation remains lawful where there is some or sufficient prospect of removal, even though removal is not imminent and no…

Under the Immigration Rules, a requirement concerning an overstayer’s current leave cannot govern an application made when the applicant has no current leave.…

In a planning judicial review, the court reviews the legality of the decision-making process, not the planning merits. Whether a matter is material is a…

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

Immigration detention may remain lawful where a detainee’s mental illness engages a strong presumption in favour of release, provided unusually strong…

A statutory appeal against a professional disciplinary decision must be brought in the form required by the applicable procedural rules. A judicial review…

The court granted an extension sought by the applicant. The respondent was given liberty to apply to vary or discharge the order without demonstrating a change…

The right of access to the courts is fundamental but not absolute. A restraining order may validly restrict the commencement and service of proceedings where…

On a review of a police injury pension under regulation 37, the decision-maker must ask whether the pensioner’s degree of disablement has altered since the…

Permission to bring contempt proceedings may be granted where the evidence is ostensibly strong and indicates that the proposed respondents knowingly presented…

For an offence under section 4(1) of the Public Order Act 1986 charged on the basis of an intention to cause the victim to believe that immediate unlawful…

For an offence under section 4 of the Public Order Act 1986, threatening behaviour and the required intention may be inferred from the defendant’s conduct and…

For certification purposes, a claim is clearly unfounded only where it is bound to fail. The assessment concerns the quality of the claim and requires the…

In judicial review of a consent under section 37 of the Electricity Act 1989, the court reviews legality, not planning merits. Where section 90(2) of the Town…

Under section 71(4) of the Rent Act 1977, sums payable under a regulated tenancy may be registered as variable rent where they vary with the cost of…

Evidence sought to be introduced on an extradition appeal is admissible only where it was unavailable at the extradition hearing. Evidence is unavailable if it…

On an extradition appeal, a new human-rights ground cannot ordinarily be raised where the appellant knew the relevant facts and could have advanced the ground…

An extradition appeal cannot ordinarily succeed on grounds or evidence that could have been raised before the magistrates’ court. Bare assertions of…

Extradition will not breach Article 3 merely because an accused fears violence from private individuals. The evidence must show that the requested state cannot…

Where an extradition appeal raises the same legal issue as a pending Supreme Court appeal, the court may dismiss all other grounds and keep that issue open…

For extradition after an in-absentia conviction, a diplomatic assurance is not enough by itself. The requesting state must provide a practical and effective…

A person has a constitutional right of access to the courts to establish legal rights, including the right to engage a lawyer and obtain necessary evidence and…

Under section 116(2) of the Social Security Administration Act 1992, proceedings may be begun within three months after sufficient evidence comes to the…

In an entrapment or abuse-of-process challenge, law-enforcement officers may provide an unexceptional opportunity to commit an offence. The question is whether…

A challenge to an Interim Orders Panel decision under the Medical Act 1983 is made by statutory application under CPR Part 8, rather than by appeal. The…

Where a private party successfully challenges an administrative licensing decision made by a public authority acting honestly, reasonably and in the public…

A challenge under paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 proceeds by judicial review. The court must not reconsider the merits or…

An offence of breaching an anti-social behaviour order under section 1(10) of the Crime and Disorder Act 1998 does not require proof of a specific mental…

An application under section 288 of the Town and Country Planning Act 1990 is concerned with the legality of the planning decision, not a review of its…

For the purposes of a section 42 order, a specialist tribunal is an inferior court where it exercises judicial power by determining disputes between private…

A juror commits contempt where the juror deliberately disobeys a judicial direction and thereby creates a risk of prejudice to the due administration of…

Suitability for release and suitability for transfer to open prison conditions involve different legal tests. Release requires a threshold assessment of…

A public inquiry chairman may admit anonymous evidence where relevant witnesses would otherwise remain silent because of a real fear of career detriment. The…

A court may quash a police caution only in an exceptional case. The usual indicators are a clear breach of the applicable guidance, coupled with a significant…

Article 8 may require a local authority to take positive steps concerning defects in a family home, but no general duty arises whenever a public authority has…

A local authority’s decision to terminate a care-home contract is ordinarily a matter of private law where the claim is fundamentally contractual. The…

For the purposes of Extradition Act 2003, there is no fixed procedural stage at which departure becomes flight from justice. The question is whether the…

A sentencing indication may create a legitimate expectation where it is sufficiently clear and unqualified. The indication is ordinarily binding on the court’s…

For conduct to qualify as an extradition offence under section 64(3) of the Extradition Act 2003, the conduct described in the warrant must necessarily…

Where a solicitor wilfully fails to comply with a statutory information notice issued by the Legal Ombudsman, the court may treat the default as contempt of…

In a Part 2 extradition case, the request must particularise the alleged conduct, the time and place of the offence, and the relevant law. The required detail…

When determining rent for an assured periodic tenancy under Housing Act 1988, a Rent Assessment Committee must apply the statutory criteria but may consider…

For conduct occurring outside the issuing territory, an offence may qualify for extradition under section 64(5) of the Extradition Act 2003 where no part of…

For a conviction European Arrest Warrant, Extradition Act 2003, section 2(6)(b) requires particulars sufficiently indicative of the offences of conviction.…

A claim is clearly unfounded where, after conscientious assessment of the evidence, facts and law, it cannot succeed on any legitimate view. A general risk of…

A public authority’s equality duty requires due regard to specified equality needs, but does not require a particular substantive result. The authority may…

An application to extend time for appealing from a professional disciplinary tribunal should be assessed by reference to the applicable procedural rules and…

A local authority’s budget-setting decision is subject to the public sector equality duty. The duty requires due regard to the relevant statutory needs, but…

An interim suspension order may be extended only where continuation is necessary for public protection or otherwise in the public interest. The court assesses…

An appellate court reviewing disciplinary findings should give brief reasons for each adverse allegation, but an inadequately reasoned subsidiary finding will…

The statutory rules governing secure training centres control the use of physical restraint. Before the relevant amendment, restraint could not lawfully be…

A restriction on journalistic access to a prisoner engages article 10 where it prevents a face-to-face interview and proposed broadcast. A general policy may…

An assured tenant of part of a building does not acquire the freehold of the whole building merely through continued occupation, however long the occupation…

When considering an application to extend an interim suspension order, the court applies the same criteria as the regulatory body applies when making the…

For an accusation European Arrest Warrant, section 2(4)(c) of the Extradition Act 2003 requires sufficient particularity to enable the requested person to…