High Court: Administrative Court judgments, 2014

A statutory power to levy tolls on vessels moored in adjacent waters may be conferred in clear terms, even where the vessel does not navigate the main…

Section 38 of the Police and Criminal Evidence Act 1984 applies to a juvenile detained after being charged with an offence. It does not govern detention…

Local authorities setting the usual cost of care must have due regard to the actual costs of providing care, but the guidance does not prescribe a particular…

On an appeal against a professional disciplinary sanction, under-charging may amount to a serious procedural irregularity where omitted allegations are…

In an extradition appeal, culpable delay is distinct from the mere passage of time. It arises where an authority responsible for executing a European arrest…

Pre-permission disclosure in judicial review remains exceptional. Even where proportionality or Convention rights are in issue, disclosure is ordered only…

A public authority conducting statutory consultation must comply with mandatory consultation requirements and give proper reasons for material departures from…

An appeal under Schedule 5 to the Licensing Act 2003 must be brought by a legal person who has statutory standing, including the premises licence holder.…

A statutory body may have an implied power to delegate functions where the statutory scheme, organisational structure and practical demands make delegation…

A Tier 4 sponsor’s licence is conditional on rigorous compliance with sponsor duties. Those duties include checking prospective students’ ability and intention…

A human-rights claim may be certified as clearly unfounded only where it has no realistic prospect of success. In an Article 8 case, the reviewing court must…

In reviewing a planning permission, the court reads the officers’ report fairly and as a whole, recognising that it is addressed to an informed planning…

Under paragraph 16(2) of Schedule 2 to the Immigration Act 1971, reasonable grounds for suspecting that a person is liable to removal may protect detention…

A blanket policy requiring time-served foreign national offenders to remain in prison pending availability of immigration-removal-centre places is unlawful…

Regulations governing deportation of EEA nationals may lawfully regulate applications to revoke deportation orders and restrict related appeals to an…

A local planning authority’s duty under section 19(3) of the Planning and Compulsory Purchase Act 2004 is to comply with its own statement of community…

In a prosecution for breach of an enforcement notice, the prosecution must prove the statutory elements of the offence. Valid service of the notice is not…

The power to re-detain a person released on immigration bail must be exercised reasonably and justified by sufficient fresh material. The Secretary of State…

An interim suspension order may be extended only for the period justified by the protection of the public and the public interest. The court must scrutinise…

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

An interim suspension order imposed by a professional regulatory body may be extended where the extension is necessary for public protection or is otherwise in…

A neighbourhood development plan may allocate housing land and establish a settlement boundary even where no development plan document contains strategic…

In costs proceedings arising from a judicial review involving a public regulator, the successful party is not automatically entitled to recover all its costs.…

Published criteria governing planning appeal procedures require judgment and common sense. They are not fully prescriptive or automatically determinative.…

In an Article 8 immigration case, failure to satisfy Appendix FM does not end the decision-maker’s task. The decision-maker must consider whether compelling…

A consultation is unlawful where consultees cannot test the reliability of the assumptions said to justify a proposed fee. A public commitment to transparency…

In deciding whether a proposed Schedule 2 development requires environmental impact assessment, the planning authority must ask whether it is likely to have…

Detention pending deportation remains lawful where there is a genuine intention to remove and a realistic prospect of removal within a reasonable period. The…

Detention pending deportation is lawful only while removal remains a realistic prospect and the Secretary of State acts with reasonable diligence and…

Legal aid contribution assessments are made by reference to the information and resources relevant at the prescribed time. Later changes in financial…

Bail may be granted where the risk of absconding is substantially mitigated by established family ties, reliable sureties and appropriately tailored…

For a prisoner serving imprisonment for public protection, release is permissible only where the Parole Board is satisfied that detention is no longer…

In accusation extradition cases, human rights compatibility and statutory proportionality are separate bars. Under section 21A of the Extradition Act 2003…

A fee regime does not breach the EU principle of effectiveness merely because it deters or burdens potential litigants. The question is whether, in practice…

Post-tariff detention must be reviewed at regular intervals and with appropriate expedition. A decision cancelling a pending Parole Board referral must be…

In a challenge to a local plan, the question whether the plan-making authority can ascertain that a plan will not adversely affect a European site is a…

For prosecutions under section 31(1)(b) of the Animal Welfare Act 2006, time runs from the date when evidence which the prosecutor considers sufficient to…

A Divisional Court may have power to apply the civil costs regime in criminal proceedings, but a third-party costs order remains exceptional. A prosecution…

In a conviction European Arrest Warrant case, the warrant is governed by the information requirements for a convicted person, not those applicable to an…

Under section 36(8) of the Extradition Act 2003, the question is whether the delay in extradition had a reasonable cause in all the circumstances.…

In an extradition case based on a European Arrest Warrant, interference with Article 8 rights must be assessed proportionately in all the circumstances. The…

When deciding whether to extend an interim regulatory order, the court must be satisfied that continuation remains necessary for public protection, the public…

In an application for bail pending extradition proceedings following conviction, the court must assess whether there is a substantial risk that the applicant…

A Rule 35 report may amount to independent evidence of torture where the medical practitioner expresses professional concern, even without identifying scars or…

Declaratory relief may be granted in public law proceedings where a genuine legal issue arises on a proper factual basis and there is a cogent public or…

Delay or maladministration in resolving a Legacy case does not itself create an entitlement to a particular form of leave. A claim based on historic injustice…

In extradition proceedings, the requested person must show a real risk of a flagrant denial of justice before Article 6 prevents extradition. Speculation about…

A planning permission for the retention of existing development does not authorise later construction unless the development was existing when permission was…

In planning decisions, the weight given to a material consideration is for the decision-maker, provided the consideration is properly identified and taken into…

Judicial review is discretionary. Where Parliament has created a specialist statutory regime with an adequate alternative remedy, that remedy should ordinarily…

Police schemes for retaining and disclosing offender information may satisfy the requirement that interference with Article 8 rights be in accordance with the…

A public law and European Convention on Human Rights duty to progress an indeterminate prisoner towards rehabilitation and release requires a lawful mechanism…

A local authority designating an area for additional or selective licensing must take reasonable steps to consult all persons likely to be affected. That class…

Judicial review of a sponsor-licence revocation is supervisory. The court does not remake the Secretary of State’s decision, provided the decision falls within…

The retention and disclosure of a police caution engage article 8, but are lawful where they pursue the protection of potential employers and others, are…

Extradition will be incompatible with Article 8 only where the interference with private and family life is sufficiently severe to outweigh the strong public…

In an extradition appeal, interference with private and family life must be assessed under Article 8 by reference to the evidence and circumstances relied…

In civil proceedings under the Dogs Act 1871, costs are governed by the statutory discretion to make an order that is just and reasonable. Where a public…

On an extradition appeal, an adjournment for proposed expert evidence should be refused where the evidence is speculative, irrelevant, unavailable through…

Where leave to remain is varied under section 4(1) of the Immigration Act 1971, the Secretary of State must ensure that written notice is given to the person…

Extradition may be disproportionate under Article 8 of the European Convention where the requested person has terminal illness, faces a substantial risk of…

The public sector equality duty requires the decision-maker personally to have a rigorous, conscientious and informed regard to the statutory equality…

Costs should ordinarily be determined after substantive disposal, even where an appeal may alter the result. An issues-based costs order requires a discrete…

A neighbourhood development plan may allocate precise sites for development, provided that it remains consistent with the strategic policies of the wider…

Certification of an asylum or human rights claim as clearly unfounded requires consideration of the claimant’s individual circumstances and the realistic…

Where an application was made before revised Immigration Rules took effect, the application must be considered under the rules then in force. Reference to the…

Section 87 of the Housing Act 1985 lawfully required an unmarried or unregistered partner seeking succession to certain secure tenancies to show 12 months’…

In a naturalisation application involving alleged indirect participation in crimes against humanity, the Secretary of State must assess whether the available…

Where a sponsor’s licence is revoked during an in-time application to vary leave, fairness may require the Secretary of State to allow the applicant a…

Where an immigration decision has been withdrawn and replaced by a fresh decision, the original judicial review becomes substantively spent. A challenge to the…

An application under section 288 of the Town and Country Planning Act 1990 is determined on traditional judicial review grounds. The weight given to material…

A challenge to an inspector’s listed-building decision under the Planning (Listed Buildings and Conservation Areas) Act 1990 succeeds only on the statutory…

In determining a planning application, the planning authority may take account of environmental effects while assuming that an effective specialist regulatory…

On an appeal from a professional disciplinary panel, the appellant must show that the panel was wrong. The appellate court should respect the panel’s advantage…

An enforcement appeal must address the legal and factual issues that determine whether there has been a breach of planning control. Where external building…

A Secretary of State determining a recovered planning appeal is the primary decision-maker. He may substitute his own planning judgment for that of an…

For presumed dedication under Highways Act 1980, section 31, the expression “as of right” is governed by the tripartite test: use must be without force…

A prison policy is unlawful insofar as its practical effect defeats the policy’s expressed purpose. Restrictions on prisoners’ books must be justified by…

A Crown Court judge hearing an application under section 59 of the Criminal Justice and Police Act 2001 cannot invalidate a search warrant issued by another…

A statutory duty to consult depends on the statutory context, purpose and relevant guidance. Duties to consult a community health council and the wider public…

In judicial review proceedings concerning removal to Italy under Dublin II, a claim may be dismissed where the claimant has failed to comply with…

In extradition proceedings, interference with family life under article 8 may justify refusing extradition only where there is an exceptional or compelling…

In extradition proceedings, dual criminality is assessed by applying the conduct test. The court asks whether the conduct described in the European Arrest…

A legitimate expectation requires a public authority to have made a clear and unequivocal promise or adopted a sufficiently definite practice. Conditional…

A judicial review challenging a refusal to state a case is not a means of appealing factual findings or reassessing the evidence. The case stated procedure is…

In council tax enforcement proceedings, a magistrates’ court may determine only matters within the jurisdiction conferred by statute. A person’s liability to…

The Health Service Commissioner has a very broad investigatory discretion. Judicial review is available only on conventional Wednesbury grounds, including…

Judicial review of an ombudsman’s decision is governed by ordinary judicial review principles. The Financial Ombudsman Service may determine an eligible…

Extradition may be disproportionate under Article 8 only in rare cases where its effect on the requested person is sufficiently severe to outweigh the strong…

In an extradition appeal, a claim that an electronically monitored curfew has substantially discharged a foreign sentence must be supported by evidence of the…

Credit against a foreign sentence for time spent under an electronically monitored curfew depends on the applicable foreign law and practice. A six-hour curfew…

For the purposes of section 2(4)(b) of the Extradition Act 2003, a European arrest warrant may itself constitute the domestic arrest warrant on which it is…

In deciding whether extradition is proportionate, the court may consider the requested person’s age, the seriousness of the offences, delay, conduct since the…

An application requiring magistrates to state a case is made in time if lodged within 21 days of the court sentencing or otherwise dealing with the offender.…

Procedural requirements in a statutory licensing scheme are not automatically jurisdictional conditions merely because the scheme is described as a complete…

For extradition following a conviction in absentia, deliberate absence requires an initiated trial process from which the requested person deliberately…

In bail applications connected with a conviction European Arrest Warrant, the prospect of an Article 8 or prison-conditions argument does not by itself justify…

Alternative sites may be relevant to a planning application, but they are not necessarily relevant in every case. A failure to consider an alternative site is…

Section 133 of the Criminal Justice Act 1988 provides a limited entitlement to compensation following an out-of-time quashing of a conviction. A legal error…

Section 17 of the Children Act 1989 gives a local authority broad discretion over the form and amount of support provided to children in need. Judicial review…

A screening opinion for a Schedule 2 development must give clear and precise reasons addressing whether the proposal is likely to have significant…

A local authority may fulfil its duty to accommodate a child either by providing accommodation under section 23(2) of the Children Act 1989 or by arranging a…

In assessing whether an applicant for naturalisation is of good character, the Secretary of State must consider all relevant circumstances. Deliberate…

The Reservoirs Act 1975 is directed to preventing the escape of water from large raised reservoirs, rather than mitigating its consequences through warnings or…

Decisions whether to adjourn criminal proceedings remain matters for the trial court’s discretion. The court must assess the circumstances as a whole…

Specific and reliable assurances given by a requesting state may eliminate a real risk of treatment contrary to Article 3 ECHR. The court must assess the…

Under Article 31.9 of the Nursing & Midwifery Order 2001, an interim suspension of a registrant may be extended where it remains necessary to protect the…

Under a council tax reduction scheme, entitlement to disability or severe disability premium disapplies a standard percentage reduction. Enhanced disability…

Interim relief will not be granted where the alleged uncertainty in criminal implementing legislation concerns only borderline applications and the provision…

A planning decision-maker must consider all material considerations, but the weight given to them is ordinarily a matter of planning judgment. An earlier…

A section 10 removal decision under the Immigration and Asylum Act 1999 invalidates existing leave, including leave continued by section 3C of the Immigration…

The expression “abuse or neglect of a child” in regulation 5(2)(a) of the Local Safeguarding Children Boards Regulations 2006 does not ordinarily include a…

In an extradition case engaging article 8, the court must assess whether extradition is a proportionate response to the legitimate aim of honouring extradition…

When deciding whether to extend an interim order under article 31(8) of the Nursing and Midwifery Order 2001, the court must consider the gravity of the…

When deciding whether to extend an interim regulatory order, the decision-maker should consider the gravity of the allegations, the seriousness of the risk of…

An appeal against a professional disciplinary sanction is by way of rehearing and is not confined to points of law. The court should nevertheless be slow to…

In judicial review proceedings, disclosure is governed by whether it is necessary to resolve the issues fairly and justly on the particular facts. Disclosure…

Where an application for leave to remain falls outside the Immigration Rules, the Secretary of State must consider whether to grant leave outside the Rules by…

In a statutory planning challenge, an appeal inspector must have regard to a recently adopted development plan and the material reasoning underlying its…

Judicial review of an independent prosecutor’s decision is available only in highly exceptional circumstances. In cases involving children, the court may…

A public authority is generally entitled to apply the policy in force when the decision is made. A policy normally takes effect on its stated commencement date…

A coroner must first define the scope of the inquest before deciding whether circumstances trigger the duty to empanel a jury. Under section 8(3)(d) of the…

A Parole Board assessing transfer to open conditions must assess the prisoner’s current risk on the basis that the conviction is safe, despite any denial.…

In extradition proceedings engaging family life under Article 8, delay is highly fact-sensitive. Extradition should be avoided on the interests of dependent…

Where extradition engages Article 8, the court must determine whether it is compatible with Convention rights and proportionate. Under section 21A of the…

Under section 21A of the Extradition Act 2003, extradition may be ordered only where it is compatible with the requested person's Convention rights and…

In an extradition appeal based on delay and Article 8 rights, the court must balance the requested person’s private and family life against the strong public…

In an extradition appeal based on Article 8, the court must balance the interference with the requested person’s private and family life against the public…

In judicial review of a planning decision, the court reviews legality rather than the merits of planning judgment. Where the planning committee has received…

The imposition of Safeguarding Children Measures restricting a prisoner’s contact with children must be proportionate to the risk of harm being prevented. An…

Extradition to a fellow signatory of the European Convention on Human Rights, and a member of the Council of Europe and the European Union, attracts a…

In an extradition appeal, the time remaining on a custodial sentence may be relevant to the proportionality of return under Article 8, where the person has a…

An appeal challenging extradition on Article 8 family-life grounds requires identifiable substantive grounds and an argument explaining why implementation…

A public authority relying on immigration detention must identify and prove the statutory power actually used throughout the relevant period. The justification…

Section 12 of the Extradition Act 2003 incorporates both limbs of the rule against double jeopardy. Extradition is barred where the requested person could…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, the development plan is the starting point and receives priority, although material…

A planning permission and its conditions must generally be read as a whole, using the meaning that a reasonable reader would give them. Ordinary words such as…

Where published immigration-detention guidance states that a person suffering from serious mental illness should be detained only in very exceptional…

A planning decision-maker may disagree with an inspector’s findings of fact only where there is a sound evidential basis. Ignoring material factual findings…

For Article 3 purposes, the severity of treatment cannot be assessed solely by its effect on the individual. The court must consider the nature and legitimacy…

In reviewing a decision of the Criminal Cases Review Commission, the court may and generally must consider the entire history and record relevant to the…

In extradition proceedings, Article 8 requires a balance between interference with private and family life and the public interest in extradition. There is no…

In an extradition appeal involving Article 8, proportionality requires the court to balance the interference with the private and family lives of the…

In extradition proceedings, Article 8 requires a fact-sensitive balance between the interference with family life and the public interest in extradition…

When deciding whether to extend an interim suspension order in a professional regulatory case, the court should not determine the merits. It must assess the…

When deciding whether to extend an interim regulatory suspension order, the court must assess the gravity of the allegations, the seriousness of the risk of…

For extradition purposes, the court examines the conduct alleged against the requested person, rather than the constituent elements of each offence charged in…

An interim suspension order may be extended where the allegations are sufficiently grave, there is a serious risk of harm to patients, the delay in concluding…

When deciding whether to extend an interim suspension order affecting a healthcare professional, the court should assess the gravity of the allegations, the…

A statutory appeal from a valuation tribunal is confined to points of law and is not a rehearing on the merits. The court may intervene where the tribunal…

Where two planning permissions exist for the same land, a developer may generally choose which permission to implement. That choice remains possible where the…

Part II of the Landlord and Tenant Act 1987 permits a tribunal to appoint a manager for functions connected with premises containing two or more flats. The…

For environmental impact assessment, the starting point is the development for which permission is sought. The planning authority must then consider whether…

In extradition cases, delay may be relevant to proportionality under Article 8, but personal and family circumstances do not automatically make extradition…

In extradition proceedings, substantial weight must be given to international obligations under the European arrest warrant system, particularly where the…

In an extradition appeal based on delay, family hardship and the age of the offences, proportionality under Article 8 must be assessed on the individual facts.…

On an extradition appeal, delay is a relevant factor in assessing proportionality under Article 8, but it does not automatically make extradition…

Where police-held material is requested by a professional regulator, relevance alone does not determine whether disclosure is lawful. The police, as primary…

For certification under section 94 of the Nationality, Immigration and Asylum Act 2002, a claim is clearly unfounded where, on any legitimate view of the…

Uncertainty about the date on which a lawfully imposed custodial sentence must resume does not necessarily make detention arbitrary under article 5. A very…

Extradition may be refused where returning a person to serve a sentence would be wholly disproportionate under article 8. Relevant considerations include the…

In an extradition appeal, the appellant’s private life must be sufficiently substantial to outweigh the public interest in extradition. A person who has…

On a mixed extradition warrant, fugitive status and the effect of delay must be assessed separately for each conviction and accusation offence. A person…

Where a professional regulator seeks to extend an interim order restricting registration, the court may extend the order where, applying the principles…

An interim suspension order may be extended where, applying the governing principles, continuation remains appropriate. The court should select a proportionate…

A decision granting limited discretionary leave rather than indefinite leave may be unlawful if the Secretary of State fails to comply with the duty under…

The European Union Act 2011 creates a specific statutory code identifying decisions that require parliamentary approval and a referendum. A proposed…

A planning officer’s report is read fairly as a whole. It need not enumerate every statutory test or affected listed building where committee members are…

An applicant for a British passport bears the burden of establishing both identity and entitlement to British nationality. Where the application documents and…

A doctor offering expert evidence must possess relevant expertise and confine opinions to matters within that expertise and professional competence. Expertise…

For a conviction European Arrest Warrant, the particulars must enable the requested person to understand the conviction and sentence and to consider possible…

Extradition will not breach Article 8 merely because it causes hardship to the requested person’s family. The circumstances must disclose a disproportionate…

In an extradition appeal, the court may proceed on the assumption that a foreign suspended sentence was properly activated for non-compliance, even where the…

An extradition appeal will be dismissed where the appellant cannot advance an arguable ground of challenge and the circumstances disclose no sufficient basis…

Paragraph 21 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 contains a comprehensive definition of abuse of a public…

Where an administrative body publishes a policy governing the exercise of its powers, it must follow that policy unless there are very sound reasons for…

Section 132(2) of the Legal Services Act 2007 is a consumer-protection provision ensuring continuity of complaints when an authorised legal practice ceases and…

In an extradition appeal relying on Article 8, the burden of showing that return would be disproportionate is high. The court may consider the available…

In extradition proceedings engaging Article 8 rights, the effect on children must be weighed carefully. However, the obligation to comply with European Arrest…

Extradition will not be oppressive merely because the requested person presents a substantial risk of suicide. The risk must be so overwhelming, and incapable…

Extradition will not be disproportionate merely because return causes hardship to the requested person, a fiancée or dependent family members. Personal…

An extradition appeal based on Article 8 must disclose properly arguable grounds showing that extradition would be disproportionate. Where competent publicly…

Where a public authority withdraws an immigration decision and agrees to reconsider it, costs do not follow automatically. The court must assess the relief…

Comparative advertising of food products is not unlawful merely because the products differ in provenance, ethical credentials or certification. The question…

Confidential viability information may be withheld in a planning application where confidentiality is justified, provided that the officer’s report is not…

The Secretary of State may adopt a staged route to settlement and is not generally required to grant indefinite leave to remain on a first application…

In construing legislation implementing an EU electricity directive, the regulator must identify every system and every undertaking whose responsibility is…

The statutory purpose of a power must be identified from the enactment read in its historical and legislative context. Pre-legislative materials may assist…

Section 27 of the Children Act 1989 applies only where one authority requests help from another authority listed in the provision. It does not apply to a…

Only the Court of Justice of the European Union may declare an EU measure invalid. Where a judicial review claim challenging such a measure is arguable, the…

A public authority subject to a statutory duty to disclose information relevant to democratic decision-making must publish it in sufficient time for the public…

An architect remains subject to disciplinary jurisdiction while his name remains on the statutory register. A registered architect must comply with the core…

A statutory duty to have regard to specified planning purposes requires those purposes to be specifically considered. It does not create a presumption in their…

A final judicial-review determination may be reopened only in exceptional circumstances where reopening is necessary to avoid injustice and there is no…

Continued immigration detention remains lawful where the detainee’s medical condition can presently be managed in detention, the Secretary of State has…

Judicial review is ordinarily unavailable where Parliament has created a comprehensive statutory appeal scheme capable of determining the dispute. This applies…

A Parole Board may determine risk and insight by evaluating the evidence as a whole, including a prisoner’s oral evidence and conduct, without applying the…

Judicial review is not the proper means of challenging the substance of a county court order where an adequate appeal route exists. However, the Administrative…

A planning policy must be construed by reference to its operative wording. Supporting text may assist interpretation but cannot add an independent policy…

In extradition proceedings, dual criminality is assessed by examining the conduct described in the European Arrest Warrant, rather than seeking an equivalent…

In extradition proceedings, an Article 8 objection requires a fact-sensitive proportionality assessment. The disruption caused by extradition and the length of…

In extradition proceedings, the passage of time, an appellant’s rehabilitation and the effect of extradition on dependent family members may be relevant to…

Where financial restrictions seriously impair an institution’s ability to function, Article 6.1 of the European Convention on Human Rights requires disclosure…

Indirect discrimination under Article 14 may be justified where a social and economic policy has an objective and reasonable foundation. The stringent…

Statutory teacher induction must be completed after Qualified Teacher Status and in the prescribed order. A local authority has no general power to waive or…

Immigration Rules requiring specified financial evidence must be applied according to their natural and ordinary meaning. A bank statement showing an…

For an extradition warrant to qualify under section 2 of the Extradition Act 2003, it must contain the particulars that establish its jurisdictional…

Planning permission for development affecting an Area of Outstanding Natural Beauty requires careful application of the development plan as a whole. A…

Under Article 31.9 of the Nursing and Midwifery Order 2001, an interim suspension of a nurse’s registration may be extended where it remains necessary for…

Changes to immigration rules ordinarily apply to pending applications from the date specified in the change, unless the change provides otherwise. Whether a…

In an extradition appeal involving Article 8, the court must balance the requested person’s family and private life against the United Kingdom’s treaty…

In an extradition appeal based on Article 8, family and private life rights must be balanced against the United Kingdom’s duty to comply with its treaty…

The legacy programme created no substantive entitlement to leave. A review undertaken to determine eligibility for asylum support was not, without more, an…

The Secretary of State’s duty to provide indeterminate-sentence prisoners with a reasonable opportunity to demonstrate that they are no longer dangerous is a…

A case stated need not reproduce every evidential detail or procedural matter. The Administrative Court will require amendment only where the omission creates…

When deciding whether to extend an interim suspension order under article 31(8) of the Nursing and Midwifery Order 2001, the court should consider the gravity…

When deciding whether to extend an interim suspension of professional registration, the court must balance the seriousness of the allegations and the…

An appellate court reviewing a professional disciplinary decision must respect the specialist tribunal’s advantage in seeing and hearing witnesses, including…

A decision-maker who gives reasons must give legally adequate and internally coherent reasons. Where the reasons leave genuine doubt whether a lawful…

On a statutory appeal against a professional disciplinary sanction, the High Court must correct material errors of fact or law, while according appropriate…

The Secretary of State may reject a Parole Board recommendation to transfer a prisoner to open conditions, provided the decision is reached fairly, rationally…

A domestic court may restrict disclosure of material heard in camera where disclosure would undermine national security or another compelling public interest.…

In a planning judicial review, a committee must be properly directed on all material considerations and must give proper regard to the advice of a statutory…

A prohibition notice under section 22 of the Health and Safety at Work etc. Act 1974 must be assessed by reference to the statutory basis stated in the notice.…

The Administrative Court may extend an interim suspension order where the extension remains necessary and proportionate to protect the public and is supported…

Judicial review of a county court judge’s refusal of permission to appeal is subject to the established and exceptional limits governing review of county court…

The High Court has no general jurisdiction to extend the statutory seven-day period for appealing an extradition order under section 26(4) of the Extradition…

Where search warrants were obtained and executed unlawfully, the prima facie position is that all seized material must be returned. The authority seeking…

Under section 19B of the Extradition Act 2003, the court must first decide whether a substantial measure of the defendant’s relevant activity was performed in…

Article 8 in extradition cases requires a fact-sensitive proportionality assessment. There is no separate test of exceptionality. The public interest in…

Under section 14, the question is whether extradition would be unjust or oppressive, particularly because a fair trial may no longer be possible. The provision…

Where an age-assessment challenge is not pursued and a subsequent review maintains the assessed age, the court may dismiss the claim against the local…

For the purposes of Mental Health Act 1983, s 117, residence is ordinarily determined by identifying where the person was actually living, eating and sleeping…

A claim concerning the processing of personal data should not be struck out or summarily determined where the lawfulness of the processing depends on…

An accusation European Arrest Warrant must be construed as a whole and in its civil-law context. A reference to an investigation arrest warrant does not…

A local authority may use subsistence figures fixed under another statutory scheme as a benchmark when deciding the financial assistance required under section…

In a challenge under Town and Country Planning Act 1990, the court reviews the lawfulness of the planning decision, not its planning merits. An inspector need…

In an extradition case engaging article 8, the requested person must establish a particularly strong case before the balancing exercise will outweigh the…

Extradition cases involving delay by foreign authorities must be decided on their own facts. Delay and missed opportunities do not, without more, make…

A challenge to an enforcement notice on residual public-law grounds must be brought by judicial review, promptly and within the applicable time limit. An…

The statutory duty to co-operate applies during preparation of a local plan, ending when the plan is submitted for examination. A suspension of the examination…

On an appeal from a disciplinary tribunal, the High Court must respect the tribunal’s expertise but may intervene where there has been an error of law or the…

When the Parole Board recommends a prisoner’s transfer to open conditions, the Secretary of State remains the statutory decision-maker. He must take the…

Permission to intervene in judicial review proceedings is discretionary. The court must assess whether the proposed intervention will assist the administration…

Confidential viability information supplied for planning negotiations may properly be withheld from councillors and objectors where it contains commercially…

Immigration detention does not become unlawful merely because a detainee’s deliberate refusal of food or fluids makes him unfit for detention in a removal…

The Hardial Singh principles distinguish the duration of detention from the underlying lawfulness of exercising the detention power. The second principle…

Whether a housing site is deliverable for the purposes of a five-year housing land supply is a matter of mixed fact and judgment for the planning…

Part 1 extradition warrants must provide enough information for the requested person to understand, with reasonable certainty, the substance of the…

A local authority may change the method by which it arranges transport under section 2 of the Chronically Sick and Disabled Persons Act 1970, provided that…

The VAT exemption for postal services is not confined mechanically to services forming part of the universal service obligation. It extends to services…

The legacy programme was operational and created no freestanding right to a decision by a particular date, indefinite leave to remain, or consideration for…

Time spent on remand under section 240 ZA(3) of the Criminal Justice Act 2003 counts as time served in custody as part of the sentence. It does not…

An application pending before the requested state for deferral or withdrawal of a European arrest warrant will not ordinarily provide a proper ground for…

Extradition need not ordinarily be deferred merely because the requested person has pending judicial review or damages proceedings in the United Kingdom. The…

Article 8 may be engaged where welfare-benefit changes compel a family to move from its home and materially affect family life. However, such consequences do…

An appeal under the Medical Act 1983 is a rehearing rather than a review, but the court gives appropriate respect to factual findings based on witnesses seen…

Consistency in public decision-making requires a consistent approach to materially similar cases, but it does not require identical outcomes. The…

The Parole Board must apply the public protection test in Criminal Justice Act 2003, section 225C(3), when deciding whether continued detention is necessary. A…

Eligibility for compulsory jurisdiction under the Financial Services and Markets Act 2000 is a gateway condition. Where the rules state eligibility in…

Extradition engages the public interest in international cooperation, but proportionality under Article 8 must be assessed on the individual facts. There is no…

An extradition appeal which is withdrawn may be dismissed by the court. The dismissal fixes the relevant date for determining the time allowed for execution of…

In an extradition proportionality assessment under Article 8 of the European Convention on Human Rights, a fugitive may rely on established family or private…

Further representations amount to a fresh claim only where they are significantly different from material previously considered and, taken with that material…

On an appeal under section 40 of the Medical Act 1980, the High Court conducts a secondary review. It allows the appeal only where the tribunal’s decision was…

In an extradition appeal, factual findings by the District Judge are governed by the ordinary appellate approach. An appellate court should not interfere where…

The court may extend an interim suspension order where the existing order is due to expire before the substantive disciplinary hearing can be completed. The…

An interim conditions of practice order may be extended for a period sufficient to cover the reasonably anticipated conclusion of the substantive disciplinary…

An interim conditions of practice order may be extended where the substantive disciplinary hearing is imminent but has not yet concluded. The court should…

Naturalisation requires the Secretary of State to be satisfied, on the balance of probabilities, that the applicant is of good character. The British…

A police officer may enter or re-enter private premises within the scope of an occupier’s consent. The consent is construed according to common sense and the…

A planning inspector’s decision on a costs application must give intelligible and adequate reasons. The decision letter must enable the reader to understand…

Particulars in a European arrest warrant satisfy section 2(4) of the Extradition Act 2003 where they identify the alleged conduct, time and place sufficiently…

Where an immigration policy permits discretion in cases of exceptional circumstances, an applicant must identify reliance on that discretion and provide…

A European Arrest Warrant must contain the required particulars in the prescribed standard form. The circumstances of the alleged offending required by section…

In a planning judicial review, the court reviews the rationality and legality of the decision-making process, rather than rerunning the planning merits. A…

A conclusion of lawful killing at an inquest is concerned with whether the death amounted to homicide in criminal law but for a justifying factor. It does not…

A local planning authority may rely on substantial socio-economic benefits to justify development causing harm to designated heritage assets where it has…

For a certificate of inadequacy under Drug Trafficking Offences Act 1986, the defendant must prove, on the balance of probabilities and by clear and cogent…

Immigration decisions are generally governed by the policy in force when the decision is made. Earlier, more favourable policy does not ordinarily create a…

Under section 91 of the Extradition Act 2003, extradition is unjust or oppressive where the requested person is unfit to plead or participate in a trial and is…

Immigration detention is unlawful where the Secretary of State fails lawfully to apply the detention policy concerning serious mental illness which cannot be…

In extradition proceedings, the public interest in giving effect to a European Arrest Warrant is very substantial, but its weight varies with the nature and…

A legislative restriction on the freedom to provide services may be justified where it pursues legitimate consumer-protection or public-order objectives and…

In extradition proceedings, an Article 3 objection succeeds only where substantial grounds establish a real risk of torture or inhuman or degrading treatment…

A disciplinary tribunal’s power to award costs may extend beyond ordinary inter partes costs. Where the governing rule confers power to make such orders as the…

Delay caused by a person deliberately fleeing a country to avoid serving a sentence cannot ordinarily make extradition unjust or oppressive. There is no…

Where publicly funded solicitors cease to act after legal aid is withdrawn, a claimant wishing to continue proceedings must comply with the applicable…

Under section 170 of the Road Traffic Act 1988, the duty to stop, provide particulars or report an accident is not strict liability. The defendant may show…

A request for consideration under an administrative legacy scheme does not itself establish legacy status or create an entitlement to remain. Where…

Article 8 proportionality in extradition requires an assessment of the actual interference with private and family life. Where several European Arrest Warrants…

For the purposes of the oppression limb of section 14 of the Extradition Act 2003, a person convicted in absentia without notice who has not evaded justice…

Under section 13 of the Coroners Act 1988, the High Court may quash an inquisition and order a fresh investigation, including an inquest, where new facts or…

Under the statutory scheme governing police conduct investigations, an appropriate authority may determine whether there is a case to answer only after…

On an appeal from a professional disciplinary decision, the High Court must decide whether the decision was wrong or unjust because of a serious procedural…

In screening proposed Schedule 2 development for environmental impact assessment, the decision-maker must consider relevant cumulative effects, including other…

A professional disciplinary tribunal considering disbarment must give the barrister a proper opportunity to make representations in mitigation after deciding…

Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 48 required a proper review of the likely effects of sections 44 and 46 on mesothelioma…

The High Court may extend interim conditions imposed on a doctor where the statutory power exists and the extension remains justified by a balance between the…

A judicial review of a decision to close residential care homes is concerned with legality, not the merits of the service decision. Under the Tameside…

Planning permission may be challenged where the decision-maker materially misunderstands planning policy, fails to consider a material consideration, or relies…

A police officer may be suspended under regulation 4 of the Police (Conduct) Regulations 2004 to prevent resignation where the public interest requires that…

An interim mandatory injunction will not be granted where the underlying public law claim has no real prospect of success. The court must assess the prospects…

Consultation must be fair in its statutory or factual context. The decision-maker must provide sufficient information to enable an intelligent response to the…

Delay bars extradition only where it makes the proposed proceedings unjust or oppressive. The court must assess the whole course of events, including the…

An extradition appeal under section 26 of the Extradition Act 2003 may be disposed of by an order reflecting terms agreed between the parties. The court may…

Citizenship is a matter of status. Absent specific statutory provision, the same standard of proof applies when citizenship is established for different…

An interested party directly affected by a judicial review claim may seek a declaration of incompatibility under section 4 of the Human Rights Act 1998. The…

On an appeal under section 49 of the Solicitors Act 1974, the High Court may substitute the correct basis of professional misconduct where the charge and…

An appellate court reviewing a professional disciplinary sanction must decide whether the tribunal’s decision was wrong or unjust because of a serious…

In an extradition appeal raising Article 8, the court must balance the serious hardship to the requested person and blameless family members against the public…

A substantive legitimate expectation requires a representation that is clear, unambiguous and devoid of relevant qualification. Its meaning is assessed by…

Where notification of removal under the Immigration and Asylum Act 1999 invalidates existing leave, there is no separate operative decision refusing an…

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

When making an immigration decision affecting a child, the Secretary of State must assess and consider the child’s best interests as a primary consideration.…

Subordinate legislation must be interpreted consistently with its enabling Act and cannot override or contradict primary legislation. A statutory definition…

The Crown Court has jurisdiction under Criminal Justice and Police Act 2001, section 59, to entertain an application by an investigating authority for…

Extradition will constitute an abuse of process where the requesting authority has acted in a manner that makes extradition offensive to the court’s sense of…

On an application for a certificate of inadequacy, the defendant bears the burden of proving, on the balance of probabilities, that his current realisable…

For dual criminality under section 65(3) of the Extradition Act 2003, the conduct described in a European arrest warrant must establish, to the criminal…

An appeal under section 91E of the Sexual Offences Act 2003 involves reconsideration of both fact and law. The magistrates must apply the statutory test…

An application is accompanied by the specified immigration fee where it supplies authorisation or billing data enabling the Secretary of State to obtain the…

A police force’s service-confidence procedure may be amenable to judicial review where it has potentially lasting effects on officers’ careers and is governed…

In an extradition case involving an absent conviction, general evidence of human-rights failings ordinarily does not prevent extradition. It will suffice only…

Safeguarding directions made to protect a proposed infrastructure project are not necessarily a plan or programme requiring strategic environmental assessment.…

Under section 10 of the Allotments Act 1950, a local authority must set allotment rent at the amount which a notional tenant might reasonably be expected to…

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

When deciding whether planning permission has been implemented, the decision-maker may consider the works as a whole and assess, as a matter of fact and…

Where land has been lawfully appropriated, byelaws governing its former recreational use cease to apply to that land. A challenge based solely on alleged…

Under section 122(1) of the Local Government Act 1972, whether land is no longer required for its existing purpose is principally for the local authority…

In legacy immigration cases, the applicable Immigration Rules and policy are ordinarily those in force when the decision is made. A consent order agreeing to…

A disciplinary tribunal deciding whether to proceed in the defendant’s absence exercises a severely constrained discretion. It must proceed with the utmost…

Immigration detention must be assessed by reference to the information reasonably available when each decision was made. It may continue during a pending…

A challenge under section 288 of the Town and Country Planning Act 1990 proceeds on ordinary judicial-review grounds. The court will not revisit an inspector’s…

Immigration detention must be used only for an authorised statutory purpose, for a reasonable period and as a last resort. The detaining authority must…

Section 3 of the National Health Service Act 2006 gives clinical commissioning groups power to fund ordinary residential accommodation where appropriate, but…

Detention pending deportation is lawful only while there is a sufficient prospect of removal within a reasonable period, assessed in all the circumstances. The…

Decisions under the Dublin II Regulation are generally not susceptible to judicial review at the instance of an asylum seeker. The exception is where transfer…

A ministerial statement clarifying Green Belt policy does not necessarily introduce a new policy or alter the statutory planning test. Unmet housing demand…

A public body must exercise a statutory power for the purpose for which Parliament conferred it. A laudable public objective does not cure use of the power for…

Under Planning and Compulsory Purchase Act 2004, section 38(6), the development plan is the starting point and must receive statutory priority. Where its…

A billing authority may define classes entitled to council tax reductions only by criteria identifying persons who are, in general, in financial need. A…

In an extradition case, a strong presumption that a fellow European state will comply with the European Convention on Human Rights may be rebutted by evidence…

In extradition proceedings under the Extradition Act 2003, the adequacy of an European arrest warrant is assessed from its particulars read as a whole. The…

Immigration detention remains lawful where there is a realistic prospect of removal within a reasonable period and the Secretary of State acts with reasonable…

An acquittal in criminal proceedings does not, by itself, make subsequent professional disciplinary proceedings an abuse of process. Criminal and disciplinary…

A fee-waiver policy for an immigration application engages Article 8 where refusal of the waiver may prevent an arguable private or family life claim from…

Where a person with existing exceptional leave to remain applies properly for indefinite leave to remain, the application must be engaged with and determined…

A local authority may adopt standard rates for subsistence support under section 17 of the Children Act 1989, provided the policy allows departure in…

Use of privately owned land for recreational purposes is “by right”, rather than “as of right”, where a local authority lawfully makes the land available for…

In professional disciplinary proceedings, a finding of fact in a civil judgment bears its ordinary meaning. It is not limited to findings necessary for the…

A search warrant obtained without full and frank disclosure of material facts is unlawfully issued where the undisclosed information might reasonably have led…

Under section 41A(10) of the Medical Act 1983, the court exercises an original jurisdiction when reviewing an interim order made by an Interim Orders Panel. It…

Under the retrospective continuing healthcare review process, a health body must conduct a sufficient sift of earlier assessments. The sift need not become a…

On an appeal under National Health Service Reform and Healthcare Professions Act 2002, the court asks whether the disciplinary sanction was wrong, applying a…

Article 8 proportionality in extradition cases requires a fact-specific balancing exercise. The public interest in extradition is weighty, but its force varies…

Judicial review is a remedy of last resort where a statutory immigration appeal exists, including an appeal exercisable only from outside the United Kingdom.…

An exclusion zone imposed as a licence condition engages Article 8 where it prevents a prisoner from living in his family home. Victim impact and broader…

Planning officers’ reports must be read fairly and as a whole. They should not be subjected to statutory-style exegesis, particularly where addressed to a…

A planning authority must take account of relevant development policies and material consultation responses, but it need not undertake a formal assessment…

The meaning of “dependant” in a planning occupancy condition is context-specific. It does not necessarily require financial dependency. Where the condition…

Immigration Rules are construed objectively, according to their natural and ordinary meaning as statements of administrative policy. The rule-maker’s…

Voluntary consultation, once undertaken, must be fair. Fairness is assessed holistically and fact-sensitively by reference to the whole process. Consultees…

In an extradition appeal involving Article 8, exceptionality, a high threshold, and striking or unusual facts are not legal tests. The court must balance the…

A solicitor remains subject to the inadequate professional services regime where he provides legal services as an in-house solicitor. The regime applies to a…

Under paragraph 88 of the National Planning Policy Framework, “any other harm” means additional harm to the Green Belt, not non-Green-Belt harm which has…

Once a development plan document has been submitted for independent examination, a challenge to main modifications forming part of that advanced statutory…

Retention of sensitive gender-recognition information engages Article 8 rights and must be lawful, necessary and proportionate. Retention may be justified for…

A prison strip-search may lawfully be authorised only within a clear framework that respects Articles 3 and 8 of the European Convention on Human Rights. For…

A remand to hospital under section 35 of the Mental Health Act 1983 must serve the statutory purpose of obtaining a report on the accused’s present mental…

Where eligibility for higher-education funding engages the right to education, the court must scrutinise the justification for exclusion with care. A general…

The exercise of prerogative power to grant a Royal Charter is amenable to judicial review according to its subject matter. A commercial competitor cannot…

A library authority must provide a comprehensive and efficient service. Comprehensive does not require a library within a particular distance of every…

Current discriminatory consequences of historic nationality legislation may engage article 14 read with article 8, even where the original treatment occurred…

Where a coroner’s duty to investigate a death conflicts with a family’s religious objections to an invasive autopsy, an interim court should consider whether…

Where an Article 8 claim fails under Appendix FM or rule 276ADE, the Secretary of State must still consider whether leave should be granted outside the…

An unsigned immigration application was invalid under the Immigration Rules. The Secretary of State was nevertheless required to consider whether exceptional…

On a statutory appeal under section 29 of the National Health Service Reform and Health Care Professions Act 2002, the court must decide whether the regulatory…

Article 2 does not generally require the state to protect soldiers on active service from human error, including negligent error, in the military chain of…

The power to add, vary or omit civil legal services under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is confined by the Act’s purpose. It…

An interim suspension order for a regulated professional is a remedy of last resort. Under Pharmacy Order 2010, suspension is justified only where it is…

In a pass/fail public-law assessment, the decision maker must apply the published criterion to the legally relevant information before it. Where an applicant’s…

In extradition proceedings, the requesting authority must establish dual criminality by reference to the actual conduct alleged. The person sought receives the…

Standing in judicial review is context-dependent. The sufficient-interest requirement is liberal and does not require a claimant to show a private grievance in…

A closed material procedure may be authorised where the applicant shows an arguable defence supported prima facie by relevant sensitive material, and…

Inappropriate development in the Green Belt remains harmful even where permission is sought only temporarily. Substantial weight must be given to that harm…

An inspector examining a development plan document that allocates sites for an agreed quantity of housing need not also determine whether an objective…

When deciding whether to register a minor as a British citizen, the Secretary of State must have regard to the child’s best interests under Borders…

A solicitor must comply with a court order unless and until it is set aside. This remains so where the solicitor alleges fraud, lack of jurisdiction or…

Costs from central funds are assessed by an objective compensation test. The amount must be reasonably sufficient to cover expenses properly incurred, having…

Consultation on proposed public-service changes must be conducted fairly, at a formative stage and with an open mind. A decision-maker may formulate options…

A maintained school requiring special measures may be converted into a sponsored academy where the statutory conditions are met. The Secretary of State may…

Disclaimer of a lease under section 178 of the Insolvency Act 1986 determines the lease and accelerates the landlord’s reversion. The landlord therefore…

The Legacy Programme was an operational process for reviewing unresolved immigration cases. It created no substantive rights, amnesty or distinct policy. A…

Under paragraph 353 of the Immigration Rules, further submissions require a two-stage assessment: whether they should be accepted as a protection claim and, if…

A child is not a looked-after child merely because a local authority provides financial or other support after the child moves to live with a relative. The…

A youth court’s decision on venue may arguably be reconsidered where it was made without knowledge of a material fact, including the existence of an adult…

Guidance governing a public body’s discretionary designation decisions must be correctly interpreted and applied, but it need not be read with the precision of…

A national court may review the lawfulness of conduct by a domestic regulator exercising national powers, even where that conduct supports an EU infringement…

For a fresh asylum claim under paragraph 353 of the Immigration Rules, the decision-maker must ask whether the further submissions are significantly different…

A human rights claim may be certified as clearly unfounded only where it is bound to fail. If there is a legitimate view on which the claim may succeed…

A detained fast-track asylum system is not unlawful merely because it uses broad suitability criteria, includes appeals, or covers potentially vulnerable…

Immigration decision-making must be fair and proportionate in all the circumstances, but fairness does not generally require the Secretary of State to invite…

Immigration detention becomes unlawful when it is apparent that removal cannot be achieved within a reasonable period. Mental illness, detention-related…

Exemption from unoccupied non-domestic rates applies only where the owner is prohibited by law from occupying the hereditament or permitting occupation. A risk…

On an extradition appeal, the court does not determine whether the requested person is guilty or innocent. Issues about presence, alibi, sentence calculation…

A representation by the State constrains a later reconsideration only where, viewed objectively and in its full context, it amounts to a clear and unequivocal…

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

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires arrangements that safeguard and promote the welfare of children affected by…

Retrospective legislation which intervenes in pending civil litigation to secure a favourable outcome for the State is incompatible with Article 6 unless…

On summary assessment, recoverable costs must be reasonable and proportionate to the importance and circumstances of the case. Work undertaken by a solicitor…

An employment tribunal hearing an appeal against a prohibition notice must reach its own decision on the facts at the time of service, while paying due regard…

Under the National Planning Policy Framework, the presumption in favour of sustainable development does not automatically displace an applicable…

Section 60(3) of the Extradition Act 2003 permits the High Court, when dismissing a statutory extradition appeal, to review and, where appropriate, vary or…

Section 14 of the Extradition Act 2003 does not permit a person convicted in absentia, but entitled to a retrial, to rely on the passage of time applicable to…

Where a grant agreement requires compliance with procurement requirements, failure to follow an express advertising requirement constitutes a breach capable of…

Whether a message is menacing under section 127 of the Communications Act 2003 is a question of fact judged in its context and all relevant circumstances. The…

Judicial review of a refusal by a circuit judge to grant permission for a first appeal from a procedural costs order is available only in exceptional…

A public authority may act as a market economy operator, including by refinancing a company in which it holds a substantial shareholding. The relevant…

In a recovered planning appeal, disagreement between the Secretary of State and an inspector is ordinarily a matter of planning judgment and does not, without…

Where entitlement to a British passport depends on the applicant’s identity or citizenship, the court may determine that issue as a question of precedent fact…

Where works authorised by a private Act have been completed, a continuing power to extend, enlarge, alter, replace or relay them may remain available if the…

Immigration detention must remain justified by a real prospect of removal within a reasonable period, and the Secretary of State must act with reasonable…

Under section 36 of the Extradition Act 2003, a requested person must be extradited within the applicable ten-day period. Once that period has expired without…

On a case stated appeal, the facts must ordinarily be taken from the four corners of the case stated. A magistrates’ court has a discretion to adjourn a…

A development-plan policy allocating land for mixed use, including housing and education or community use, does not permit the whole site to be used for…

A search warrant must identify, so far as practicable, the articles or persons sought and must enable the issuing justice, the executing officers and affected…

Immigration Rules are not unlawful merely because they do not provide an answer to every Article 8 case. They must be read with the Secretary of State’s…

A planning authority must understand development plan policies objectively, while retaining evaluative judgment in their application. Its inquiry is legally…

In a challenge under Town and Country Planning Act 1990, the court reviews legality rather than the planning merits. An inspector’s report must be read fairly…

Judicial review does not provide a general appeal against sentence. Intervention is justified where the sentence falls outside the reasonable range available…

For an application for indefinite leave to remain under the Immigration Rules, compliance with employment requirements is assessed at the date of the Secretary…

A judicial review claim may be declined where the issue has become academic, unless there is a good public-interest reason to decide it. That exception is…

A Crown Court cannot use its costs jurisdiction under section 19 of the Prosecution of Offences Act 1985 to punish or review the exercise of prosecutorial…

A claimant seeking judicial review must file promptly and, in any event, within the applicable three-month period. The court may extend time, but a claimant…

A planning proposal must be assessed on its own merits, although an existing permission may be a material consideration. Under section 38(6) of the Planning…

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires a child’s best interests to be treated as a primary consideration, but not as the…

Apparent bias is assessed objectively. The question is whether the fair-minded and informed observer, having considered all relevant circumstances, would…

On a statutory appeal from a professional disciplinary tribunal, the High Court may allow an appeal where the tribunal’s decision was wrong or unjust because…

Where an immigration decision unlawfully relies on rules that do not apply to the application, relief may nevertheless be refused if the decision-maker would…

Under Nationality, Immigration and Asylum Act 2002, an asylum claim and a human rights claim made together remain separate claims for certification purposes.…

A planning authority may determine an application under section 73 of the Town and Country Planning Act 1990 by reference to the particular conditions…

On an appeal from a professional disciplinary tribunal, the court undertakes a rehearing but gives appropriate weight to the tribunal’s expertise and…

The statutory power to detain pending removal is limited by the requirement that detention remain reasonably necessary and pursued with reasonable diligence. A…

Immigration detention remains lawful only while removal is intended and can be achieved within a period that is reasonable in all the circumstances. The longer…

When a public authority decides whether to remove a tree in a conservation area, it must take into account the tree’s location and its effect on the area, even…

A magistrates’ court’s statutory power to award costs is confined by the terms of the empowering provision. Under section 64 of the Magistrates’ Courts Act…

A criminal court may use its inherent powers to appoint an intermediary for a defendant notwithstanding the statutory exclusion of defendants from the…

Exceptional legal aid under LASPO must be assessed case by case. The statutory tests do not require certainty that refusal will breach human rights, nor do…

An offence of breaching an enforcement notice under Town and Country Planning Act 1990, section 179, is continuing after the compliance period expires. The…

Statutory language may require an updating construction where Parliament intended it to accommodate changes in technology, society or institutional…

A planning decision-maker must take into account all material considerations and interpret planning policy correctly. The weight given to material…

A second planning application for an identical or similar development is not automatically affected by apparent bias merely because an earlier permission is…

A development plan may lawfully be adopted with a commitment to an early partial review where the inspector reasonably considers that the plan provides a sound…

Under paragraph 353B of the Immigration Rules, the Secretary of State has a discretion whether to conduct a review. Once that discretion is exercised, the…

In assessing whether a human-rights claim is clearly unfounded, the court must ask whether an appeal would be bound to fail, taking the claimant’s factual case…

An appellate court hearing a statutory appeal has power to control its proceedings and, in appropriate circumstances, strike out an appeal which has not been…

A late human-rights appeal against extradition under section 108(5)–(8) of the Extradition Act 2003 may be considered only where this is necessary to avoid…

After the final judicial stage of extradition proceedings, the Secretary of State may exceptionally consider genuinely fresh evidence showing that removal…

A challenge under section 288 of the Town & Country Planning Act 1990 is confined to ordinary public law grounds. It is not an appeal on the planning merits.…

Retrospective tax legislation is not unlawful or disproportionate merely because it removes an arguable tax advantage before the underlying dispute has been…

On an appeal against revocation of a driving licence, the magistrates’ function is to determine for themselves whether the revocation decision was correct on…

In assessing disability discrimination in a housing-benefit scheme, the scheme must be considered as a whole, including any discretionary housing-payment…

In a challenge to planning permission, dissatisfaction with the timing or structure of planning-obligation contributions does not establish irrationality…

A local authority considering changes to nursery education must identify and address its statutory duties before making the decision. It must ask what…

Disclosure in judicial review is governed by whether it is necessary to resolve the matter fairly and justly. Orders remain exceptional, and the court must…

The Judicial Appointments Commission may adopt a consistent policy for assessing good character under section 63(3) of the Constitutional Reform Act 2005. A…

Classification as a medicinal product under the functional limb requires a case-by-case application of the multi-factorial test. A product cannot be classified…

Fairness does not automatically require an oral hearing whenever evidence conflicts. The decisive question is whether a substantial factual issue, central to…

Immigration detention pending deportation is lawful only for a period that is reasonable in all the circumstances. It must also remain realistically capable of…

An appeal from a fitness to practise decision succeeds only where the tribunal was wrong in its conclusions. The appellate court respects the specialist…

On an appeal under section 40 of the Medical Act 1983, the court conducts a rehearing but gives special respect to the professional tribunal’s assessment of…

Under Article 6.3 of the Habitats Directive, a competent authority must first assess whether a plan or project is likely significantly to affect a protected…

For residential premises, seven days’ notice is generally required before entry under section 108 of the Environment Act 1995. That requirement does not apply…

The Crown is bound by legislation where it is expressly named or where binding it follows by necessary implication from the statute’s purpose understood in…

Costs should reflect both the legal merits and the practical value of proceedings. A claimant which obtains no formal relief may nevertheless have been…

Judicial review of a prosecutor’s decision to continue an indictment is ordinarily inappropriate while Crown Court proceedings are in progress. The…

Cross-examination in judicial review proceedings is exceptional. The court retains a discretion to permit it where it is necessary for the claim to be…

A legacy asylum case does not create an amnesty or an entitlement to leave merely because the claimant falls within the legacy programme or has accrued…

Paragraph 245AA(b)(i) of the Immigration Rules applies only where an identifiable sequence of documents exists and a document within that sequence has been…

At the permission stage of judicial review, the court determines whether a ground is arguable, not whether it will ultimately succeed. A challenge to a…

For certification under section 96 of the Nationality, Immigration and Asylum Act 2002, a claimant cannot invalidate certification merely by identifying later…

Judicial review is available against a disciplinary tribunal’s costs decision where the applicable regulations provide no appeal against costs and costs are…

Under Extradition Act 2003, an assurance that a death sentence will not be carried out may remove the real risk of execution, but it does not necessarily make…

The secure transmission of limited, non-medical information about unpaid NHS debts to government bodies was lawful. The information did not disclose…

On an appeal from a case tribunal of the Adjudication Panel for Wales, the applicable standard of proof is the civil standard. The appellate court must decide…

Article 5(4) does not require successive reviews of detention to be conducted by a single judicial body. Separate specialist tribunals are permissible…

A judicial review claim should ordinarily be stayed or dismissed where an adequate statutory appeal is available and the appeal can determine disputed facts…

Paragraph 276ADE(vi) requires an applicant who has lived in the UK for less than 20 years to show that he has no relevant social, cultural or family ties with…

An EU citizen residing in the United Kingdom has no greater voting rights than a United Kingdom national in the same position. Articles 20 and 22 TFEU and…

An application to extend time for serving a statutory planning challenge may be granted where the delay is short, the application is prompt, significant…

Immigration detention pending deportation must remain directed solely to that purpose and must satisfy the Hardial Singh principles throughout. The court must…

On Article 1(5) land, an enlargement of a dwellinghouse having more than one storey is not permitted development where it extends beyond the rear wall of the…

Section 18 of the Commissioners for Revenue and Customs Act 2005 creates a prohibition on disclosure, but not an absolute bar. Disclosure may be made where the…

A lawful planning use may be extinguished where subsequent development creates a new planning unit and materially changes the use of the land. Whether a new…

A neighbourhood plan may proceed before an up-to-date local plan has been adopted. The examiner’s task is to determine whether the statutory basic conditions…

In a judicial review of a police misconduct complaint, the court reviews whether the investigation and appeal decision were fairly and reasonably open to the…

Permission for judicial review may properly be granted where an appeal panel arguably exceeded its jurisdiction, adopted an impermissible procedure, or denied…

An IPCC review of a police decision is not a reinvestigation. The question is whether the police action and the IPCC’s conclusion were reasonable, lawful and…

For the purposes of section 19 of the Prosecution of Offences Act 1985, the prosecution is treated as one party. It is unnecessary to identify whether fault…

When deciding whether information should be included in an enhanced criminal record certificate, the chief officer must balance the seriousness and reliability…

The natural grammatical meaning of section 10 of the Inclosure Consolidation Act 1801 is that “private” qualifies every item in its list, including bridleways…

A conviction European Arrest Warrant satisfies section 2(6) of the Extradition Act 2003 where it gives sufficient details of the underlying offences to enable…

Membership of the legacy programme did not create a general entitlement to indefinite leave to remain. The relevant question was whether the case had been…

Where a decision has been certified under the statutory scheme permitting a challenge before SIAC, the Administrative Court should ordinarily stay existing…

The NHS Act 2006 imposes a qualified, judgment-based duty to provide specified services only to the extent considered necessary to meet all reasonable…

Where a solicitor has engaged in deliberate and repeated dishonesty, striking off remains the normal sanction. Mitigating features such as youth, inexperience…

Criminalising residential squatting under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 does not, without more, prevent the…

A national court’s interim order does not bind courts or authorities outside its territorial jurisdiction. However, the European Commission’s duty of sincere…

A public authority must assess a sanction for past conduct by reference to the policy guidance in force when the relevant obligation arose, particularly where…

Applications for exceptional civil legal aid under LASPO require separate consideration of the exceptional case determination and the ordinary means and merits…

A clinical commissioning group’s duty under section 3 of the National Health Service Act 2006 is to arrange necessary services, not to provide them personally…

On a statutory appeal from a professional fitness-to-practise panel, the High Court conducts a rehearing but does not retry the case de novo. Appropriate…

Immigration Rules imposing points-based requirements must be complied with strictly. A near miss does not justify leave where the rule creates a bright-line…

Under Tier 4 guidance, a recognised qualification requires completion of the relevant course or stage and acceptance by the appropriate public or professional…

Under regulation 61 of the Conservation of Habitats and Species Regulations 2010, a competent authority must assess a proposal’s likely significant effects…

The Secretary of State has a broad power to exclude a foreign national where presence in the United Kingdom is considered not conducive to the public good.…

For a sound local plan, housing provision must begin with a full and objective assessment of housing need, including market and affordable housing. The…

A local authority must exercise a licensing function through the decision-maker specified in its published constitution. A committee cannot assume a function…

In assessing a long-resident unsuccessful asylum claimant, the Secretary of State must base the decision on the documented history and must not treat…

An appellate court hearing a professional disciplinary appeal by rehearing may exercise its own judgment on whether the evidence supports findings of fact, but…

Judicial review of a Community Infrastructure Levy charging schedule is concerned with lawfulness, not the merits of the charge or the court’s preferred…

Late service of a witness statement does not automatically require an application for relief from sanctions under CPR 3.9. Where CPR 32.10 makes the…

When deciding whether to extend an interim order, the court is the primary decision-maker and applies the same protective criteria as for the original order.…

An applicant cannot unilaterally terminate tribunal proceedings merely by notifying the tribunal of an intention to withdraw. Where the governing statute…

Where a requested person has serious mental illness, extradition may engage Article 3 if the conditions of transfer and detention create a real risk of severe…

The unsuccessful party will ordinarily pay the successful party’s costs. Departure from that rule requires consideration of all the circumstances, including…

In extradition cases engaging Article 8, there is no automatic rule that extradition is proportionate. The court must carefully assess the interference with…

A search warrant issued under Police and Criminal Evidence Act 1984 must identify, so far as practicable, the material which may be seized. If its terms permit…

Clinical commissioning groups must treat NICE recommendations made under regulation 5 as relevant considerations when formulating general funding policies.…

An immigration detainee may be detained under Schedule 3 to the Immigration Act 1971 only while the statutory conditions for detention remain satisfied. Where…

HMRC may use third-party information notices under Finance Act 2008, Schedule 36, to investigate the tax position of an identified taxpayer. A person whose…

An academic judicial review claim should ordinarily be dismissed unless there is a good reason in the public interest to determine it. A claimant who knowingly…

On an appeal from a professional disciplinary tribunal, the court must decide whether the tribunal was wrong or whether its decision was unjust because of a…

In reviewing a traffic regulation order, the court applies a fact- and context-sensitive margin of discretion. A local authority must address the statutory…

An ombudsman determining a complaint by reference to what is fair and reasonable has a broad evaluative discretion, but must take account of material evidence…

A warrant application must satisfy the statutory safeguards in Police and Criminal Evidence Act 1984 and the duty of full and frank disclosure. Where material…

A longstanding policy of neither confirming nor denying receipt of an extradition request may lawfully be maintained to prevent evasion of extradition.…

Judicial review of a County Court refusal of permission to appeal is available only in exceptional circumstances. A mere error of law in the Circuit Judge’s…

In screening Schedule 2 development for environmental impact assessment, the decision-maker must ask whether the project is likely to have significant effects…

Where an Immigration Rule makes refusal mandatory upon proof of a specified characteristic, the issue may properly be approached as one of precedent fact…

Judicial review claims concerning sponsor licences may be dismissed as academic where the claimant identifies no practical benefit, claims no damages and…

A statutory power to detain a person whose leave to enter has been suspended may operate both pending completion of examination and pending the decision…

A mandatory refusal-rate criterion for highly trusted sponsor status is lawful. A 20% threshold does not unlawfully fetter discretion merely because some…

Support for destitute asylum seekers under the Immigration and Asylum Act 1999 must meet the objective minimum required by the Reception Directive. It must…

In extradition proceedings, a requested person alleging that prison conditions in another Convention state will breach Article 3 bears the legal burden of…

Reduction of an indeterminate sentence tariff requires exceptional progress in prison. Very good progress, substantial course completion, genuine remorse and…

Planning decision-makers must understand and apply relevant policies, but the weight given to material considerations remains a matter of planning judgment…

The public sector equality duty requires a public authority to identify and assess the real and likely adverse equality impacts of a proposed decision before…

An appeal from a professional disciplinary tribunal is by way of rehearing, but the appellate court should respect the tribunal’s specialist expertise, its…

Immigration detention pending deportation remains lawful only while the Hardial Singh principles are satisfied. The period must be reasonable in all the…

In a professional disciplinary appeal, an appellate court must respect a specialist tribunal’s primary factual and credibility findings, particularly where it…

Guidance about when to make a removal decision is not a rule regulating entry into or lawful stay for the purposes of section 3(2) of the Immigration Act 1971.…

In a Part II extradition appeal, the High Court determines for itself whether the admissible evidence establishes a prima facie case. Hearsay admitted under…

A challenge under Town and Country Planning Act 1990, section 288, concerns the legality of the decision-making process, not the planning merits. The court…

Judicial review is generally a remedy of last resort. Where an ombudsman can investigate both the merits and procedure of a decision, has relevant expertise…

A challenge to a compulsory purchase order under the Acquisition of Land Act 1981 is, in effect, a statutory judicial review. Ordinary Wednesbury principles…

Immigration detention pending automatic deportation must remain within the Hardial Singh limits. Detention must last no longer than is reasonable in all the…

Planning authorities must determine applications in accordance with the development plan unless material considerations indicate otherwise. The weight given to…

When ordering a convicted defendant to pay prosecution costs, the court must consider the defendant’s means and ability to pay within a reasonable time. The…

Section 206(2)(a) of the Housing Act 1996 gives a local housing authority a discretion to require reasonable charges. That discretion may permit a nil or…

A lawful consultation must be fair, undertaken while proposals remain capable of alteration, and provide sufficient information for intelligent consideration…

A magistrates’ court conducting an extradition hearing cannot receive and rely on evidence tendered by one party which is not disclosed to the other, unless…

Mandatory HMO licensing depends on whether the HMO itself, rather than the building containing it, comprises three or more storeys. “Storey” bears its ordinary…

The Whitley principle permits development to commence despite breach of a pre-commencement condition where the developer applied for approval before commencing…

When extending an interim suspension order, the High Court must exercise an independent judgment. The relevant considerations include protection of the public…

An appeal from a professional disciplinary decision is a rehearing governed by the applicable procedural rules, but the appellate court gives appropriate…

Naturalisation obtained by fraud is not generally a nullity. Nullification is confined to the narrow category of impersonation, where the grant was made to a…

When determining a rent under Housing Act 1988, ss 13 and 14, a tribunal must use a proper stepped process. It must assess the property’s rental value in its…

A licensing authority deciding whether to renew a sexual entertainment venue licence has a broad evaluative discretion under Schedule 3 to the Local Government…

A local authority is not bound to accept a Local Government Ombudsman recommendation about remedy, although it must take the recommendation seriously and…

An applicant seeking a search and seizure warrant without notice must present a full, accurate and balanced account. The applicant must disclose anything which…

A regional planning authority may adopt a strategic policy restricting borough-wide rent caps for affordable rented housing where that policy is rationally…

In age-assessment judicial review claims, permission should be granted where there is a realistic prospect that the court would conclude that the claimant is…

Paragraph 349 of the Immigration Rules does not require a dependant partner to receive refugee status merely because the principal applicant has been granted…

Section 14 of the Harbours Act 1964 confers a discretionary power to make a harbour revision order. Even where the statutory objects and application…

The Secretary of State’s power under section 77 of the Town and Country Planning Act 1990 is very wide. A call-in policy identifying examples of cases that may…

A planning permission contrary to the development plan may be lawful where material planning benefits have a realistic prospect of being achieved and…

Where an appeal has been withdrawn, the court may dismiss it and determine the associated costs. Substantial costs may properly be summarily assessed where the…

For an appeal under section 26 of the Extradition Act 2003, notice must be given within seven days and served in accordance with the rules on both the court…

In an appeal under the Extradition Act 2003, the court may cure an irregular failure to serve an appeal notice within time where the prosecuting authority was…

In a planning judicial review, the court assesses an officers’ report fairly and as a whole. It does not subject individual passages to minute exegesis.…

An adopted development plan is neither absent nor silent merely because site allocations remain incomplete. Relevant strategic policies may provide sufficient…

Permission for judicial review may be granted where an ombudsman may have failed to consider the full scope of a complaint and thereby failed to have regard to…

Whether immigration leave is discretionary leave or leave outside the Immigration Rules is determined objectively from the contemporaneous communications and…

A person who has not personally participated in the preparation of a planning document may nevertheless be a person aggrieved where an agent participated for…

The removal of criminal legal aid for prison-law matters is unlawful only if it creates a proven and unacceptable risk of procedural unfairness inherent in the…

A planning authority may rely on an earlier negative EIA screening opinion for a revised proposal where it reasonably concludes that the changes create no…

Permission for judicial review should be granted where the challenge raises a potentially complex and important issue concerning the operation of a statutory…

At the permission stage of a judicial review, the claimant must show that the proposed ground is arguable. A planning authority is entitled to exercise…

At the permission stage of a judicial review, an alleged factual error is arguable only where the decision-maker may have failed to appreciate a fact…

The exemption for vehicles used for ambulance purposes is concerned with the vehicle’s sole or primary use, assessed as a question of fact and degree. The…

A published policy does not unlawfully fetter a statutory discretion merely because it is expressed in firm terms. The critical question is how the policy…

An immigration officer who has a discretion whether to make removal directions under section 10 of the Immigration and Asylum Act 1999 must recognise and…

Under Green Belt policy, development is prima facie inappropriate and harmful and requires very special circumstances unless it falls within the defined…

For dual criminality under the Extradition Act 2003, the court must identify the essence of the conduct alleged in the European Arrest Warrant. It must then…

A licensing policy regulating street entertainment is sufficiently certain if, viewed as a whole, it enables a person, with legal advice where necessary, to…

The Legacy Programme was an operational scheme for managing an asylum backlog. It created no substantive right, amnesty or separate entitlement to leave. Cases…

In determining whether demolition in a Conservation Area should be permitted, a decision-maker may consider both the harm caused by demolition and the benefits…

An application paid by payment card is not accompanied by the specified fee where a valid payment authorisation is declined because the account lacks…

Immigration rules ordinarily apply to an application according to the date on which the rules state that they take effect, unless the rules provide otherwise.…

For the purposes of registering land as a town or village green, public use is not automatically by right merely because a local authority has maintained the…

The Legal Ombudsman’s assessment of what is fair and reasonable attracts substantial judicial deference. Judicial review does not permit the court to…

A prohibition on vehicles turning to face the opposite direction may be adequately conveyed by the prescribed “No U-turn” sign, even where the prohibited…

In a prosecution for failing promptly to notify a change affecting benefit entitlement, the prosecution must identify and prove the alleged delay. It is…

Judicial review is a court of last resort. Where a claimant has an adequate right of appeal from a county court decision, that appellate route must be used…

Permission for judicial review of outline planning permission should be refused where the authority has materially considered relevant environmental advice and…

Administrative delay does not make a later immigration decision unlawful merely because an earlier decision might have produced a more favourable outcome.…

A Crown body may voluntarily adopt a Welsh language scheme and retains an implied power to withdraw it. The statutory investigation and recommendation regime…

In a fast-track asylum appeal, an adjournment is required where the tribunal cannot fairly determine the case on the listed date and the missing evidence may…

Judicial review of an OIA decision is concerned with legality and rationality, not a rehearing of the underlying academic or factual dispute. The OIA has a…

The July 2011 Legacy asylum policy did not contain a general exception requiring Indefinite Leave to Remain for applicants with long residence, administrative…

Where leave is extended under section 3C of the Immigration Act 1971, an application for further leave made during that period is an application to vary…

When the Parole Board considers whether to direct the re-release after recall of a determinate-sentence prisoner, it must apply a uniform public-protection…

Planning policies must be read as a whole. Where policies pull in different directions, the planning authority must identify and weigh the competing…

In assessing alleged bias in an administrative sanctions process, the court must consider all the circumstances and any admissible evidence of what occurred…

After execution of a search warrant, the Magistrates’ Court retains jurisdiction to determine an application for disclosure of the Information supporting it.…

Under a planning policy requiring a demonstrated long-term need for off-airport parking, the question is whether there is, or will be, a long-term need that…

A planning authority must establish both the presence of a protected species and the extent to which the proposed development may affect it before granting…

When extradition is challenged under Article 8, the court must conduct a proportionality balancing exercise. The public interest in extradition is constant and…

When deciding whether to commit a child to the Crown Court, the Youth Court must ask whether there is a real prospect that the Crown Court would impose custody…

An inspector’s planning decision will not be quashed merely because its reasoning is brief. The reasons must convey the substance of the reasoning to an…

In determining a planning application, the authority must apply the development plan properly, consider all material planning considerations and adopt a…

An inquiry report may be challenged only by judicial review, and the court intervenes in factual findings only where they are irrational or perverse. Judicial…

When construing a planning decision letter, the court must read the letter and any adopted inspector’s report fairly as a whole, using a straightforward and…

A fresh claim is not automatically abusive merely because its subject matter could have been raised in earlier proceedings. The court must make a broad…

Whether a child is a “child in need” under Children Act 1989, section 17, depends on the need for local-authority services, rather than need in the ordinary…

The “no ties” requirement in paragraph 276ADE(vi) of the Immigration Rules requires a rounded assessment of all relevant circumstances. Family or social…

An extradition court has a limited implied abuse-of-process jurisdiction. Bad faith by the requesting authorities is required; confusion, inadequate…

A CDM co-ordinator must identify significant gaps in pre-construction information and give the client specific advice where further safety information is…

In a planning challenge under Town and Country Planning Act 1990, the court must distinguish the interpretation of planning policy, which is a matter of law…

Highway works do not require environmental-impact screening merely because they may fall within a broad project category. The threshold question is whether the…

For a fresh claim, the Secretary of State must assess genuinely new and significantly different material together with the earlier material. The question is…

A planning authority has a substantial area of evaluative judgment when identifying reasonable alternatives for strategic environmental assessment. The SEA…

For a town or village green application, public use ceases to be “as of right” when the landowner takes steps which communicate to ordinary reasonable users…

Judicial review of a local authority planning decision is not established merely because an executive councillor addressed the planning committee after…

In construing a standard-form healthcare services contract, the court must ascertain the meaning conveyed to a reasonable person in the relevant commercial and…

An appeal from a professional disciplinary decision is a rehearing which is, in substance, a review of the material before the panel. The court respects the…

In a professional disciplinary appeal, the court should not interfere with a sanction unless it falls outside the reasonable range open to the tribunal.…

Complainants and interested persons are entitled to attend police misconduct proceedings as observers until the disciplinary-action stage begins. Premature…

Under Town and Country Planning Act 1990, section 174, a person may appeal against an enforcement notice only if they have a legal or equitable interest in the…

Article 3(2) of the Dublin II Regulation does not confer an enforceable personal right on an asylum seeker to require the United Kingdom to determine an asylum…

Licence conditions imposed on a released prisoner may restrict Convention rights where authorised by the statutory scheme and justified by the purposes of…

A deportation order is not invalid merely because the person concerned is outside the United Kingdom when it is signed. The statutory scheme permits an order…

Extradition will be disproportionate under article 8 only where the interference with private or family life is exceptionally severe and outweighs the constant…

Under the National Planning Policy Framework, “deliverable” housing need not be completed within five years. For a site outside the identified five-year…

The Schedule 7 power may be used at a port or border to investigate whether a traveller appears to be concerned in terrorism. The examining officer need not…

Article 8 applications outside the Immigration Rules require an assessment of proportionality, but a separate assessment is unnecessary where the Rules have…

In assessing the statutory “good character” requirement for naturalisation, the Secretary of State must consider the applicant’s character as a whole. A…

An inspector examining a development plan document exercises a reviewing jurisdiction over the document as submitted. If it would be reasonable to conclude…

A listing officer may correct a council tax valuation band prospectively where satisfied that a different band should previously have been determined. The…

An EEA deportee must generally pursue an application to revoke a deportation order, and any resulting appeal, from outside the United Kingdom. That scheme is…

Challenges to an interlocutory coroner’s ruling about the conclusions to be left to a jury should ordinarily not be entertained by the High Court. Although…

In a judicial review concerning a historic immigration application, the court must assess the claimant’s evidence positively, including its credibility…

Article 8 considerations are ordinarily accommodated within the Immigration Rules and related guidance. A separate assessment outside the Rules is required…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, a development plan policy supporting renewable energy may still support a proposal where…

On an appeal from a professional disciplinary decision, the court applies the appeal threshold in CPR 52.11, rather than conducting a rehearing. Intervention…

When applying the mandatory 20% refusal-rate criterion for Highly Trusted Sponsor status, the Secretary of State may count all relevant visa or leave refusals.…

A confession is not excluded merely because a detainee was tired, had consumed alcohol, or because Code C was imperfectly followed. The court must assess…

In mutual-assistance proceedings, the statutory test of substantial relevance remains the same, but its application is context-dependent. A requested court…

A statutory application to review a traffic regulation order is distinct from a claim for judicial review under CPR Part 54. The statutory exception for…

Police security vetting requires a two-stage test: first, whether there are reasonable grounds for suspecting that the applicant is or has been involved in…

At the permission stage of judicial review, the court should decide only whether the proposed challenge is sufficiently arguable. Where the issues involve the…

In professional disciplinary proceedings, anonymous hearsay is not subject to an absolute rule of exclusion. However, significant evidence about a registrant’s…

Whether accommodation is a self-contained unit is an objective question of fact and degree. The relevant inquiry is whether the physical characteristics of the…

A local planning authority must address the statutory criteria for enforcement rationally and take account of material considerations, including its own…

A Minister’s discretion under section 1(1) of the Inquiries Act 2005 is very broad, but a refusal to establish an inquiry must be supported by rational reasons…

For the property disregard under paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992, “home” means a person’s…

Cash is recoverable property under the Proceeds of Crime Act 2002 only where the criminal conduct has a legally sufficient causal connection with its…

A public authority allocating fixed EU Structural Funds within regional categories has a wide discretion to choose a rational methodology. EU cohesion…

In a planning judicial review, an Inspector’s reasons are adequate if, read straightforwardly and in context, they identify the principal controversial issues…

An environmental assessment for a development plan must form part of an integrated and continuing process. It should begin at an early stage, while policies…

A statutory fee regime is not unlawful merely because it makes proceedings more difficult or daunting. The question is whether, in its factual and legal…

A fresh claim under paragraph 353 of the Immigration Rules requires submissions which are significantly different from material previously considered and…

The European Union principle of equal treatment does not require equal treatment of all third countries in the conduct of the Union’s external relations. That…

Under section 191(4) of the Town and Country Planning Act 1990, a local planning authority may modify or substitute the description of an existing use in an…

For council tax purposes, a person qualifies as a student only if both statutory requirements are met: the person must be enrolled, at the material time, for…

An inquest may be quashed and a fresh investigation ordered where materially inaccurate public findings resulted from significant investigative failures, even…

A decision of the Legal Ombudsman may be challenged only on conventional judicial-review grounds. The court must not substitute its own view of what is fair…

On an appeal against disciplinary sanction, the court intervenes only for legal or procedural error, inadequate reasons, or a sanction that is clearly…

Double jeopardy in extradition proceedings is not established merely because two prosecutions arise from a common criminal scheme or rely on overlapping…

The Secretary of State’s consent to restricted patients taking unescorted community leave is a distinct decision from a tribunal’s decision on conditional…

An issuing authority under the Extradition Act 2003 may be a public prosecutor. The question is not confined to whether the authority is a court or judge. The…

A magistrate considering whether to issue a summons for a private prosecution must rigorously examine whether the alleged facts disclose an offence known to…

On an application to extend an interim suspension of a medical practitioner, the court is the primary decision-maker. It must independently decide whether…

A university must follow its published assessment procedures where they constitute a clear and unambiguous assurance. A handbook which describes grade…

For the purposes of Extradition Act 2003, a person who is presently unfit to plead remains an accused where there is a real prospect that the unfitness is not…

On an appeal from a professional disciplinary panel, the court may correct material errors of fact or law and intervene where procedural mishaps cause…

Immigration detention remains lawful only while deportation is intended and there is a sufficient prospect of removal within a reasonable period. The Secretary…

A recall from release on licence is lawful where the decision-maker has evidence on which a reasonable conclusion of breach may be based. An emergency recall…

Environmental impact assessment screening is a preliminary judgment entrusted to the local planning authority. The court reviews it on Wednesbury principles…

On an appeal from a professional disciplinary sanction, the court must respect the specialist tribunal’s expertise and evaluative judgment. It may intervene…

When deciding whether to extend an interim order of conditions imposed on a medical practitioner, the court must balance the practitioner’s interests against…

Immigration detention of a person suffering from serious mental illness is lawful only where the Hardial Singh principles and the Secretary of State’s…

Judicial review claims must be brought promptly and ordinarily no later than three months after the decision challenged. An unexplained delay of several years…

A local planning authority may adopt a residual local development document without following the statutory procedures applicable to a development plan document…

A claim is not clearly unfounded merely because its individual elements fail when considered separately. In deciding whether to certify a human rights claim…

A public authority’s decision concerning a contract may be amenable to judicial review where there is a sufficient connection between the contractual decision…

Under Criminal Justice and Police Act 2001, the question on an application for return of seized property is whether the property falls outside the statutory…

Planning policies must be interpreted objectively, according to their language, context and purpose. They are not construed as statutes or contracts, and may…

Section 3C of the Immigration Act 1971 permits an applicant to vary an existing application for variation of leave, but does not permit a fresh application…

Section 14 of the Road Traffic Regulation Act 1984 permits temporary restrictions on road use subject to conditions considered necessary, including variable…

Article 11 of the Convention protects, as an essential element of trade-union freedom, a right to engage in meaningful collective bargaining concerning…

Retrospective planning permission for EIA development should be granted only in exceptional circumstances and where the developer gains no improper advantage…

On a statutory appeal from a professional disciplinary decision, the appellate court must correct errors of fact, law or approach, while giving appropriate…

An appeal under regulation 17 of the Teachers' Disciplinary (England) Regulations 2012 is an appeal by way of rehearing. The question is whether the decision…

An inquisitorial examination for a development consent order must remain fair and transparent. Where an examining authority reaches adverse conclusions on a…

On a statutory challenge to a planning decision, the court must not substitute its own planning judgment for that of the decision-maker. It must examine…

A planning condition may regulate the consequences of operational development even where it restricts an existing lawful use. The condition must serve a…

Urgent interim relief should be granted only where the statutory and welfare-related preconditions for the substantive relief have been addressed. Where…

On a section 49 appeal from the Solicitors Disciplinary Tribunal, the High Court reviews rather than re-hears the case. It may intervene where the tribunal’s…

Whether a child is looked after depends on the local authority’s statutory duties and its actual conduct, not on informal labels or the absence of internal…

An interim order restricting a doctor’s practice may be extended under section 41A of the Medical Act 1983 where the extension is necessary for the protection…

Permission to seek judicial review may be granted where individual maladministration arguably delays determination of an immigration application until after a…

An interim order of suspension may be extended for a substantial period where the statutory test is satisfied and the investigation is unusually complex. The…