High Court: Administrative Court judgments, 2013

On an application to continue interim conditions imposed on a doctor, the court must not determine whether the underlying allegations are proved. It must make…

The safeguarding policy required a two-stage assessment. At stage 1, an offence against a child appearing in the policy’s trigger list brought the prisoner…

For transboundary consultation under Article 7 of the EIA Directive and Regulation 24 of the 2009 Regulations, “likely to have significant effects” means more…

A fire and rescue authority may allocate limited resources by applying a London-wide principle of broadly equal entitlement to emergency response times…

National security and absconding risks remain important when accommodation is provided to a person released on immigration bail. They do not permit the…

Applications for search and seizure warrants under the Proceeds of Crime Act 2002 require independent and rigorous judicial scrutiny. The applicant must…

Statutory time limits for group relief claims cannot generally be reopened merely because later commercial events make an earlier tax election disadvantageous.…

A planning authority must take into account all legally relevant considerations, including the materiality of an earlier decision on a similar application. An…

The Legacy Programme created no substantive entitlement to leave and was operational only. Cases were to be decided individually under the law and policy in…

In a prior-notification procedure under Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, the local planning…

A local authority standards finding may lawfully restrict a councillor’s freedom of expression where the impugned material is an unjustified personal and…

Whether Schedule 2 development requires environmental impact assessment is a matter of planning judgment. The decision-maker must consider whether significant…

The statutory duty to have special regard to preserving the setting of a listed building gives that objective high priority and considerable importance and…

Environmental impact assessment screening is an essentially fact-finding exercise involving judgment on the likelihood and significance of environmental…

When a life prisoner transferred to England from a jurisdiction such as Ireland has no fixed minimum term, the High Court must adapt the sentence for…

In cash-forfeiture proceedings, the authority must identify the kind or kinds of unlawful conduct said to have generated the cash. A court should apply the…

A breach of the right of access to a lawyer at a first police interrogation does not automatically bar extradition. The question is whether the breach creates…

Fairness in an administrative decision is context-dependent. It does not generally require disclosure of every detail of the decision-maker’s assessment…

Permission to apply for judicial review of an Upper Tribunal refusal to grant permission to appeal should be granted under CPR 54.7A(7) where there is an…

A detainee who has been permitted to consult a solicitor is entitled to have that solicitor present during interview unless a specified exception applies.…

Where legislation contains an accidental omission, the court may read words into the provision only when it is abundantly sure of the statutory purpose, the…

An out-of-country statutory appeal will ordinarily make judicial review inappropriate. The court should entertain judicial review only where the alternative…

In reviewing a decision on funding EEA medical treatment, the court examines legality rather than substituting its own clinical assessment. Failure to meet…

A planning authority may grant permission contrary to development-plan policies where material considerations, including more recent national policy, indicate…

The absence of geographically distributed approved premises for women did not, on the evidence, constitute direct or indirect sex discrimination. The relevant…

In a planning judicial review, a decision-maker may adopt a twofold approach where compliance with a sequential planning policy is uncertain. It may conclude…

An application for Tier 4 leave to remain must satisfy the applicable requirements of the Immigration Rules. Where the applicant’s current or last leave does…

Interim restrictions on a medical practitioner's registration may be extended where necessary to protect the public, but regulatory proceedings must progress…

A decision to waive the five-year limit for a fitness-to-practise investigation must follow a fair and properly informed inquiry. The decision-maker must…

The successful party is ordinarily entitled to its costs against the unsuccessful party. A party cannot circumvent the merits decision by relying on the other…

Further representations constitute a fresh claim only where, taken with previously considered material, they create a realistic prospect of success before an…

In extradition proceedings, the court should begin from mutual trust in the requesting state and will require clear and cogent evidence of a particular…

In a challenge to delay in determining an immigration application, general maladministration is insufficient. The claimant must show maladministration specific…

A disciplinary appeal court should respect the specialist tribunal’s assessment of sanction, but must intervene where the sanction is clearly inappropriate or…

In judicial review of an out-of-centre retail development, the sequential test and retail-impact assessment are matters of planning judgment. A planning…

In judicial review of an asylum decision, the court reviews legality and the proper exercise of the Secretary of State’s discretion. It does not rehear the…

Planning decision-makers must identify and understand relevant development-plan policies and give proper regard to the plan’s statutory priority. They are not…

On an enforcement-notice appeal, the planning inspector’s power to grant permission under ground (a), or on the deemed application, is confined to the matters…

In determining whether an agricultural dwelling is justified, the functional need test requires consideration of whether a suitably qualified worker must be…

A court cannot use its inherent jurisdiction to fill a legislative gap where Parliament has made specific provision for costs in one situation but omitted…

Immigration detention pending deportation is lawful only while it serves a genuine deportation purpose and remains within a reasonable period. The Secretary of…

The 20% refusal-rate criterion for Highly Trusted Sponsor status under the Tier 4 points-based system was rational and fair. It was permissible to use an…

In civil legal aid work, advice on domestic law is legal work, not expert work, even where a court has described the adviser as an expert. A solicitor may…

In an appeal concerning a police complaints investigation, proportionality governs the evidence that investigators and the IPCC must obtain. There is no duty…

A planning authority need not refer an application back to its committee before issuing permission following an earlier resolution where there has been no…

Permission to apply for judicial review requires an arguable case suitable for investigation at a full hearing. That threshold is lower than the standard…

In a planning challenge, the court determines the meaning of disputed planning policy wording, but leaves evaluative planning judgments to the planning…

A search warrant must identify, so far as practicable, the articles to be sought. It must define the limits of the search by reference to its own terms and…

A power to provide accommodation for a person released on immigration bail does not become a duty to provide a particular address. A rationality challenge must…

In construing a planning permission, the permission, its conditions and express reasons ordinarily provide the complete source of meaning. Development carried…

Removal directions for a person who is not a national of the destination country are lawful under regulation 4(2)(ii) of the Immigration (Removal Directions)…

Country guidance does not have an implied expiry date. A later court must assess whether subsequent evidence undermines its continuing reliability, having…

Section 12 of the Public Order Act 1986 permits preventive conditions to be imposed on a proposed procession even where its route has not been notified and…

An indeterminate licence imposed following an imprisonment for public protection sentence may engage Article 8, but a ten-year minimum period before an…

A derivative right of residence and work under Ruiz Zambrano v Office National de L’Emploi does not confer a general entitlement to mainstream social security…

Under section 17(1) of the Children Act 1989, a local authority’s power to provide services is not limited to occasions when the child is physically within its…

In a challenge to a planning document under the Planning and Compulsory Purchase Act 2004, the court reviews the inspector’s legal approach, not the planning…

A planning authority’s judgment under paragraph 55 of the National Planning Policy Framework concerns whether there is an essential need for a rural worker to…

On a rehearing of an appeal from a licensing decision, the magistrates’ court considers the application afresh on the totality of the evidence and decides…

On an appeal under section 40 of the Medical Act 1983, primary factual findings, especially findings based on witness credibility, are rarely disturbed.…

A search warrant must identify, so far as practicable, the articles to be sought. Its scope must be intelligible from the warrant itself, without reference to…

A prison governor may transfer a prisoner for disciplinary reasons without first completing disciplinary proceedings where the decision is based on proven…

Administrative delay and broken promises do not, without more, turn maladministration into illegality. The Secretary of State may generally apply the policy…

The Secretary of State must make reasonable provision of systems and resources enabling prisoners serving sentences of imprisonment for public protection to…

In a planning challenge, the court must identify the applicable development-plan policies, construe them correctly and determine whether the authority…

A prison policy permitting transgender prisoners to live in their acquired gender must be applied in a practical and individualised way, subject to…

Apparent bias is assessed objectively by asking whether a fair-minded and informed observer would conclude that there was a real possibility of bias. The…

Under Part IV of the Education and Inspections Act 2006, a warning notice may require a maintained school’s governing body to engage and communicate with the…

A prosecutorial decision not to charge may be reviewed only on limited public-law grounds, including unlawfulness, failure to follow settled policy, or…

Where a public authority voluntarily consults, the lawful nature and extent of consultation depend on the circumstances and subject matter. The authority has a…

In extradition proceedings, the statutory time limit for serving a notice of appeal cannot be extended where the requested person is not a British citizen…

An inquest jury should not be asked to make findings about alleged systemic or procedural defects without evidence capable of supporting them. A causal link…

A public decision-maker faced with conflicting expert opinions may exercise an independent clinical judgment, provided the competing views are taken into…

In a public interest immunity claim involving national security, the court must ultimately balance disclosure against non-disclosure. The minister’s assessment…

A substantive legitimate expectation may arise from a public authority’s clear and unqualified assurance. The assurance must be interpreted by asking what it…

Persistent under-delivery of housing under paragraph 47 of the National Planning Policy Framework is a continuing state of affairs, assessed over a reasonable…

Major development in an Area of Outstanding Natural Beauty must not be determined by a simple balance between development benefits and landscape harm. Under…

Where an applicant succeeds on some issues but fails on a distinct application, costs may be allocated by reference to the issues rather than by treating the…

Sustainable development is a broad planning concept. It is not synonymous with autarky or near-zero energy use, and energy credentials do not operate as a…

In determining whether an advertisement causes substantial injury to amenity, the relevant state of affairs is that existing when the discontinuance notice is…

When determining an application for a certificate of lawful existing use under the Town and Country Planning Act 1990, the planning authority must identify the…

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

An appeal against a disciplinary sentence is governed by whether the decision was wrong, not whether the appellate court would have imposed a different…

Section 55 of the Borders, Citizenship and Immigration Act 2009 applies broadly to immigration functions. Where the decision-maker knows, or ought to know…

A public regulatory body may revisit a decision made in ignorance of the true facts where the mistake is fundamental and the decision would have been the…

For the purposes of certification under section 94, the Secretary of State may certify a human-rights or asylum claim where, after reviewing the material, she…

Standing under section 288 of the Town and Country Planning Act 1990 depends on a particular grievance about the decision in the statutory context. A person…

Where a claimant succeeds in judicial review, the ordinary costs order may still be adjusted to reflect unsuccessful issues. A reduction is not appropriate…

In a public procurement exercise, rejection of a tender containing a blank mandatory form is not disproportionate where the form constitutes the substantive…

A person subject to an animal-keeping disqualification breaches it only where the evidence establishes participation in keeping animals or membership of an…

For a referral engaging professional guidance, the doctor must already have assumed professional responsibility for the patient’s care. The mere introduction…

For enforcement purposes, the court must identify the breach of planning control and the development which constituted it. Earlier lawful works are not…

In determining a planning application, the effect of proposed development on neighbouring land, including potential physical damage, is capable of being a…

In judicial review of a local authority’s planning-enforcement decision, the court must not act as an appellate decision-maker or substitute its view on the…

A procedural requirement in a statute does not necessarily invalidate an administrative act whenever there has been non-compliance. The court must construe the…

Where an NHS service reconfiguration has already been approved following consultation, later implementation of that decision does not ordinarily constitute a…

Article 8 may exceptionally justify refusing extradition where the evidence shows that extradition would cause grave and distinctive harm to a dependent child.…

A dispute that is fundamentally contractual remains a private-law dispute even where one party is a public body. The public character of the contracting party…

An application under section 41A(10) of the Medical Act 1983 engages the court’s original jurisdiction. The court must decide for itself whether an interim…

Where a European arrest warrant concerns a single sentence imposed for several offences, the requested person must be discharged in respect of each offence…

Permission for judicial review of a licensing appeal decision requires an arguable public-law error. On an appeal from a licensing authority, the magistrates’…

In judicial review of an Upper Tribunal refusal of permission to appeal, the Cart criteria govern the permission stage only. Once permission for judicial…

The Wimbledon and Putney Commons Conservators’ statutory powers must be interpreted in the context of the Wimbledon and Putney Commons Act 1871 as a whole and…

In deciding whether an applicant is a fit and proper person to hold a taxi licence, a licensing court must assess the underlying conduct and all relevant…

A public authority’s duty under article 3 of the Convention is absolute and includes a duty not knowingly to expose a person to a real risk of torture or…

Where a later planning application concerns the same development in physical dimensions, characteristics and environmental impact as an earlier application, a…

A planning permission granted on an application formally made under section 73 of the Town and Country Planning Act 1990 may, in substance, be treated as…

A person detained under Schedule 7 to the Terrorism Act 2000 has a right to consult a solicitor before questioning. The right includes choosing whether…

The corrective principle does not make every breach of a procedural duty decisive in an asylum case. The claimant must show a causal link between the breach…

Under the Single Payment Scheme, payment entitlements are allocated on a once-and-for-all basis and are decoupled from later production levels. Initial…

Specific disclosure in judicial review is exceptional. The governing question is whether disclosure is necessary to resolve the matter fairly and justly.…

Forfeiture under section 298(2)(b) of the Proceeds of Crime Act 2002 may be ordered where cash is criminal property and the person who hid it intended to…

In a planning challenge, the weight given to material considerations is for the decision-maker, provided the statutory development plan is considered, relevant…

A renewed application for permission to seek judicial review should be refused where the challenged planning decision is shown to have considered relevant…

In a challenge under section 288 of the Town and Country Planning Act 1990, the interpretation of planning policy is a question of law, while its application…

For framework-list offences under section 64(2) of the Extradition Act 2003, the offence is defined by the law of the issuing state. The expression “illicit…

For an offence under section 5 of the Public Order Act 1986, entirely naked walking through a busy town centre may constitute disorderly behaviour where the…

When reviewing an appeal concerning a police-complaint investigation, the Independent Police Complaints Commission must consider all material considerations…

In a procedural fairness challenge, the court must assess whether the claimant had a fair and effective opportunity to present its case. A decision-maker need…

A statutory appeal under the Nursing and Midwifery Order 2001 must be brought within 28 days beginning with service of written notice of the decision. The…

The Dublin II system provides the procedural framework for allocating responsibility between Member States for an asylum claim. Where a Member State is asked…

Once a protective costs order has been made after all parties had an opportunity to address the court, variation requires a compelling reason. That ordinarily…

On discontinuance of a judicial review claim, the specific costs principles governing permission stages prevail over the general discontinuance rule. A…

For early payment of a deferred police pension, “permanently disabled” means permanently unable to perform the ordinary duties of a police officer until the…

HMRC’s statutory duty of taxpayer confidentiality does not prevent limited disclosure where the disclosure has a rational and sufficiently direct connection…

In disciplinary proceedings carrying grave consequences, fairness requires disclosure of an earlier draft witness statement where it might reasonably assist in…

Unreasonable administrative delay may be unlawful where it is excessive, causes particular detriment, and is not justified by an adequate explanation. A public…

Section 187(1) and (1A) of the Town and Country Planning Act 1990 permits multiple charges for separate contraventions of one Stop Notice, including…

Article 14 does not prohibit every difference in treatment. “Other status” generally requires a characteristic personal to the individual, directed to what the…

In an interlocutory application, a party cannot reopen an issue already decided unless there has been a significant change of circumstances or facts have…

Time spent in police detention following arrest under a court order is not time spent remanded in custody by order of the court. It therefore does not count…

A judicial review directed to a refusal of special purpose prison leave may conclude when the decision is reconsidered and the claimant obtains the substantive…

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

Where a conviction is quashed because the defendant was wrongly denied an adjournment to obtain expert evidence, a retrial will generally remain appropriate…

A recovery direction under paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 takes effect when made, rather than only when served on every…

Judicial review of a first registration decision is exceptional. Where an independent Land Registry adjudicator has determined an objection and directed…

When reviewing an interim suspension order imposed by a professional regulator, the court must assess proportionality on the case as it stands at the date of…

Highways Act 1980, section 38(6), permits a consensual adoption agreement to require payment of expenses relating to maintenance after the highway becomes…

A protective costs order in judicial review is governed by the Corner House principles, applied flexibly and proportionately. A claimant’s private interest is…

An independent appeal panel considering a permanent school exclusion must exercise its own judgment, but an agreement between the parties remains a material…

The Human Fertilisation and Embryology Authority cannot make a varied licence condition take effect before completion of the statutory reconsideration process…

Under regulation 24 of the Zebra, Pelican and Puffin Pedestrian Crossing Regulations 1997, a vehicle that is stationary in a queue is not “proceeding in the…

On an application to extend an interim order under section 41A of the Medical Act 1983, the court may refuse the requested extension, grant a shorter…

Interim release from immigration detention requires a serious question to be tried and an assessment of the balance of convenience, including the public…

A traffic regulation order may lawfully restrict or prohibit vehicular use without being subject to a general proportionality requirement. The authority must…

For an offence requiring proof that a police officer was acting in the execution of his duty, the prosecution need not produce the relevant search warrant or…

A planning condition must be construed from the permission as a whole, including its express reason, and by asking what a reasonable reader would understand to…

The legal authority of members appointed to disciplinary tribunals and Visitors’ panels derives from the governing regulations and rules, not from an informal…

Prisoners transferred to the United Kingdom remain subject to the domestic early-release scheme applicable when the transfer occurs. For automatic release, the…

A challenge under Town and Country Planning Act 1992 section 288 is akin to judicial review and concerns errors of law, not the merits of an Inspector’s…

An immigration decision treating a person as an illegal entrant for deception must be supported by evidence capable of satisfying a high standard and must…

The court may reopen a closed judgment where circumstances have changed and conduct a fresh public interest immunity assessment. The issue is not a late appeal…

An interim order of suspension may be extended where the evidence establishes a clear and apparent case that continuation is required in the public interest.…

Under section 50 of the Mental Health Act 1983, the Secretary of State retains the ultimate discretion whether to issue a remission warrant. A Tribunal’s…

A decision to transfer a child between forms of youth detention must be procedurally fair and proportionate under Article 8. A vulnerable child with…

Where an appeal has been closed or dismissed for non-payment of the required fee, the late-appeal rule does not ordinarily provide a route to bring a second…

Judicial review proceedings directed at one decision should generally be withdrawn or dismissed when that decision is withdrawn and replaced by materially…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality rather than planning merits. The presumption in favour…

A guilty plea is ordinarily treated as knowingly and willingly entered. An inconsistency between the plea and material in a police interview does not, without…

A local authority complies with a legitimate expectation of consultation where it follows its published consultation policy, provides relevant material within…

Article 2 does not generally require a separate independent investigation from the outset into the suicide of a patient detained under the Mental Health Act…

Mutual recognition of product certification extends only to the scope of the certification actually granted. A certificate for a solar collector tested with…

The court may vary or discharge an order under Supreme Court Act 1981, section 42, where circumstances have materially changed. An application to continue such…

A magistrates’ court may exercise jurisdiction over an either-way offence only after complying with the statutory procedure for obtaining the accused’s…

A supplementary planning document remains subordinate guidance where the development plan has already identified the relevant area of significant change and…

A planning authority must have regard to every material consideration, but may rationally give a material consideration no weight. This applies to…

For the purposes of the Planning Act 2008, a highway-related project falls within the nationally significant infrastructure regime where the statutory…

Prolonged and culpable delay by prosecuting authorities in enforcing a confiscation order may make continued enforcement oppressive and an abuse of process.…

Article 8 does not generally require a prison authority to create a policy specifically governing contact or sexual relationships between homosexual prisoners.…

Permission for judicial review of a Crown Court’s refusal to state a case requires an arguable public law ground. Where the Crown Court has conducted the…

An Article 2 investigation must be effective, independent and capable of determining the relevant facts while involving affected persons to the extent…

At the permission stage of judicial review, a claim should proceed where a substantial legal issue is arguable, even though the claimant may face serious…

Under the National Planning Policy Framework, a material change of use is development within section 55 of the Town and Country Planning Act 1990. In the Green…

An inspector examining a development plan document must interpret national planning policy correctly and give intelligible reasons for treating the plan as…

A requirement to attend a police station to provide a non-intimate DNA sample under the statutory scheme is lawful only if the necessary inspector-level…

When reviewing a decision of the Parole Board, the court reads the reasons as a whole and asks how a reasonable person with knowledge of the material facts…

The five-year rule is a distinct safeguard against stale complaints. A delayed allegation may proceed only where the circumstances are exceptional and…

Immigration detention must satisfy the four Hardial Singh principles throughout the period of detention. A serious criminal record, a high risk of absconding…

The Parole Board’s task after recall is to assess whether continued detention is required for public protection and whether risk can safely be managed in the…

Notification requirements requiring persons on the Sex Offenders Register to provide bank-account and debit- or credit-card details may interfere with Article…

Defendants in judicial review claims must comply promptly with the timetable for filing an acknowledgement of service and summary grounds. Although a short…

A person who voluntarily leaves the United Kingdom cannot derive a legitimate expectation from selectively read policies that an earlier asylum claim will…

A court retains an independent discretion to hand down a reserved judgment even after the parties have settled and jointly request that it remain unpublished.…

A local planning authority granting permission must give an adequate summary of its reasons. Where members depart from a planning officer’s detailed…

When extending an interim order imposing conditions under section 41A of the Medical Act 1983, the court applies the same test as the Interim Orders Panel. The…

An application to extend an interim suspension order must be determined by applying the same test as the original order. The court must ask whether the…

Exceptional funding for representation at an inquest may be refused where the Article 2 gateway is premature or unsupported by evidence. The gateway depends on…

An IPCC investigation must remain within the statutory function of investigating complaints, recording relevant matters and indicating whether there is a case…

On an application to extend an interim suspension, the Administrative Court is the primary decision-maker. It must apply the statutory criteria afresh and…

A later immigration decision is ordinarily assessed by the law, policy and facts current when it is made. A claim that policy change caused historic injustice…

A person who has been subjected to human trafficking remains capable of being a victim for the purposes of the Convention on Action against Trafficking in…

For an application to extend an interim suspension of a doctor, the court assesses whether continuation is required in the public interest, including the…

Disclosure of an acquittal in an enhanced criminal record certificate engages article 8 where it may affect employment, livelihood and private life. Disclosure…

When assessing whether housing need may constitute very special circumstances justifying inappropriate development in the Green Belt, the decision-maker must…

For confiscation orders enforced as fines, the period of imprisonment in default is imposed when the Magistrates Court issues the commitment warrant, not when…

On an application to extend an interim suspension order, the court applies the same test as the Interim Orders Panel. The focus is on the nature of the…

In a Part 2 extradition case, dual criminality must be determined from the conduct alleged in the extradition request and its supporting documents. A requested…

The Secretary of State has a broad discretion when deciding applications for British citizenship. Public-law fairness does not generally require a refusal…

Schedule 7 to the Terrorism Act 2000 is compatible with Arts 5, 6 and 8 ECHR and EU free-movement rights. Its port and border examination powers are…

Interim relief must be determined by assessing the balance of convenience and selecting the course offering the best prospect of avoiding or minimising…

In determining a planning application, a local planning authority must correctly construe and apply the development plan and relevant national policy. In the…

A Cart claim challenging an Upper Tribunal refusal must be filed within the strict period prescribed by CPR 54.7A. Where a valid setting-aside application is…

Judicial review of a county court decision is exceptional. It is potentially available only where the decision is no longer open to appeal or review, has not…

Where magistrates are alleged to have erred in law, the ordinary and appropriate remedy is an appeal by way of case stated. Judicial review will generally be…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, the Development Plan is the starting point and has statutory priority. A planning…

Discretion to grant leave outside the Immigration Rules is exceptional and highly fact-sensitive. It need not be considered in every case involving failure to…

Where an exclusion direction is certified under the statutory scheme, any existing judicial review proceedings concerning that direction terminate…

A policy governing additional licence conditions is unlawful only where it leads to unlawful action, or presents a very high risk or inevitability of…

A local authority may take available resources into account when setting eligibility criteria and choosing how assessed eligible care needs are met. Once…

Disclosure in judicial review is exceptional. A public authority must make full and fair disclosure, ordinarily including documents significant to the decision…

For the purposes of section 17 of the Children Act 1989, a child is within a local authority’s area when physically present there. Ordinary residence is not…

In a planning challenge, whether a new matter is a material consideration between a committee resolution and issue of the decision notice is an objective…

Under section 41A of the Medical Act 1983, suspension on interim grounds requires necessity for public protection. Suspension on the separate public-interest…

A mandate-refugee resettlement policy must be construed purposively and flexibly, having regard to its objective of finding durable solutions while preserving…

In a disciplinary appeal, a practitioner may be tried only on the allegations and facts particularised in the hearing notice, unless the notice is properly…

On judicial review of a bail decision, the court may intervene only on established public-law grounds, including taking into account an irrelevant factor or…

A magistrates’ court may issue a warrant under section 83(2) of the Magistrates’ Courts Act 1980 when a confiscation-order defaulter fails to attend pursuant…

For the purposes of article 85 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, the purpose and intention of the parties are…

Where legislation permits retention of unlawfully seized material, the court deciding the retention application may permit the foreign prosecutor who…

For ordinary-residence disputes under Part 3 of the National Assistance Act 1948, residence is determined by applying the ordinary and natural meaning of the…

On consequential matters following a judicial review judgment, the court declined to grant declarations which would determine, on the basis of untested…

Article 2 of Protocol 1 does not impose a positive obligation to establish or subsidise higher education. Where the State provides higher education, however…

The statutory powers of a trust special administrator and the Secretary of State under Chapter 5A of the National Health Service Act 2006 are confined to…

In an extradition appeal under the Extradition Act 2003, an alleged error in a European arrest warrant engages abuse of process only where the statutory…

An asylum claim must be assessed by reference to circumstances existing when it is decided. A past unlawful failure by the Secretary of State is relevant only…

Common assault comprises two legally distinct forms: assault by beating and assault by putting another in fear of immediate unlawful violence. They cannot be…

Judicial review is generally inappropriate for challenging a Crown Court decision made in its appellate capacity, particularly where the challenge should…

A decision to make a deportation order is distinct from the making of the order. Once a deportation order made under section 5(1) of the Immigration Act 1971…

On an appeal against a TPIM extension, the court reviews whether the statutory conditions were met by applying judicial-review principles, including…

The Secretary of State must provide indeterminate sentence prisoners, including life prisoners, with systems and resources enabling them to demonstrate reduced…

Permission for judicial review requires an arguable case, meaning grounds that merit full consideration at a substantive hearing. Interim relief requires…

Where a legally eligible party seeks public funding in proceedings, funding may be refused if another person can reasonably be expected to bring or fund the…

Contempt by a juror requires proof to the criminal standard that the conduct created a real risk, rather than a remote possibility, of interference with the…

An English court may stay proceedings for forum non conveniens where the defendant establishes that another competent court is clearly or distinctly more…

In a clinical negligence claim, the claimant must prove the alleged breach and its causal relevance on the balance of probabilities. A single apparently normal…

In regulatory disciplinary proceedings, the court may take the unsuccessful solicitor’s means into account when deciding the form and enforceability of a costs…

Judicial review may be arguable where a public body reviewing an investigation decision appears not to have considered material evidence bearing on the…

Extradition is incompatible with Article 6 only where there is a real risk of a flagrant denial of justice. This is a stringent threshold, requiring more than…

Inclusion in the legacy asylum backlog did not create an expectation of a grant of leave or a repeated review. The programme required cases to be reviewed and…

A person qualifies as a “former relevant child” under the Children Act 1989 by reference to services actually received during minority, not merely services…

Immigration detention must comply with the Hardial Singh principles and with applicable public-law policies. Each decision to detain or continue detention must…

Where a national court has referred the controlling question of EU-law interpretation to the Court of Justice, related claims founded on legitimate…

Article 14 is not engaged merely because a convicted prisoner detained beyond tariff is subject to a different prison regime from unconvicted or civil…

For Green Belt planning purposes, “mineral extraction” is not confined to the production phase. It may include necessary exploration and appraisal where those…

At the screening stage of an environmental impact assessment, the relevant project is ordinarily the development for which consent is sought. A separate…

An infant class size appeal is not confined to prejudice arising in the child’s first academic year. When deciding whether admission would breach the statutory…

The retention of police records concerning an unsubstantiated sexual allegation engages article 8, but is not necessarily disproportionate. The court must…

Regulation A19 of the Police Pensions Regulations 1987 concerns the general efficiency of the police force, not the personal inefficiency of an individual…

A penalty notice discharges liability only for the offence to which it relates. A person who declines the opportunity to pay and elects a court hearing may…

Under section 4 of the Extradition Act 2003, the warrant to be provided after arrest is the arrest warrant issued by the requesting state, rather than…

When considering whether removal should be pursued under the legacy policy, the Secretary of State must conduct a holistic assessment of the relevant factors…

On a statutory appeal from a specialist professional tribunal, the court should respect the tribunal’s expertise, its assessment of witnesses, and its findings…

A seizure under section 139 of the Customs and Excise Management Act 1979 is not unlawful merely because the officer did not know, at the time, whether the…

The power to designate courses for publicly funded student support carries an implied power to suspend payments and withdraw designation. That power is not…

Section 16(1)(a) of the Licensing Act 2003 permits a landlord, and potentially other businesses with a sufficient nexus to the premises, to apply for a…

A decision whether to issue, withhold or retain a British passport is made under the Royal Prerogative but is reviewable on ordinary public law principles. The…

The power to charge for residents’ parking permits under the Road Traffic Regulation Act 1984 must be exercised for the statutory purposes of traffic…

A section 288 challenge is concerned with the legality of a planning decision, not a rehearing of planning merits. The court must read the decision broadly and…

A breach of the duty to endeavour to trace an unaccompanied asylum-seeking child’s family does not, by itself, require removal directions to be reconsidered.…

When a development plan creates a negative presumption, the decision-maker must first determine independently whether the conditions displacing that…

In an appeal from a disciplinary tribunal, the appellate court must identify the nature of the challenged decision and apply the corresponding standard of…

Permission to bring committal proceedings for a false statement requires an arguable case that the statement was false, that its maker lacked an honest belief…

Judicial review of a professional disciplinary finding is concerned with lawfulness, not whether the tribunal reached the preferable conclusion. The court may…

In professional disciplinary appeals, the court may intervene where the sanction imposed by an expert tribunal is clearly inappropriate. Striking off is not…

A refusal to grant indefinite leave to remain may engage articles 3 and 8 where, in the exceptional circumstances of the case, it directly causes or…

In a planning appeal, the decision-maker may assess housing requirement and supply for the application before it. That assessment does not determine the…

A foreign national prisoner detained under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 is detained under a statutory warrant derived from the…

In judicial review of a planning decision, an alleged mistake of fact is an error of law only where there is a mistake about an existing fact or the…

Procedural fairness does not require an oral hearing whenever a prisoner disputes recall from home detention curfew. The decision-maker must assess the…

On an enforcement appeal, an appellant need not repeat a clearly articulated fall-back proposal under a particular statutory ground. The Inspector must…

The classification of mechanically separated meat depends on the proper interpretation of the relevant EU definitions. The expression loss or modification of…

In an extradition appeal, generic evidence of poor prison conditions, lengthy pre-trial detention or defects in the requesting state’s criminal justice system…

At the permission stage of a judicial review, the court need only determine whether the claim has reasonable prospects of success. The court is not required to…

Section 29(3) of the Senior Courts Act 1981 prevents judicial review of a Crown Court judge’s decision made during a trial on indictment to revoke the…

In a Part 2 extradition case, oppression caused by delay is assessed under Extradition Act 2003, section 82. The court must identify the period for which the…

A fishing quota allocation system does not create a permanent entitlement merely because quota has historically been allocated by reference to fixed quota…

For the purposes of Art. 14 read with Art. 5, prisoners liable to removal and prisoners who must remain in the United Kingdom may be in different situations…

A screening opinion under the environmental impact assessment regime is akin to an exercise of planning judgment. It may be quashed on classic Wednesbury…

A fitness-to-practise hearing must ordinarily be held in public. Any derogation from that rule must be shown to be necessary and proportionate, and the burden…

An application to register land as a town or village green must comply with the mandatory requirements of the applicable regulations. A defective application…

In a professional disciplinary investigation, a case to answer requires a realistic or genuine prospect that impairment of fitness to practise will be…

A Parole Board panel must ensure that a proper record is made of each hearing, particularly of the evidence, where proceedings are not audio- or…

An arrest may be effected by words without formal language. The question is whether, in the circumstances, the words and conduct made it clear to the person…

Section 53 of the Freedom of Information Act 2000 permits an accountable minister to override a decision notice or judicial decision only where the statutory…

In judicial review, a decision-maker must consider statutory or regulatory factors, including factors that are implicit in the statutory scheme. A further…

The Administrative Court may extend an existing procedural period where the application justifies an order. Costs may be awarded against the respondent where…

Immigration Rules imposing a minimum income requirement for the admission of non-EEA spouses engage Article 8 where they prevent genuine couples from living…

A public authority deciding whether to dispense with statutory police-complaint procedures must apply the statutory criteria and take account of material…

In planning decision-making, an earlier decision is a material consideration unless it is distinguishable. Where a later decision-maker disagrees with an…

Under section 91 of the Extradition Act 2003, the question is whether extradition would be unjust or oppressive in all the relevant circumstances. A genuine…

In extradition proceedings, a magistrates’ court is not irrational in refusing an adjournment merely because an indeterminate domestic sentence might later be…

Eligibility under the domestic-violence settlement rule must be assessed by construing the rule as a whole and having regard to its protective purpose. The…

In extradition proceedings, an English court should not ordinarily adjourn to await parallel proceedings or a possible compromise in the requesting state. Only…

A certificate of lawful use must address the specific existing activity described in the application. It is not a mechanism for obtaining general advice about…

A sustainability appraisal for a development plan must assess all reasonable alternatives at each appropriate stage before adoption. An authority need not…

Prison categorisation requires an individual assessment of escape or absconding risk and related security risks. An outstanding confiscation order does not…

On an appeal from a professional disciplinary tribunal, procedural fairness is assessed in the circumstances of the individual case. A tribunal relying on…

Legal-aid applications must identify clearly and specifically the decision or action to be challenged. The court construes the application and documents…

A decision-maker considering further submissions under Immigration Rules 353 and 353B must assess the merits impartially and apply the correct…

An informal planning hearing must be conducted fairly for every person statutorily entitled to appear. Where entitled objectors were not notified and the…

An in-country immigration appeal requires a human rights claim to have been made before the immigration decision being challenged. The question is one of…

A Dublin II transfer may be resisted on human-rights grounds only where substantial grounds establish a real risk of treatment reaching the high threshold of…

Striking off may be appropriate for conduct outside a solicitor’s professional practice where it involves a lack of integrity or diminishes public trust in the…

A public authority’s decision to remove a defined group from an established promotion pool is amenable to judicial review where it affects their status under a…

When an official receiver decides whether to revoke a debt relief order, the decision is the exercise of a judicial function for the purposes of paragraph 3 of…

When setting usual fees for publicly funded residential care, a local authority must pay due regard to the actual costs of providing care. This includes return…

A licensing authority may refuse to renew a sexual entertainment venue licence even where the locality has not materially changed and the licence was…

A breach of the duty to endeavour to trace the family of an unaccompanied asylum-seeking minor does not automatically require later immigration decisions to be…

A directly applicable EU regulation forms part of domestic law, but each provision must still be examined to determine whether it creates enforceable rights or…

Fairness requires a person recalled to detention under section 42(3) of the Mental Health Act 1983 to be told orally why the recall has occurred. Giving…

A person is an interested party to a judicial review if the claim directly affects that person. The effect is direct where quashing the decision would deprive…

A magistrates’ court has a wide statutory discretion to award costs in proceedings concerning the exercise of regulatory powers. Where a private litigant…

On an application for a certificate of inadequacy relating to a confiscation order, the applicant bears the burden of proving, on the balance of probabilities…

The Parole Board must follow mandatory directions governing transfer to open conditions. It must assess risk and benefit together, including the likely benefit…

In a planning inquiry, procedural fairness requires an inspector to give parties a reasonable opportunity to address an issue that is materially relied on and…

For an offence under section 172 of the Road Traffic Act 1988, the 28-day period for supplying driver information begins on the legally effective date of…

The court has power to control the form and content of a judgment after it has been delivered orally, but the principle of open justice requires compelling…

An extradition request may be challenged as an abuse of process where the requested sentence is plainly time-barred under foreign law. Such a challenge will…

In extradition cases involving suicide risk, oppression depends on the risk of a successful suicide attempt, assessed in light of the person’s mental condition…

A prosecution will not be stayed for abuse of process merely because prosecuting authorities have acted incompetently or caused anxiety. The court must…

Applications for special-procedure search warrants under Police and Criminal Evidence Act 1984 require rigorous compliance with the statutory safeguards. The…

A defendant who successfully resists a criminal charge is normally entitled to a defendant’s costs order from central funds. The discretion to refuse or…

A public appointing authority may require applicants to disclose personal or professional matters which could reasonably affect suitability for appointment or…

A challenge to search warrants must be brought promptly. An omission in a warrant may make the resulting search unlawful without requiring the warrant itself…

An appellate police tribunal applying the ordinary meaning of “unreasonable” may substitute a lesser disciplinary sanction where the original decision failed…

For staged land-use plans, an appropriate assessment may be undertaken at the lower-tier stage where the higher-tier and lower-tier plans are being progressed…

In public judicial review proceedings, the identity of a foreign official who is the subject of serious allegations should not ordinarily be concealed merely…

A coroner’s decision to refuse an adjournment is reviewable where it is wrong in principle or lacks a reasonable basis. Although successful challenges are…

On a renewed application for permission to seek judicial review, the court may intervene only where the local authority’s homelessness decision was one which…

Police may ask a person to provide identification voluntarily, but they may not make the provision of personal details or submission to filming a condition of…

A conviction European Arrest Warrant must be read as a whole. It is sufficient if it gives the requested person the information needed to understand the basis…

An application under section 288 of the Town and Country Planning Act 1990 is confined to points of law. The court reviews legality, not the planning merits or…

A challenge under section 288 of the Town and Country Planning Act 1990 concerns legality, not a rehearing of planning merits. Development-plan policies must…

Section 117(2) of the Mental Health Act 1983 requires after-care services to be consequential upon, and directly related to, the reason for the patient’s…

In a planning challenge, the court must read an inspector’s decision letter as a whole and in a practical, common-sense manner. An inspector need not recite…

In planning judicial review, a local planning officer may guide the committee on which considerations are material to the particular proposal, provided the…

A consultation is lawful where it gives consultees sufficient information to respond intelligently to the proposal actually under consideration. It need not…

Disclosure of information in an enhanced criminal record certificate requires a genuine assessment of proportionality. The chief officer must consider the…

At the permission stage of a judicial review, an applicant may proceed where the challenge has good prospects of success, even though earlier authorities have…

For criminal recklessness, the prosecution must prove that the defendant was actually aware of a risk and, in the circumstances known to him, unreasonably took…

Section 297(1) of the Copyright, Designs and Patents Act 1988 is concerned with the charge properly applicable to reception of a programme in the circumstances…

A simple police caution is lawful only where the suspect admits the offence, the evidential and public-interest tests for prosecution are satisfied, and the…

Article 15(1) of the Charter does not confer a general right to work on non-EU nationals. Article 11 of the Reception Directive requires Member States to…

Where national-security material relied on in refusing naturalisation is protected by public interest immunity, the common-law duty of fairness does not…

A refusal of leave to enter remains valid until quashed or withdrawn. Where administrative errors deprive a person of an appeal, the position may be remedied…

Delay in considering an immigration case does not ordinarily create a legitimate expectation that the case will be decided under a withdrawn policy. In…

A public authority may rely on an additional ground when reconsidering an earlier refusal, unless special circumstances make reliance unfair or abusive. A…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, personal circumstances may be material considerations and may, in an…

Under section 70A of the Town and Country Planning Act 1990, similarity is assessed by reference to features relevant to whether the power should be used. A…

An adjournment should be refused where the proceedings are ready for determination, the applicant has participated in their preparation, and the asserted…

For non-domestic rating, slight physical use can amount to rateable occupation where the occupier has actual, exclusive and beneficial possession for a…

An Article 2 investigative duty requires a full, fair and fearless investigation that is independent, prompt, accessible to the victim’s family and the public…

The exclusion of complaints concerning academic judgment from the jurisdiction of the Office of the Independent Adjudicator applies only to the extent that the…

A European arrest warrant must satisfy the mandatory requirements of section 2 of the Extradition Act 2003, read purposively and as a whole. Where the sentence…

There is a weighty presumption that proceedings in the Administrative Court will be publicly reported. A claimant seeking anonymity must establish that it is…

The Dublin II Regulation establishes an administrative system for allocating responsibility between Member States. Its direct applicability does not, without…

For an EU citizen facing deportation, the decision-maker must apply the enhanced protections in the Citizens’ Directive and the Immigration (European Economic…

A notice under section 215 of the Town and Country Planning Act 1990 may require works which improve property as part of remedying an adverse condition; the…

Article 8 may be engaged by a decision to close a young offender institution where closure is likely to affect family contact. The relevant question is whether…

The court extended an existing interim order until 23 October 2013. The extension was made for the five-month period requested, with liberty to apply to vary…

A judicial review claim must identify an arguable public law error. A disagreement with a regulator’s factual findings or evaluative conclusions does not…

The public law duty arising from the statutory scheme for imprisonment for public protection is a systemic or target duty. It requires reasonable systems and…

Delay in determining a complaint under the Financial Ombudsman Service procedure must be assessed by reference to the proceedings as a whole and all the…

On an extradition appeal, a new Article 8 ground requiring fresh evidence cannot generally be raised unless the evidence was unavailable at the extradition…

Extradition may constitute an abuse of process where the requesting authority seeks to rely on a conviction warrant following an unfair trial in absentia, and…

A housing authority must investigate a homelessness application inquisitorially where there is reason to believe that the applicant may be homeless, eligible…

Detention pending deportation remains lawful only while removal is genuinely in prospect and detention remains reasonable in all the circumstances. Under the…

Detention pending deportation is lawful only while it remains reasonable in all the circumstances under the Hardial Singh principles. Article 5 of the ECHR…

A breach of immigration detention policy renders detention unlawful where it bears upon, is relevant to, and is capable of affecting the decision to detain.…

For an injury award under the Police (Injury Benefit) Regulations 2006, the relevant question is whether, when the medical question is referred for decision…

An appellate court reviewing a professional disciplinary sanction must respect the specialist tribunal’s assessment of the seriousness of misconduct and the…

A public authority’s published settlement policy does not necessarily govern an exceptional situation outside the policy’s contemplation. HMRC has a broad…

For council-tax purposes, a written tenancy agreement is the starting point in deciding whether a dwelling falls within Class C, but it is not conclusive where…

In an extradition appeal, interference with the requested person’s private and family life must be weighed against the substantial public interest in…

In a document-based points-based immigration application, common-law fairness and Immigration Rule 245AA do not generally require the Secretary of State to…

When deciding whether to continue an interim suspension imposed during professional disciplinary proceedings, the court must balance the gravity of the…

In professional disciplinary proceedings, sanction is directed principally to public protection, public confidence and professional standards, rather than…

For mandatory charitable relief from non-domestic rates, the question whether a hereditament is wholly or mainly used for charitable purposes requires…

In an extradition appeal, the court must assess whether surrender would be disproportionate in all the circumstances. Family hardship alone will not ordinarily…

In an extradition bail application, the seriousness of the alleged offences and the increasing incentive to abscond as the extradition hearing approaches may…

In extradition cases engaging Article 8 rights, the interests of affected children must be treated as a primary consideration. The court must balance those…

Under Part 1 of the Extradition Act 2003, a person convicted in absence may be discharged under section 20 where the statutory conditions are met. An…

For the purposes of Dentists Act 1984, the question whether treatment constitutes the practice of dentistry is whether it is usually performed by dentists.…

A local authority’s assessment of whether a child is “in need” under Children Act 1989, section 17, involves an evaluative judgment for the authority, subject…

In a planning judicial review, the court will not substitute its own planning judgment for that of the decision-maker. Intervention is justified only where the…

The Detained Fast Track procedure does not impose rigid deadlines. Indicative timescales must be maintained as far as reasonably possible, but may be varied…

A court may review a decision based on legal advice about an unincorporated Convention where the decision-maker expressly treated the Convention as relevant…

Paragraph 320(19) of the Immigration Rules confers a wide evaluative power and discretion. The decision-maker need only form a rational view that exclusion is…

A childcare regulator may take preventative action where a short incident reveals that children were left vulnerable and their individual needs were not…

In a planning challenge under Town and Country Planning Act 1990, the decision-maker must identify the express terms of the development plan and assess their…

Under section 14 of the Extradition Act 2003, the relevant question is whether extradition would be unjust or oppressive, not merely unfair or harsh. A person…

An offence is not an extradition offence merely because foreign law treats conduct as criminal. The conduct must also satisfy the applicable requirements of…

The court dismissed the appellant’s case following submissions. The judgment gives no substantive reasons or legal principles beyond the dismissal.

When deciding whether to grant leave to remain, and whether leave should be limited or indefinite, the Secretary of State must comply with the duty under…

A public right of access and recreation created by a statutory scheme regulating common land is distinct from rights of common. Non-registration and consequent…

When deciding whether an environmental impact assessment or Habitats appropriate assessment is required, the decision-maker may take account of proposed…

In a statutory appeal from a professional disciplinary decision, an appellate court should respect the specialist tribunal’s primary findings of fact…

A decision based on an admitted material error of fact must be quashed where the decision-maker cannot show that the outcome would necessarily have been the…

On a licensing appeal, a magistrates’ court has a broad discretion when deciding costs. Although the usual rule is that the unsuccessful party pays, the court…

Children and Young Persons Act 1933, section 31 requires arrangements preventing children and young persons from associating with adult defendants while…

An enforcement notice alleging an unauthorised material change of use may require operational works to be removed only where those works were integral to, or…

A challenge to confirmation of a compulsory purchase order is confined to statutory vires, procedural compliance and legal error. It is not a review of the…

For double jeopardy to bar extradition under section 12, the requested offences must arise from the same or substantially the same facts as the earlier United…

Where an enforcement notice is served outside the period required by section 172(3) of the Town and Country Planning Act 1990, the defect is not confined to an…

Extradition should not be barred by an alleged suicide risk unless the evidence establishes a sufficiently high risk of suicide. The appellant bears…

Article 7 of the Qualification Directive concerns protection relevant to assessing refugee status. It does not impose an additional duty on the United Kingdom…

Immigration detention pending deportation must remain connected to a realistic prospect of removal and must last no longer than is reasonable in all the…

Under Education Act 1996, section 444, “unavoidable cause” is construed strictly. It ordinarily requires an emergency or comparable event that actually…

The best evidence rule does not require production of a specimen document where the original document completed by the defendant is unavailable. Secondary…

A Secretary of State may lawfully operate a policy governing discretionary leave and leave outside the Immigration Rules, provided that it is applied lawfully…

Where an extradition appeal concerns return to serve a sentence, subsequent events may make the proposed extradition abusive. If the requested person has…

Applications filed during court hours must be dealt with through the judge responsible for them during those hours. Solicitors should await that judge’s…

In staged public decision-making, time for judicial review does not invariably run from the final decision. Where an earlier decision is substantive and…

Where development has been allocated through a development-plan process supported by an up-to-date strategic sequential assessment, a further site-specific…

A planning authority deciding an application affecting European Protected Species must have regard to the Habitats Directive, but need not duplicate Natural…

Under the Tier 1 (Post-Study Work) provisions, an applicant had to hold a recognised degree, or one of the expressly specified alternative qualifications. A…

Once permission for judicial review has been granted under the Cart jurisdiction, the court determines the substantive claim by applying the ordinary…

Where a family court has ordered expert evidence because it is necessary to resolve care proceedings, the Legal Aid Agency may question the proposed cost and…

Immigration detention remains lawful only while removal is intended and can reasonably be achieved. The Secretary of State must act with reasonable diligence…

A knowing breach of a worldwide injunction protecting identities may constitute serious contempt, even where the contemnor misunderstands the full legal…

For consultation to be lawful, a public authority must consult while proposals remain formative, provide sufficient information for an intelligent response…

Article 8, interpreted in harmony with the United Nations Convention on the Rights of the Child, requires 17-year-old detainees to be treated as children…

EU law does not invariably require a planning authority immediately to issue an enforcement notice against unauthorised development requiring environmental…

A planning decision letter must be read as a whole and in a straightforward manner. A court should not isolate one sentence when assessing whether the…

In deciding whether development is likely to have significant environmental effects, a planning authority may take proposed mitigation into account. The…

Judicial review of a decision not to prosecute is highly exceptional. The court must not substitute its own assessment for the prosecutor’s informed judgment…

A public authority which voluntarily consults before making a decision must consult fairly, while retaining latitude to consult on a single provisional option…

When deciding whether to extend an interim suspension of a registered nurse, the court must assess the seriousness of the allegations and the risk of harm to…

A claim may be certified as clearly unfounded only where the Secretary of State is reasonably and conscientiously satisfied that it must clearly fail. A…

Environmental impact assessment screening must address the project in its entirety. The decision-maker must identify the physical development, its construction…

A statutory appeal against a professional disciplinary decision is technically a rehearing, but ordinarily operates as a review of the material before the…

Judicial review of a county court decision is available only within narrow limits. The Administrative Court may intervene where the county court has acted…

A prospective defendant may be heard on a vexatious litigant’s application for permission under section 42(3) of the Senior Courts Act 1981 where service is…

Where a public authority gives clear tax rulings on fully disclosed arrangements, and the taxpayer reasonably relies on them, a substantive legitimate…

On an appeal from a GMC Fitness to Practise Panel, the court must decide whether the committee was wrong and should respect its specialist evaluation unless…

A decision to retain a prisoner in Category A requires a high degree of procedural fairness because it directly affects liberty and may delay release. The…

A planning condition may regulate land outside the application site, including an existing use, if it fairly and reasonably relates to the permitted…

Section 18(1) of the Architects Act 1997 gives the Board a broad discretion when deciding whether to re-enter a person erased from the Register. The discretion…

In a challenge under article 8, the court must decide whether disclosure of information was a justified and proportionate interference with private life. It…

A prosecutorial decision cannot ordinarily be reviewed by a magistrates’ court except through an abuse of process application. That remedy is exceptional.…

A blanket immigration rule requiring a person to leave the United Kingdom before applying to switch visa category is unlikely to comply with Article 8 where…

Where a Dublin II removal is challenged on the basis of an individual’s previous treatment in the receiving state, the presumption of compliance with…

In extradition proceedings, abuse of process requires more than showing that the requesting State’s case may fail. The requested person must show that the…

A planning permission must be interpreted consistently with the terms of the earlier decision governing the development. Where an inspector has required a…

A planning authority must approach its statutory environmental duty by considering the decision-making process as a whole. References to significant adverse…

In an extradition appeal, the passage-of-time bar concerns injustice or oppression caused by delay, not general hardship, prison conditions or evidential…

On an application under section 41A(10) of the Medical Act 1983, the court makes its own decision whether interim registration conditions should be varied or…

A supplementary planning document may provide detailed environmental, social or design objectives relevant to development already encouraged by the development…

A development plan policy expressing a preference for affordable housing over market housing does not necessarily impose an absolute requirement for affordable…

On an appeal concerning variation of terrorism prevention and investigation measures, the court must review the necessity and proportionality of each…

In a planning appeal conducted by written representations, an inspector may determine the proposal by reference to development-plan policies not relied on in…

For the purposes of the stale-complaint dispensation regime, the relevant incident is the loss of property, or the latest date on which that loss can…

On judicial review of an extradition decision, the court exercises a supervisory jurisdiction with heightened care because liberty is at stake. It does not…

A public authority responsible for indeterminate sentence prisoners must provide systems and resources giving them a fair and reasonable opportunity to…

In a statutory planning challenge, the decision-maker must take into account all material considerations. A material consideration cannot be disregarded merely…

A magistrates’ court exercising a statutory discretion to award costs after a successful licensing appeal must apply the relevant costs principles and give…

A hackney carriage vehicle may be suspended under section 68 of the Local Government (MP) Act 1976 for breach of a licence condition. The statutory concept of…

The derivative residence rights recognised by article 20 TFEU arise only where refusal of residence or support to a non-EU primary carer would, in practice…

Where a planning decision engages a child’s article 8 rights, the child’s best interests must be identified, treated as a primary consideration, and kept at…

In an appeal from a professional disciplinary decision, the court must respect the specialist tribunal’s assessment of evidence and professional standards…

When an interim care order is in force, a local authority must consult meaningfully with parents, the children’s guardian and other family members closely…

An appeal under Schedule 15 to the Wildlife and Countryside Act 1981 is confined to public law grounds. The High Court reviews legality, including error of…

On a challenge under Town and Country Planning Act 1990, the court must distinguish questions of legal interpretation from planning judgment. The meaning of…

A statutory duty to involve service users does not require consultation in every case. Where consultation is undertaken, it must be real and meaningful, but…

The Immigration Rules are not unlawful merely because they do not themselves provide for every case in which European Convention on Human Rights Article 8…

Suspension under regulation 10(4) of the Police (Conduct) Regulations 2012 requires consideration of redeployment and a conclusion that either investigation…

Public law remedies are discretionary, but the discretion to withhold relief after an unlawful decision has been established is constrained by principle and…

A local authority must take reasonable steps to identify whether a child is in need under Children Act 1989, section 17. That duty includes reassessing the…

A personal undertaking by a current owner not to apply for residential parking permits is not, without more, a planning obligation under section 106 of the…

A policy permitting female prison officers to conduct rub-down searches of male prisoners, subject to religious and cultural exceptions, was not direct…

A Youth Court may retain a residual power under section 3C of the Powers of Criminal Courts (Sentencing) Act 2000 to commit a defendant for sentence after…

A public authority that has adopted a policy protecting persons with serious mental ill-health must take reasonable steps to inform itself where there is a…

The Secretary of State’s power under section 1(3) of the Crime (International Co-operation) Act 2003 to serve an overseas criminal judgment is discretionary…

A disciplinary tribunal is not apparently biased merely because one member previously held a part-time adjudicatory appointment with the regulator. The…

On an extradition appeal relying on fresh evidence, the High Court may admit evidence unavailable at the original hearing where the statutory conditions are…

For the purposes of Children and Young Persons Act 1933, section 39, a child specifically identified in a charge may be a child concerned in the proceedings…

In a planning appeal, an inspector must consider material information available before the decision, including a recent decision addressing the same issue and…

An appeal under section 40 of the Medical Act is a rehearing, but the appellant must show that the Fitness to Practise Panel’s decision was wrong. The court…

Article 10 is engaged where a public authority cancels a commercial advertising contract because it objects to the advertisement’s content. However, there is…

Aggravated trespass requires trespass, a distinct act beyond trespass, and the specified intention to intimidate, obstruct or disrupt lawful activity. Mass…

For mandatory licensing under the Housing Act 2004 and the Licensing Order, the HMO itself must comprise three or more storeys. The height of the wider…

An appellate court reviewing a professional disciplinary decision should respect the specialist tribunal’s fact-finding function and should not retry the…

The distinction between an academic qualification and a professional or vocational qualification remains a matter of judgment under the Immigration Rules. The…

In a planning challenge, the weight given to a material consideration is ordinarily a matter for the planning decision-maker. The court intervenes only where…

For the purposes of section 33(1)(a) of the Environmental Protection Act 1990, “deposit” is capable of including an unintended escape of controlled waste. The…

Transitional provisions preserving the withdrawn seven-year child policy applied only where their express conditions were met. An acknowledgement had to…

Under section 508B of the Education Act 1996, a local authority need not ordinarily provide transport from an eligible child’s front door to school. “Home to…

Immigration detention of a third-country-national family member of an EEA national pending removal falls within EU law and must comply with its safeguards. EU…

A high-level governmental decision to promote a major infrastructure project is not necessarily a plan or programme requiring strategic environmental…

For summary judgment, the court asks whether the defendant has a real prospect of successfully defending the claim. Where the contractual basis of remuneration…

A coroner may return a verdict of suicide only where the deceased’s intention to die and the act causing death are proved beyond reasonable doubt. Suicide must…

Permission to cross-examine on material factual issues in judicial review is a matter for the court’s judicial discretion. It may be appropriate where the case…

A very late amendment to judicial review grounds may be refused where it gives inadequate notice, raises factual issues requiring investigation, and cannot…

A search warrant issued under the Police and Criminal Evidence Act 1984 must identify, so far as practicable, the articles to be sought. The justice of the…

Under Town and Country Planning Act 1990, s 61G(5), a local planning authority has a broad discretion to decide whether the area proposed for neighbourhood…

A consultation is lawful where it occurs at a formative stage, gives sufficient reasons for an intelligent response, allows adequate time, and requires…

In enforcement proceedings under the Drug Trafficking Act 1994, the registered proprietor of property is presumed to hold the beneficial interest, but the…

A local authority may initiate a Children Act 1989 section 47 enquiry only where the statutory threshold is properly considered through the required assessment…

An appeal under section 49 of the Solicitors Act 1974 is not subject to an implied permission requirement or a limited appellate jurisdiction. The High Court…

An appeal against professional erasure may be heard in the appellant’s absence where the appellant has proper notice, understands the hearing date and has…

The mental element of an offence under section 4 of the Animal Welfare Act 2006 is objective as well as subjective: liability may arise where the defendant…

A framework governing the use of force during enforced removals is Convention-compliant where domestic law, training, operational guidance, risk assessment…

A decision by the Crown Prosecution Service not to prosecute is reviewable only where the prosecutor adopted an unlawful policy, failed to follow the…

A public authority exercising immigration discretion must take account of material confusion caused by its own correspondence and must not fetter the…

For the purposes of section 20(3) and (4) of the Extradition Act 2003, a person may deliberately absent himself from a trial without knowing the precise date…

In an extradition appeal, oppression under section 14 of the Extradition Act 2003 and interference with family life under Article 8 require a fact-sensitive…

A local authority has wide discretion to set payments for foster carers, but its policies must comply with statutory guidance issued under section 7 of the…

In determining planning applications affecting listed buildings, the decision-maker must give considerable importance and weight to the desirability of…

When deciding whether information should be disclosed in an enhanced criminal records certificate, a chief officer must assess relevance, credibility…

Where solicitors decide that proceedings will not continue, they must take an appropriate formal step. Depending on the circumstances, this may be a notice of…

On an appeal under section 26 of the Extradition Act 2003, dual criminality must be established to the criminal standard. Where the requested offence is aiding…

In an extradition case involving serious ill health, the relevant question is whether removal itself creates a real likelihood that the requested person’s…

In an extradition appeal, mental health problems do not create a bar to removal where the evidence does not establish that extradition would be unlawful or…

In an extradition case, a European arrest warrant need not expressly state the precise procedural stage reached in the requesting state where the warrant, read…

On an appeal under section 26 of the Extradition Act 2003, the court will not determine whether a foreign sentence should be reduced or whether clemency should…

Costs in judicial review proceedings are not determined solely by identifying which party achieved an overall win. The court may consider the development and…

Lawful consultation requires sufficient information to enable an intelligent and informed response. Disclosure of every submission or item of advice is…

Removal from association in a young offender institution must comply with the statutory segregation regime and its safeguards. A short-term restriction imposed…

In extradition proceedings under Part 1 of the Extradition Act 2003, a European Arrest Warrant must provide the particulars required by section 2(6) only in…

For dual criminality under Part 1 of the Extradition Act 2003, the court must identify the conduct described in the European arrest warrant and ask whether…

The court may permit short service of an application where the circumstances justify departing from the usual notice period. Relevant considerations include…

The obligation to establish separate collection of paper, metal, plastic and glass under Article 11(1) of the Waste Framework Directive is subject to both…

In determining entitlement to a British passport, the court may decide as a matter of fact whether the claimant is a British citizen. The legal burden remains…

On an appeal under Civil Procedure Rules 1998, CPR 52.11, the High Court ordinarily reviews rather than rehearse the professional tribunal’s decision. It…

A policy granting recognised refugees five years’ limited leave is lawful where it reflects the Secretary of State’s broad discretion and the minimum period…

Under regulation 17A of the National Health Service (Pharmaceutical Services) Regulations 2005, an application must be refused where the statutory conditions…

In extradition proceedings following conviction, the statutory presumption of bail is disapplied, leaving no presumption either for or against release. The…

In an extradition case engaging Article 8, the interests of affected children are a primary consideration, but extradition will ordinarily be avoided only in…

In an extradition case engaging Article 8, the court must balance the individual's family and private-life rights against the public interest in giving effect…

In extradition cases engaging Article 8, the court must balance the interests of dependent children against the public interest in extradition. The children’s…

On a challenge to certification under Asylum and Immigration (Treatment of Claimants) Act 2004, a claim is not “clearly unfounded” if it has a realistic…

A sponsor licence may be suspended pending investigation and revoked where the evidence reasonably indicates breaches of sponsorship duties or a significant…

Permission to apply for judicial review should be refused where the grounds have fallen away or do not disclose an arguable error of law. A failure to consider…

Immigration detention pending deportation remains lawful only while it is reasonable in all the circumstances and there is a realistic prospect of removal…

A police decision to administer a simple caution must be based on an accurate understanding of the admitted conduct and a proper assessment of the public…

For the prohibition in section 122(5) of the Immigration and Asylum Act 1999 to apply, a local authority must have reasonable grounds for believing that the…

Under Article 29(6) of the Nursing and Midwifery Order 2001, an interim suspension or interim conditions of practice order does not count towards the two-year…

Amendment of a summary information after the statutory time limit may be permitted where the new offence arises from the same or substantially the same facts…

A judicial review of an inquest is not an appeal on the facts. The Administrative Court will not interfere with factual conclusions reasonably open to the…

An extended civil restraint order may be made where the court is satisfied, in all the circumstances, that a person has persistently issued claims which are…

Costs in judicial review proceedings are at the discretion of the court. Where an adjournment has unnecessarily caused costs to be thrown away, the court may…

For dual criminality under the Extradition Act 2003, the court must assess the conduct alleged in the European arrest warrant and ask whether that conduct…

On an appeal by case stated, the High Court may intervene where the magistrates have made a finding for which there was no evidence, or where their reasoning…

An unless order remains valid and enforceable where its substance is clear, even if it has not been formally sealed. An order requiring a litigant to provide a…

Judicial review is a discretionary remedy, and the court will generally decline to determine issues that have become academic. A rare exception may arise where…

When deciding whether to extend an interim suspension order imposed on a registered health professional, the court applies the same criteria as the relevant…

For extradition, the requested offence need not correspond word-for-word with an offence in England and Wales. The court must assess whether the conduct…

For section 20 of the Extradition Act 2003, a criminal process remains a trial until there is a final determination. A person may therefore be convicted in his…

In the engineering construction industry levy scheme, “site” is construed according to ordinary industry understanding and by an informed, impressionistic…

For double criminality in extradition proceedings, the court asks whether the conduct alleged would, if proved, constitute an offence under the law of the…

On an application to extend an interim order under Medical Act 1983, the court is the primary decision-maker. It must assess the need for continuation afresh…

Under section 123(2) of the Local Government Act 1972, a local authority must obtain the best consideration reasonably obtainable when disposing of land.…

Oppression based on delay under section 14 of the Extradition Act 2003 requires more than hardship, even where the requested person did not cause the delay and…

An extradition request contains sufficient particulars where, read as a whole, it enables the requested person to understand the case to be met on return. The…

An extradition warrant remains valid despite an apparent error in stating the number of offences where its factual particulars identify the substance of the…

In extradition proceedings, a claimed suicide risk does not by itself make extradition oppressive. The court must assess whether the risk is substantial…

Localism did not fundamentally alter the established approach to determining planning applications. The Secretary of State retained responsibility for deciding…

For the purposes of Extradition Act 2003, section 85(5), an entitlement to a retrial need not be automatic in the sense of arising without procedural steps. A…

Protection against extradition for delay requires more than delay alone. The requested person must establish both culpable delay and that return would be…

In extradition cases, reliance on Article 8 to resist return after conviction and sentence requires a very strong case. The fact that extradition will cause…

Where extradition is sought to enforce a sentence imposed by a foreign court, and the person avoided serving it by leaving that country, exceptionally strong…

A search warrant is unlawful where the occupier is not supplied with a complete copy identifying the premises to be searched, and the statutory form and…

Shortcomings by a person’s legal adviser will not generally establish an error of law in the decision under challenge. A person who leaves the requested state…

In an extradition appeal, fugitive status does not make delay irrelevant to the European Convention on Human Rights Article 8 proportionality assessment. A…

In proceedings for a business-rates liability order, once the rating authority establishes that the rate was duly made and demanded and remains unpaid, the…

When extending interim conditions on a regulated professional’s practice, the court applies the same criteria governing the original interim order. Relevant…

In extradition proceedings, an adjournment to obtain psychiatric evidence requires a properly evidenced and timely application. A speculative request, raised…

An immigration detention decision cannot rely on an age assessment unless the assessment satisfies the applicable Merton principles. Except in an obvious case…

For naturalisation, the statutory requirement of good character is distinct from criminal liability and from the refugee exclusion test. The Secretary of State…

On an appeal against a professional disciplinary sanction, the court must decide whether the decision was wrong or unjust because of a serious procedural or…

Under the Extradition Act 2003, a fugitive who cannot establish that return would be unjust cannot rely on section 14. That does not prevent lapse of time from…

In an extradition appeal, family impact under Article 8 does not make removal disproportionate merely because the requested person supports a partner and…

An extradition appeal will fail where the grounds advanced do not identify any legally arguable basis for resisting extradition. Where a request concerns…

Under Children Act 1989 sections 23C(4)(b) and 24B(2), assistance for a former relevant child may include university tuition fees. The statutory phrase…

Judicial review is ordinarily refused where a suitable alternative remedy exists. Where Parliament has provided a statutory appeal route, it will rarely be…

In judicial review of a planning decision, the court must respect the elected planning committee’s evaluative judgment. The committee may depart from officers’…

Statutory guidance requiring a local authority to have due regard to the actual costs of care does not require the authority to calculate those costs by a…

The statutory power to prescribe housing benefit functions permits a scheme under which rent officer assessments remain part of the calculation, while…

On an appeal under the Extradition Act 2003, fresh evidence may be admitted only where it was genuinely unavailable at the extradition hearing and would…

Planning conditions must be read benevolently and in the context of the permission as a whole. The court must avoid technical nitpicking, but cannot imply an…

In an extradition appeal, the court cannot determine whether the requested person committed the alleged offences. It must examine the warrant and decide…

Ofqual may pursue consistent qualification standards by giving substantial weight to statistically predicted outcomes. Reporting tolerances may guide awarding…

In an extradition appeal based on delay, the passage of time may support oppression even where the requested person was not consciously evading justice. The…

In an extradition appeal, delay will not make return oppressive merely because the alleged offences are old. The appellant must show circumstances capable of…

In extradition cases engaging Article 8, delay and severe hardship to a partner or children are relevant to proportionality, but hardship alone will rarely…

An overlap between European arrest warrants does not invalidate a warrant where the issuing authority genuinely intends, when extradition is sought and…

Judicial review is a remedy of last resort. A claimant must challenge the impugned grounds within the prescribed period, calculated from when those grounds…

Article 2 requires a real and immediate risk of death before it is engaged in the context of detention. Article 3 requires treatment to reach a high minimum…

When a prosecutor is absent at the appointed time, a magistrates’ court must make proper enquiries into the reasons for the absence before dismissing the…

An appeal against an extradition order requires a properly arguable statutory or other legal bar to removal. A personal claim arising from an unrelated…

In an extradition appeal involving an Article 8 claim, personal, financial and family difficulties must satisfy a high threshold before they can prevent…

An appeal under section 26 of the Extradition Act 2003 must be dismissed where the appellant identifies no arguable basis for challenging the extradition…

An extradition appeal may be dismissed where the appellant has received advice from experienced legal representatives, no arguable ground of appeal is…

English law does not require a speed-measuring device to be checked for accuracy before its reading can corroborate a police officer’s opinion of excess speed.…

Immigration Rule 320(18) is engaged by a conviction for an offence which, if committed in the United Kingdom, would be punishable by at least 12 months’…

The court may extend an interim suspension order where the extension is justified by the seriousness of the allegations and the interests of public protection…

When a public authority undertakes consultation, it must provide sufficient information to permit intelligent consideration and response, present its proposal…

Where a factual hearing is necessary to resolve disputed issues and the findings are mixed between the parties, the appropriate costs order may be that there…

In extradition proceedings, the interests of dependent children are a primary consideration under Article 8, but they do not automatically outweigh the…

Strict compliance with the statutory requirements for a European arrest warrant does not require an unrealistically narrow reading of the warrant. The warrant…

An application under section 41A(10) of the Medical Act 1983 gives the court an original jurisdiction, although appropriate respect must be paid to an expert…

In extradition proceedings, the seriousness of the alleged offences and the United Kingdom’s international obligations create a very high hurdle for reliance…

An extradition appeal requires an identifiable and arguable ground showing that removal should not proceed. General concerns about conditions in the requested…

In an extradition appeal, proportionality under article 8 of the European Convention on Human Rights may require consideration of the alleged offence, the…

When reviewing an interim suspension order, the court’s jurisdiction is original, but it must accord considerable respect to a reasoned decision of a…

An error of fact in an adjudication will justify judicial review only if it is material to the outcome. Where the complaint would inevitably have been…

Magistrates have a broad discretion to refuse an adjournment where the case has already been substantially delayed and the requested adjournment is unnecessary…

For affray under section 3(1) of the Public Order Act 1986, the question is whether the conduct would cause a hypothetical person of reasonable firmness…

Under Part 8 of the Anti-Social Behaviour Act 2003, the statutory definition of a high hedge governs. The decision-maker must assess the statutory concepts…

Costs should not be ordered against a private prosecutor merely because the prosecution failed, the prosecutor lost on the evidence, or the defendant incurred…

The Immigration Rules may establish bright-line grounds for mandatory refusal where a meaningful residual discretion remains to grant leave outside the Rules.…

A Parole Board must act fairly, but procedural fairness is shaped by the statutory and administrative context. A prisoner must ordinarily receive adverse…

Extra-territorial jurisdiction under Article 1 of the Convention requires authority and control by the respondent State’s agents. Consular advice, support and…

A questioning policy permitting a short, controlled period of loud and stern comments may be lawful. Whether treatment is humane must be assessed in the…

A student’s immigration leave may be curtailed where the educational institution withdraws sponsorship and the student is no longer studying there. The…

A discretionary-leave policy provision concerned a narrowly defined situation. It applied where the Secretary of State had reconsidered an earlier decision on…

Persons whose asylum applications have been finally rejected in the member state responsible under the Dublin II system are failed asylum seekers, not current…

A local authority’s duty under section 17 of the Children Act 1989 does not ordinarily require it to provide particular services to meet assessed needs. A…

A planning permission must be construed by identifying the use which it grants. A restriction on the manner in which that use may be exercised must generally…

An alternative civil remedy does not remove the Administrative Court’s jurisdiction to entertain judicial review. It is, however, a potentially weighty factor…

Oppression under section 14 of the Extradition Act 2003 must be assessed in the round, having regard to all relevant circumstances. Culpable delay may be a…

On an appeal against an extradition order, grounds not raised before the district judge will not ordinarily be permitted where they are unsupported by…

In extradition proceedings, strict case-management directions must be complied with because expedition is of central importance. The Criminal Procedure Rules…

An extradition warrant need not set out every detail of the prosecution case. It is sufficient if, viewed in context, it makes clear the offences alleged and…

Where an extradition case is otherwise ready for return but fresh medical evidence indicates a possible urgent need for specialist examination, the court may…

Where fresh evidence establishes the cause of a death previously recorded as unascertained, the court may quash the original inquest and order a fresh inquest…

The Secretary of State has power under the Immigration Act 1971 to exclude a foreign national outside the United Kingdom where exclusion is conducive to the…

A sponsor licence may be revoked where an educational institution operates without planning consent, provided the decision falls reasonably within the…

Where a substantive appeal has been listed for some time, an adjournment will not ordinarily be granted for a late request based on the appellant’s absence…

A Crown Court decision refusing bail is reviewable only in exceptional circumstances. Judicial review is unavailable unless the decision is irrational or…

Section 25 of the Extradition Act 2003 must be construed, so far as possible, consistently with the Framework Decision. Its express power to discharge a…

A planning condition must clearly and expressly impose any restriction on the use of land or the goods that may be sold. A planning permission is construed…

In extradition proceedings, a knowing fugitive cannot rely on the statutory passage-of-time bar. Delay may nevertheless be relevant under Article 8, but it may…

In extradition proceedings, the English court must not substitute its own sentencing policy for that of the requesting state. The relative minor nature of the…

A person who has deliberately fled the requesting state after becoming aware of serious criminal allegations cannot rely on the passage of time to establish…

A Crown Court decision on whether to order payment of a defendant’s costs from central funds is an integral part of the trial process. It therefore relates to…

A planning authority must decide whether a proposal falls within the environmental impact assessment regime and, where appropriate, undertake screening. The…

In assessing whether confiscation-enforcement proceedings were concluded within a reasonable time under Article 6, the court must consider the case as a whole…

Under section 133 of the Criminal Justice Act 1988, a compensatable miscarriage of justice is not confined to demonstrated innocence. Category 2 is established…

Where an appeal raises a reasonably arguable question whether a planning application may require environmental impact assessment, the inspector must refer that…

A challenge to an unlawful trafficking decision is not academic merely because the claimant no longer requires immediate assistance. The duty to complete…

Administrative detention pending deportation remains lawful only while the Hardial Singh principles are satisfied. The Secretary of State must intend to…

Planning conditions need not impose an express limit on the number of days or hours for which a development may operate if the permission, incorporated…

When deciding whether to extend an interim order restricting a doctor's registration, the court must balance protection of the public and the public interest…

A planning appeal remitted after the original inspector’s decision has been quashed must be determined afresh. The second inspector is not required to treat…

When appropriating council land under Local Government Act 1972, s 122, the council must determine whether the land is no longer required for its existing…

Academic judgment is generally unsuitable for review where intervention would require the court to substitute its assessment for that of academic experts.…

A fitness to practise panel must balance the public interest against the doctor’s health and ability to participate when considering voluntary erasure or a…

In determining the planning unit for a certificate of lawful use, an inspector may treat apparently separate buildings as part of a single holiday-village or…

In fine-enforcement proceedings, the court must have reliable information about all outstanding fines, costs and penalties and must conduct a proportionate…

For the private-use exception to excise duty, goods must be transported personally by the purchaser. Use of an employee or other agent prevents reliance on…

An antisocial behaviour order should not be made where the defendant is genuinely incapable of complying with it. This is distinct from a case where compliance…

When deciding whether to transfer a prisoner to open conditions, the Parole Board must conduct a balanced assessment of risk and benefit. Risk reduction has…

Recording sound in court without permission is contempt, as is publishing a recording made in that way. The court has a discretion to permit recording and may…

For mandatory charitable rate relief, the court must consider both the charitable purpose of the use and the extent of the actual use of the hereditament. The…

In an extradition appeal, the warrant must be read as a whole when determining whether the conduct alleged constitutes an extradition offence. The omission of…

An appeal against extradition cannot be used to challenge the sufficiency or cogency of convictions entered by the requesting state. Any such challenge must be…

Extradition should be refused on Convention grounds only where the evidence establishes a real risk of treatment reaching the high threshold required by…

For an extradition offence, the warrant need only provide a sufficient factual indication of the alleged criminal conduct. An assertion that a person obtained…

An appeal under the statutory driving-licence scheme is a de novo assessment of whether the challenged decision was correct, on the material before the…

An unadopted and outdated planning policy must be taken into account, but the decision-maker may give it little weight or disregard it where other material…

Article 8 includes procedural protection which must be fair, effective and capable of safeguarding substantive Convention rights. Under paragraph 3 of Schedule…

An immigration decision may be lawful even where leave is described both as cancelled following a change of circumstances and as cancelled because the…

Judicial review of a planning decision concerns legality, not the merits or weight given to material considerations. A planning authority may depart from an…

On a prosecutor’s appeal by way of case stated against an acquittal, the Administrative Court will not interfere where the magistrates’ conclusion was…

On an extradition challenge under Article 3, the requested person must show substantial grounds for believing that return would create a real risk of treatment…

A local authority setting usual care-home fees must first determine, at least by a broad estimate or bracket, the actual cost of providing care in its…

In an extradition under the European arrest warrant scheme, the executing court should ordinarily accept a statement by the requesting state’s judicial…

On an appeal from a licensing decision, the appellate court must decide whether the decision was wrong on the evidence before it. The appeal is not a judicial…

A lawful development certificate must identify the lawful use with sufficient clarity, but it need not record every ordinary fluctuation in the use. Where the…

Article 14 may require the state to treat persons in significantly different situations differently, including by allocating additional public resources.…

A magistrates’ court may use Magistrates’ Courts Act 1980, section 142, only within its limited slip-rule function. It may correct a simple mistake or direct a…

A statutory undertaker remains responsible for obtaining a permit for street works for which it is statutorily responsible. It cannot avoid liability for…

Where judicial review proceedings have been determined and the parties have been given a full opportunity to make written representations on costs, a…

Under section 25 of the Extradition Act 2003, a mental condition makes extradition unjust or oppressive only where the evidence establishes a sufficiently…

A refusal-rate requirement in sponsorship guidance was not invalid merely because it had not been laid before Parliament. The guidance regulated sponsorship…

In an extradition appeal based on prison conditions, a person sought by a Council of Europe or European Union member state benefits from a strong presumption…

Extradition should be refused for passage of time only where the statutory test is satisfied: the delay must make extradition unjust or oppressive. Serious…

Fresh evidence on an extradition appeal should ordinarily be admitted only where there is an adequate explanation for its absence before the District Judge and…

Conditions imposed under section 12 of the Public Order Act 1986 attach to the particular public procession identified in the direction. They do not regulate…

Article 5(4) requires a speedy review at or about tariff expiry and periodic reviews thereafter at reasonable intervals. The appropriate interval depends on…

On an appeal by way of case stated, the court may intervene only for an error of law. It cannot reopen findings of fact where the lower court had evidence on…

On an extradition appeal, a ground not raised before the District Judge should not ordinarily be advanced where the appellant was represented by experienced…

An extradition warrant need not state that an original sentence was suspended or identify the date on which it was activated where those details are not…

In a challenge under Town and Country Planning Act 1990, section 38(6) requires more than an unstructured balance of planning considerations. The…

A mistake of fact may constitute an error of law where it gives rise to unfairness. The claimant must establish an existing fact or item of evidence that was…

A criminal court has no jurisdiction to remove indefinite sex-offender notification requirements unless legislation confers that power. The review mechanism…

Where parties have agreed a consent order and the order’s sealing is delayed by an administrative defect, the parties must act promptly to regularise the…

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

The adequacy of a sustainability appraisal, strategic environmental assessment or habitats assessment is reviewed on conventional Wednesbury grounds. The…

In deciding whether development has begun for planning purposes, the decision-maker must assess the development as a whole and reach an objective judgment on…

A local authority’s age assessment is not itself a discharge of its duty under section 20 of the Children Act 1989. Whether a person is a child is an objective…

For extradition to a Category 1 territory, refusal on the ground of suicide risk requires a very high risk. The court may presume that the requesting state…

In reviewing a planning inspector’s costs decision, the court’s role is supervisory. The court must not substitute its own assessment where the decision-maker…

Where one offence contains all the elements of another, together with an aggravating element, conviction of both offences arising from the same facts is unfair…