High Court: Administrative Court judgments, 2015

When reviewing an immediate suspension imposed by a professional disciplinary committee, the court asks whether the committee was wrong. It should not…

An application to discharge a vexatious litigant order should be brought before a Divisional Court on notice to the Attorney General. At the permission stage…

An appeal may be dismissed where a forthcoming tribunal hearing will determine the conditions or restrictions that are the subject of the appeal, leaving no…

When a life prisoner is transferred to England and Wales, the foreign review date is not necessarily equivalent to an English minimum term. The court must…

An appellate court reviewing a fitness-to-practise determination should respect the tribunal’s assessment of witnesses and intervene only where the decision…

When a magistrates’ court orders costs under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992, it must have sufficient…

In determining an application affecting a listed building, the planning authority must give considerable importance and weight to preserving the building, its…

Procedural fairness does not require an oral hearing for every decision affecting prison conditions. The need for an oral hearing depends on the function of…

A public authority creates a legitimate expectation only where its representation is sufficiently clear and unqualified, and reliance on it is reasonable. An…

In an interim commissioning exercise, NHS commissioners must comply with the requirements of transparency, proportionality and equal treatment under the…

For the purposes of the Pensions Act 2008, a peripatetic worker ordinarily works in Great Britain where the worker is based there for work purposes. The…

For dual criminality, conduct may occur in a requesting territory even where some acts took place elsewhere, provided their intended effect was to cause harm…

The duty under section 3(1) of the National Health Service (Wales) Act 2006 requires the responsible authority to make a properly informed judgment about…

On an extradition appeal, the High Court applies a stringent review standard. An appellate court asks whether the extradition judge made the wrong decision…

A foreign judgment for a definite sum which is final and conclusive is enforceable at common law, subject to limited exceptions including fraud, denial of…

A decision whether to grant a residence permit to a person already accepted as a victim of trafficking is a consequential decision, distinct from the primary…

On an appeal under section 106 of the Extradition Act 2003, the High Court may consider a new assurance only if the statutory conditions for allowing an appeal…

An appellate court reviewing a professional disciplinary sentence may intervene where the tribunal erred in law, fact or principle, or exceeded the generous…

A statutory appeal scheme will ordinarily be the proper route for challenging an HMRC decision covered by that scheme. The First-tier Tribunal may consider…

On an appeal in extradition proceedings, the appellate question on proportionality is whether the district judge made the wrong decision. Findings of fact must…

Where a private prosecution had no realistic prospect of success, persistence in pursuing it may amount to an unnecessary or improper act or omission…

Judicial review of prosecutorial decisions must be exercised sparingly. The court should be particularly circumspect when reviewing the prosecutor’s assessment…

Children’s needs assessments must lead to a realistic plan identifying the services required, responsibility, timing and review arrangements. Once needs have…

The Criminal Cases Review Commission’s decision whether to refer a conviction to the Court of Appeal is a judgment entrusted to the Commission. Judicial review…

Where a planning authority grants permission after a negative screening opinion, a later conclusive screening direction by the Secretary of State may…

A court should not generally review a deportation decision where the claimant has a statutory right of appeal, even if certification means that the appeal may…

A refugee’s entitlement to a travel document under the Geneva Convention on Refugees and the Qualification Directive may be withheld where sufficiently serious…

The management of a public demonstration may engage Articles 10 and 11 where restrictions substantially affect its place, manner or form. Any interference must…

Costs are governed by the general rule that the unsuccessful party pays the successful party, subject to the court’s discretion under Civil Procedure Rules…

Under Planning and Compulsory Purchase Act 2004, s 38(6), a planning authority must first decide whether a proposal accords with the development plan read as a…

The statutory necessity test for arrest to facilitate investigation has two stages. The officer must actually believe that arrest is necessary for a specified…

A conviction European arrest warrant must contain sufficient particulars of the circumstances of the offence to permit consideration of any mandatory or…

A magistrates’ court has power to conduct extradition proceedings and make a surrender order in the requested person’s absence. The power should be exercised…

An appeal under section 288 of the Town and Country Planning Act 1990 is not an opportunity to reargue planning merits. The court may intervene where the…

Under the Environmental Liability Directive, “damage” means a measurable adverse change in a natural resource or a measurable impairment of a natural resource…

On an application to extend an interim professional suspension, the court must consider all relevant evidence and be satisfied, on the balance of…

When deciding whether to extend an interim suspension order in professional disciplinary proceedings, the court must assess whether extension is justified for…

A planning obligation may lawfully support permission for a composite development where its benefits have a real connection with the development as a whole.…

For the purposes of Coroners Act 1988, section 13(1)(b), an inquest or investigation has not been “held” until the relevant inquest has been completed. An…

Liability to forfeiture under section 170B(2) of the Customs and Excise Management Act 1979 does not require a prior criminal conviction under section 170B(1).…

A fresh claim decision is unlawful where the Secretary of State states the correct test but materially misunderstands the nature and relevance of new expert…

A vexatious litigant order should be varied or discharged only where entirely new circumstances, ordinarily including a material change in the applicant’s…

Paragraph 11.13 of Code C applies to relevant comments made outside a formal police interview. The duty is not confined to incriminating comments and may…

Certification as clearly unfounded is lawful where the Secretary of State concludes that the human-rights claim would be bound to fail before a tribunal. In…

In an Aarhus Convention judicial review claim, the fixed costs regime applies even where an unusual issue arises after permission has been granted. The court…

A simple caution may be quashed on judicial review only in an exceptional case, normally involving a clear breach of the applicable caution guidelines. Police…

Where an online immigration application is submitted before a change to the Immigration Rules, the transitional provisions apply by reference to the date of…

The Hardial Singh principles apply to detention pending deportation, including detention under the mandatory provisions in paragraph 2(1) of Schedule 3 to the…

The duty under Children Act 1989, section 22C(5), is to place a looked-after child in the most appropriate type of placement falling within section 22C(6)…

Under the Animals (Scientific Procedures) Act 1986, a decision-maker need not await the final form of an inspectors’ report before acting on licence breaches…

For the purposes of Paragraph 353 of the Immigration Rules, the Secretary of State must apply the two-stage fresh-claim test and then assess whether the…

A statutory appeal from a professional disciplinary decision is a rehearing, but not a complete reconsideration of the merits. The appellate court may…

A public body’s policy is not irrational merely because it produces adverse effects or may be imperfect. Where policy is developed through consultation…

For a Part 2 extradition request under section 84(1) of the Extradition Act 2003, the court must identify the essence of the alleged conduct, determine whether…

Permission for judicial review should be refused where the proposed challenge is unarguable on the merits. Judicial review is not an appeal against an…

When assessing whether substantial harm to a designated heritage asset is justified under paragraph 133 of the National Planning Policy Framework, viability is…

Where executive misconduct is said to taint detention after conviction, the court must first determine whether the abuse-of-process jurisdiction extends to…

An appeal from a professional regulatory sanction is a rehearing on whether the decision was wrong or unjust because of serious procedural irregularity. The…

On an appeal by review against a professional disciplinary sanction, the court must respect the specialist tribunal’s assessment of sanction, particularly…

For an application under section 288 of the Town & Country Planning Act 1990, a person will ordinarily be aggrieved where they made objections or…

Judicial review of prosecutorial decisions is subject to a very high threshold. The court will intervene only on narrow grounds, including unlawful policy…

An appellate court hearing an appeal under section 29 of the Extradition Act 2003 has a binary function. It may allow or dismiss the appeal and, if allowing…

At the permission stage, a notice of enquiry under section 12 AC of the Taxes Management Act 1970 need not adopt formal wording. A letter clearly informing the…

A policy supplementing an unlawful eligibility condition may use a bright-line residence rule, even though some applicants with strong UK connections fall on…

A prosecution policy concerning encouraging or assisting suicide may lawfully identify public-interest factors without decriminalising conduct. The assessment…

Planning judicial review claims must be brought promptly. A claimant cannot ordinarily await another person’s successful challenge before attacking a similar…

In an accusation European Arrest Warrant case, the proportionality bar in section 21A(1)(b) of the Extradition Act 2003 operates separately from human-rights…

For mutual legal assistance, the court issuing a domestic search warrant must have reasonable grounds to believe that the conduct alleged abroad would…

A public authority’s duty to make reasonable adjustments is anticipatory. Where a provision, criterion or practice places disabled persons at a substantial…

A public authority’s duty to make reasonable adjustments requires a fact-sensitive assessment of the provision, criterion or practice, the substantial…

The statutory trigger for a jury inquest is a low-threshold, objective test. A coroner must summon a jury where there is sufficient material to give reason to…

The statutory discretion to refuse naturalisation under the British Nationality Act 1981 is a limited safeguard for unforeseen circumstances. It cannot be used…

Damages under section 8 of the Human Right Act 1998 are discretionary and are not awarded as of right. The court must decide whether damages are necessary to…

Section 113 of the Magistrates' Courts Act 1980 gives a convicted person an entitlement to apply to the magistrates’ court for bail pending an appeal to the…

On a challenge to a planning decision, an inspector must take account of material considerations, but need not accept that they outweigh development-plan…

Planning policies are not out-of-date merely because they pre-date the National Planning Policy Framework. Under paragraph 215, the decision-maker must assess…

Section 70A of the Town and Country Planning Act 1990 permits a local planning authority to decline to determine a later application where the statutory…

The Secretary of State owes prisoners serving indeterminate sentences for public protection a public law duty to provide the systems and resources needed to…

Challenges to the validity of search warrants belong in the High Court, but that jurisdiction does not necessarily prevent the Crown Court from considering an…

Certificates under section 192 of the Town and Country Planning Act 1990 and section 26H of the Planning (Listed Buildings and Conservation Areas) Act 1990 may…

When determining the effect of development on heritage assets, a decision-maker must have sufficient information to assess each asset’s significance, the…

On a statutory appeal against an interim suspension order, the court must assess whether the professional tribunal’s decision was wrong or affected by serious…

A benefit-cap scheme may lawfully use a bright-line rule, and hardship in individual cases does not itself establish irrationality or disproportionality.…

On an appeal under sections 8 and 18 of the Public Health Act 1925, the magistrates’ court is not the primary decision-maker and must respect the local…

State religious education must respect religious and philosophical convictions from a standpoint of neutrality and impartiality. The state may give greater…

Where separate extradition appeals raise the same proportionality and Article 8 issues, the appellate court may assess the matters together and take all…

The issue and renewal of a British passport are distinct from the grant or withdrawal of citizenship. A passport is issued under the Royal prerogative and may…

Under the Housing Act 1985, section 105, a local authority which publishes detailed consultation arrangements must follow them and consider representations…

An appeal from a fitness to practise decision is a rehearing, but the court must respect the specialist tribunal’s evaluation of primary facts and professional…

At the initial fitness-to-practise stage, the question is whether the allegation, if proved, is capable of supporting a finding of impaired fitness to…

Where an immigration decision has been superseded by a lawful fresh decision, challenges directed solely to the earlier decision may no longer support a public…

On a statutory appeal against a professional disciplinary sanction, the court conducts a re-hearing but may interfere only where the decision was wrong or…

Judicial review proceedings become academic where the claimant has obtained the relief sought and no properly arguable basis exists for amending the claim. The…

A planning authority is not required to treat a building as a non-designated heritage asset unless it has identified it as such. It must nevertheless consider…

Where the statutory conditions for a football banning order are proved, the court must impose the order defined by the Football Spectators Act 1989. The…

For the strict liability rule under Contempt of Court Act 1981, the court assesses at publication whether the material created more than a remote or minimal…

Where the Secretary of State agrees to reconsider a decision challenged by judicial review, the existing proceedings should normally be brought to an end. A…

Under the Cart regime, permission requires an arguable case with a reasonable prospect of showing that both the First-tier Tribunal decision and the Upper…

In a planning decision, a policy is a material consideration only if it is relevant to the planning issue being determined. The court decides relevance; the…

Section 2 of the Offender Management Act 2007 imposes a general responsibility to ensure sufficient probation provision, not a duty to provide particular…

Natural England must apply the statutory and Directive-based licensing scheme consistently and for its intended purpose. It may scrutinise an unusual…

A criminal trial court does not determine whether the prosecutor’s decision to prosecute was proportionate under articles 10 and 11 of the European Convention…

Judicial review of a student-complaints review body requires a cautious approach. The court asks whether the decision was one which no reasonable…

A corrupt election practice involving spiritual injury requires proof, to the criminal standard, that the respondent or an agent acting on the respondent’s…

Article 53 of Regulation (EC) 1107/2009 is a strictly construed derogation from the ordinary authorisation regime. Whether special circumstances exist, whether…

A professional regulator must process complaints responsibly, reasonably and rationally, but does not thereby owe the regulated person a common law duty of…

HMRC may depart from published tax guidance, but must first consider the taxpayer’s legitimate expectation and all relevant aspects of unfairness. The primary…

On an appeal by way of case stated, the High Court is confined to the four corners of the stated case. It cannot be supplemented by evidence or notes from the…

A local authority must assess eligible care needs and decide how to meet them within a reasonable period. The legislation does not impose a fixed deadline…

Statutory review of experimental traffic orders is concerned with legality, not the merits of the traffic strategy. The statutory procedure did not require…

In an extradition appeal raising an article 3 issue, the appellate court may stay proceedings to permit the issue to be properly developed at first instance…

A council tax reduction scheme may distinguish between working-age claimants and pensioners where that distinction is required by primary legislation. A scheme…

For statutory compensation following a quashed conviction, fresh evidence qualifies as a Category 2 miscarriage of justice only where it undermines the…

A local authority’s decision to close libraries conditionally does not amount to an operative closure decision if the stated conditions are not fulfilled.…

A published detention policy may qualify a statutory power of detention. Failure to comply with such a policy, without good reason, can make detention…

The power to order a fresh inquest under section 13 of the Coroners Act 1988 is broad, but it is directed to defects affecting the integrity of the inquest or…

When deciding where to provide asylum support accommodation, the Secretary of State must treat the child’s best interests as a primary consideration and must…

A planning decision may be quashed where the decision-maker fails to understand or take into account a material change in planning policy. An interim policy…

Habeas corpus is inappropriate where the respondent neither detains the claimant nor has the means to produce or release him. Any complaint about the legality…

Before the 2013 amendment, the statutory power to award inter-party costs in compulsory purchase order proceedings arose only where a public local inquiry was…

A magistrates’ court cannot impose the six-month limitation period in section 127 of the Magistrates’ Courts Act 1980 on an indictable offence merely because…

A complaint about judicial misconduct concerns the alleged misconduct itself, not the wider litigation in which it occurred. A continuing state of affairs does…

For the purposes of the Coroners and Justice Act 2009, “state detention” requires confinement imposed by a public authority which overrides the individual’s…

A challenge to the adequacy of reasons will not succeed where the court considers that there is no realistic prospect of establishing an error of law.…

A planning decision is lawful where the decision-maker evaluates the proposal against the development plan as a whole, even though a specific policy…

Policy CP13 required a two-stage assessment: an established general need for traveller pitches and a site-specific need for the proposed site to be located…

For a fresh asylum claim under paragraph 353 of the Immigration Rules, the question is whether there is a real, rather than fanciful, prospect that a fresh…

In a conviction-based extradition case, the warrant need only provide sufficient particulars of the conviction to enable the statutory requirements to be…

In a planning inquiry, procedural fairness requires a participant to know the case to be met and to have a reasonable opportunity to adduce evidence and make…

Professional disciplinary charges must give the practitioner reasonable clarity about the case to meet and enough information to prepare a defence. A stay is…

Whether an article is an offensive weapon is generally a question of fact. The statutory definition creates three categories: articles made for causing injury…

For the purposes of the six-month limit in section 127(1) of the Magistrates' Courts Act 1980, seizure of an animal under section 18(5) of the Animal Welfare…

For the Green Belt and Metropolitan Open Land exceptions in paragraph 89 of the National Planning Policy Framework, “the one it replaces” and “the existing…

Under section 13 of the Coroners Act 1988, the court has a wide power to quash an inquest verdict and order a fresh investigation where this is necessary or…

The Ombudsman may investigate a complaint about injustice arising from clinical care, including the actions of more than one practitioner, if the complaint can…

A consultation on changes to a statutory library service is lawful if, read with earlier material, it gives consultees a fair opportunity to propose affordable…

Apparent bias is determined by asking whether a fair-minded and properly informed observer, having considered all relevant circumstances, would conclude that…

In professional disciplinary proceedings, a sanctioning panel must evaluate all material mitigation before deciding whether suspension is insufficient. Where…

In an extradition appeal under section 26 of the Extradition Act 2003, delay is a relevant factor but does not by itself make extradition disproportionate. The…

The common-law principles governing immigration detention require the court to assess all the circumstances. Detention must serve the purpose of deportation…

Under section 6 of the Justice and Security Act 2013, a closed material declaration may be made where sensitive material would otherwise have to be disclosed…

Under section 90(3) of the Police Act 1996, lawful purpose requires a positive lawful purpose for possessing articles of police uniform. The concept is not…

The Treaty on European Union does not confer a right for EU citizens to vote in national parliamentary elections. The national parliamentary franchise remains…

For compensation under section 133 of the Criminal Justice Act 1988, the Secretary of State must apply the Category 2 test in R (Adams) v Secretary of State…

European Arrest Warrants must accurately identify the offence charged. A requesting authority cannot select a list entry describing a materially more serious…

Disciplinary tribunals must give adequate and intelligible reasons which engage with the parties’ principal contentions and explain, in broad terms, why the…

A national court should ordinarily refer an EU-law validity challenge to the CJEU where there is a credible arguable case and the CJEU has exclusive competence…

When deciding whether to adjourn a criminal trial, magistrates must balance the defendant’s ability to present the defence against the public interest in…

When magistrates determine whether a person is a trader, their reasons must identify the principal contentious issues and explain how those issues were…

In an extradition appeal involving family life under Article 8 ECHR, the court must assess proportionality by weighing the interference with the individual and…

For the purposes of section 11 of the Private Hire Vehicles (London) Act 1998, a taximeter is a device designed to calculate the fare, not merely to record or…

An adjournment may be granted where late legal representation has materially reformulated a judicial review claim and further factual clarification is needed…

Permission to apply for judicial review should be granted where arguable issues arise concerning the exclusion of prospective members of the public from a…

In a challenge to a decision under Town and Country Planning Act 1990, the court must determine the proper construction of a planning permission as a matter of…

The meaning of a statutory or charter term depends on its text, purpose and relevant legal and factual context. Repealed provisions may assist in identifying…

In determining entitlement to British citizenship by descent, the court must decide the relevant factual questions on the evidence and apply the statutory…

An application to reopen a refusal of permission to appeal is subject to the requirement that there be no alternative effective remedy and that reopening be…

When enforcing a confiscation order, a magistrates’ court must apply the statutory test for committal to prison. It must be satisfied both that default…

A criminal appeal may be heard in the appellant’s absence where the court exercises its discretion fairly and reasonably, having regard to the appellant’s…

In deciding whether extradition is disproportionate under Article 8, the court must weigh the strong public interest in extradition against the requested…

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

A tariff reduction may be recommended only where there is clear evidence of exceptional and unforeseen progress. Excellent progress following maturation does…

A tariff reduction requires exceptional and unforeseen progress or new information casting doubt on the appropriateness of the existing tariff. Failure to…

A tariff for a mandatory life sentence should be reduced only where the prisoner has made progress that is exceptional and unforeseen. Ordinary maturation and…

Where development causes substantial harm to designated heritage assets, paragraph 133 of the National Planning Policy Framework requires the decision-maker to…

Immigration applications are generally decided under the rules and policy in force when the decision is made, unless a transitional provision provides…

Decisions of the Crown Prosecution Service are amenable to judicial review, but intervention is justified only in very rare cases. Under the Victims’ Right to…

An inspector determining a planning appeal must identify significant issues which may affect the outcome and give the parties a reasonable opportunity to…

When deciding interim relief in a public law challenge to an advance payment notice, the court must assess the merits with particular care where Parliament has…

On an Article 8 extradition appeal, the appellate court must reassess the proportionality balance where fresh evidence is admitted. It should consider the…

In an extradition appeal, delay is assessed from the facts giving rise to the request, ordinarily the alleged offence, until the request or extradition…

In an extradition appeal engaging Article 8, the court must assess proportionality on the evidence actually before it. Serious effects on an appellant’s family…

A planning policy may operate both as a positive presumption in favour of permission and as a framework for assessing other proposals on their merits. A…

Under Extradition Act 2003, section 12A, the requested person must first establish reasonable grounds for believing that the relevant decision to charge or try…

An extradition bar based on passage of time requires the requested person to show that extradition would be unjust or oppressive by reason of the delay. A…

An extradition appeal under section 20 of the Extradition Act 2003 requires proof to the criminal standard that the requested person deliberately absented…

In local planning decision-making, a councillor is not automatically disqualified merely because a body of which the councillor is a director may later benefit…

A statutory power to grant immigration bail, read with the power to detain pending deportation, may authorise onerous conditions including a curfew. Such a…

A court should avoid making a conditional and uncertain mandatory order where the underlying family-residence question remains for the Family Court. Where…

A Crown Court hearing a statutory appeal may make an order for costs before determining the appeal where the applicable costs rule imposes no requirement to…

Certification of a human-rights claim as clearly unfounded requires a stringent assessment. The Secretary of State must consider whether there is any…

In extradition proceedings, the court must assess whether there is a real risk that the requested person will undergo the impugned detention process and…

In a planning decision, the decision-maker must take account of material considerations, but need only address the main or principal important controversial…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, rationality, relevant considerations and procedural…

A challenge under section 288 of the Town & Country Planning Act 1990 is not a further appeal on the planning merits. The court asks whether the inspector…

On an application for bail following arrest under a conviction warrant, the seriousness of the offending and the presumption against bail must be weighed…

The policy governing detainees with serious mental illness requires a purposive, pragmatic and fact-sensitive assessment. Diagnosis alone is insufficient. The…

A statutory period expressed as 28 days “beginning with” the day of service includes that day. An appeal received after the resulting deadline is out of time.…

The article 5.4-analogous duty owed to an indeterminate-sentence prisoner is assessed by examining the overall period and process leading to the next parole…

Gateway decisions on whether a person is a victim of trafficking require rigorous scrutiny, particularly where fundamental rights are engaged. The competent…

Assessments under the Overseas Security and Justice Assistance Human Rights Guidance are reviewable, although the court must exercise particular caution where…

On an appeal from a specialist disciplinary tribunal, the appellate court should respect the tribunal’s factual assessment and choice of sanction, but must…

An environmental statement may satisfy the statutory precondition even though it contains inaccuracies, omissions or insufficient detail. Such deficiencies…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, not the planning merits. An inspector’s decision letter…

Permission to judicially review delegated NHS charging regulations should be refused where the proposed grounds are not arguable. A consultation need identify…

An interim suspension order may be extended where continuation is necessary for public protection. The court should consider the seriousness of the underlying…

Under section 188 of the Housing Act 1996, the existence of the interim duty continues until the authority notifies the applicant of its decision under Part…

In assessing a project under Conservation of Habitats and Species Regulations 2010, a competent authority may take proposed mitigation and adaptive management…

Under section 21A of the Extradition Act 2003, proportionality is a separate bar from human-rights compatibility. The court must consider only the seriousness…

Immigration detention remains lawful where there is a realistic prospect of removal within a reasonable period, the authorities have acted with reasonable…

Article 6 requires prisoners to have a reasonable opportunity to present their cases without substantial disadvantage, but it does not ordinarily require…

A misconduct panel deciding whether to proceed in an officer’s absence must exercise its discretion by conducting a fair balancing exercise. Where unchallenged…

Under section 12A of the Extradition Act 2003, a requested person challenging extradition must first show reasonable grounds for believing that a decision to…

Extradition may be resisted under article 5 of the European Convention on Human Rights only where evidence demonstrates a real risk that the receiving state…

Certification of a fresh protection claim under section 94 is lawful only where the claim must clearly fail. The Secretary of State must consider the totality…

In a Dublin transfer case, the presumption that another member state will comply with its international obligations is rebuttable. A claimant need not…

A criminal appeal court has a discretion whether to adjourn when an appellant cannot attend. It must balance fairness to the defence and prosecution and…

An inquest is an inquisitorial investigation, not adversarial civil or criminal litigation. Fairness must therefore be assessed in that procedural setting.…

A planning officer’s report must fairly and sufficiently draw the committee’s attention to the legal approach and material considerations relevant to the…

For dual criminality in extradition proceedings, the court examines the conduct alleged in the warrant, rather than descriptive background. Conduct consisting…

For the purposes of a statutory charge under section 10(7) of the Access to Justice Act 1999, property may be treated as preserved through a compromise or…

For an offence of wilfully obstructing a constable, the constable must be acting in good faith in pursuit of a proper policing purpose. The conduct must be…

A planning decision-maker must address the principal factual findings and planning judgments bearing on whether an alternative site can meet an identified…

An appeal from a Fitness to Practise Panel is a rehearing, but the court must respect the expertise of a specialist professional tribunal and its assessment of…

A legitimate expectation based on tax information requires a representation that is clear and certain. This requirement applies whether the information is…

When deciding whether to extend an interim regulatory suspension order, the court must assess the statutory criteria and balance the relevant competing…

Under section 80(9) of the Housing Act 2004, a local housing authority must take reasonable steps to consult persons likely to be affected by a selective…

Permission to appeal under section 289 of the Town and Country Planning Act 1990 should be granted where the proposed grounds disclose arguable points of law…

For the purposes of Extradition Act 2003, section 20(3), deliberate absence from trial depends on whether the requested person knowingly and deliberately…

Compensation for a miscarriage of justice is not payable merely because a conviction was quashed as unsafe, a retrial was abandoned, or a prosecution no longer…

Whether an operation is waste recovery depends on the statutory substitution test in article 3(15) of the Waste Framework Directive. The court must consider…

A housing allocation scheme may use a residence requirement to regulate qualification for social housing. It must, however, preserve the statutory requirement…

A foreign conviction for terrorist conduct may qualify as a corresponding foreign offence even where the conduct occurred in the United Kingdom and was not…

A full planning permission must be construed according to its true scope, having regard where appropriate to the approved plans, the application, the factual…

In a planning appeal, an inspector may rely substantially on uncontested expert evidence, but must exercise an independent planning judgment on the issues…

In judicial review of planning permission, a condition cannot permit material changes to the scale or impact of development outside the statutory planning…

Planning and licensing regimes are distinct, even where they address overlapping concerns such as noise and public nuisance. A planning inspector may lawfully…

In a planning challenge engaging Article 8, a child’s best interests must be treated as a primary consideration. That status is an important starting point…

A challenge under section 23 of the Acquisition of Land Act 1981 is confined to public law error. The court does not reconsider the merits of a compulsory…

Regulation 13(5) of the Merchant Shipping (Maritime Labour Convention) Survey and Certification) Regulations 2013 is engaged only where the seafarer has made a…

A Criminal Behaviour Order may be made where, after the criminal-behaviour gateway is satisfied, the court evaluates that the order will help prevent further…

A neighbourhood development plan may be made before an up-to-date local plan has been adopted. It must be in general conformity with the strategic policies in…

National Green Belt policy in the NPPF establishes closed categories of development that is not inappropriate. A local plan policy may support the reasonable…

In extradition proceedings, an objection that an accusation warrant gives an unfair, improper or inaccurate account of the alleged conduct is properly treated…

Permission was granted for a judicial review challenge to the lawfulness of rule 13 of the First-tier Tribunal (Immigration and Asylum Chamber) Rules. The rule…

A court exercising judicial review does not decide which medical treatment is clinically appropriate or order a clinician to provide treatment contrary to…

A public authority alerted to a substantial risk that unlawful activity may occur at an event may investigate the concern and warn the premises operator. It…

Partner payment notices under the Finance Act 2014 may lawfully require disputed tax to be paid on account before the underlying tax appeal is resolved. The…

A competent authority may form a non-binding view on whether a product falls within the regulatory definition of a food for special medical purposes where the…

A scheme regulation is intra vires where it adds a sufficient description to the statutory power, even though the description is broad and leaves operational…

National planning policy may guide local planning authorities, but it cannot lawfully create blanket exemptions that override adopted local plan policies.…

A local authority’s appropriation of land under Local Government Act 1972, section 122, cannot be inferred merely from management or use of the land. The…

Where a public authority exercises a regulatory function, costs do not ordinarily follow the event when proceedings are withdrawn or dismissed. The default…

A planning condition must be construed by asking what a reasonable reader would understand, having regard to its wording, context and stated purpose. It cannot…

When determining school-closure proposals under the School Standards and Organisation (Wales) Act 2013 and the School Organisation Code, a local authority must…

A regulatory tribunal with an inquisitorial function may ask questions to clarify evidence and assess credibility. The propriety of its interventions is…

On an application to strike out contempt proceedings, the court must not conduct a trial of the merits. Evidence that is presently incomplete, hearsay, or open…

Under rule 4(5) of the General Medical Council (Fitness to Practise) Rules 2004, the five-year threshold is an objective question of precedent or…

A professional disciplinary panel may admit hearsay evidence where its procedural rules confer a broad discretion, but the evidence should ordinarily be called…

Judicial review of a decision to revoke a Tier 2 sponsor licence is not an appeal on the facts. The Secretary of State is the primary fact-finder, and a…

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

Where a professional regulator seeks an urgent extension of an interim restriction, the court must ensure that the respondent receives a genuine opportunity to…

A planning decision-maker may lawfully conclude that a scheme provides the maximum reasonable amount of affordable housing through an overall viability…

Where a coroner considers an invasive post-mortem despite a sincere religious objection, the decision engages the qualified right to manifest religion under…

A housing authority must conscientiously investigate and evaluate the information relevant to an applicant’s possible vulnerability and priority need. Mere…

A challenge to a decision on a ground (a) enforcement notice appeal lies under section 289 of the Town and Country Planning Act 1990, not section 288, where…

Public bodies must distinguish clearly between legal requirements and ethical or good-practice obligations. Where breach of a requirement carries criminal or…

A prison policy restricting material sent by family or friends is unlawful only if it operates without any genuine discretion to make exceptions. Security and…

Under the habitats regime, the central question is whether the competent authority can ascertain, on the available evidence, that a project will not adversely…

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

A fact-finding tribunal may reach reliable conclusions on the decisive issues despite contradictory or confusing evidence about peripheral matters. A…

A criminal appeal may proceed despite the absence of a witness whom the defendant wished to cross-examine where sufficient evidence remains and the court has…

Where a claimant succeeds overall but fails on substantial issues, the court may make an issues-based costs order. It should consider all the circumstances…

A planning officer’s report must be read fairly and as a whole. Judicial review is justified where its overall effect significantly misleads the planning…

Article 3(4) of Council Directive 2000/78/EC permits a Member State to disapply the Directive in relation to age discrimination in the armed forces through an…

An interim order remains binding until it is terminated or revoked. A person cannot disregard it because they believe it was wrongly made, or because it is…

Judicial review of a decision not to prosecute, investigate further, or take specified investigative steps is available only in wholly exceptional…

In extradition proceedings under section 21A of the Extradition Act 2003, proportionality requires an overall evaluative judgment based on the statutory…

Legal-aid providers must assess financial eligibility consistently with the statutory scheme and applicable guidance. “Satisfactory evidence” is evidence…

Saved local-plan policies remain part of the development plan even when housing policies are out of date because the local planning authority cannot…

A charging methodology may differentiate between classes of electricity generators where they are not in comparable positions, or where a material and relevant…

Retention of personal information by a public authority engages Article 8 and must be justified. The assessment begins by identifying the purposes for which…

For dual criminality, the court must identify the essential conduct alleged in the extradition request and ask whether that conduct would constitute an offence…

Where legislation gives an affected person a right to make oral representations and provides for a hearing involving evidence, the hearing must be conducted by…

A statutory challenge to a development plan document under Planning and Compulsory Purchase Act 2004, section 113, engages conventional public law principles.…

Dishonesty by a solicitor will ordinarily result in striking off. A suspension may be appropriate only within the small residual category of cases involving…

Failure of the sequential or impact test does not create an irrebuttable presumption against planning permission. The decision-maker must weigh any conflict…

On review of further submissions under paragraph 353 of the Immigration Rules, the court examines whether the Secretary of State’s decision was irrational or…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, the decision-maker must determine whether a proposal accords with the development plan as…

Regulation 29 of the Immigration (European Economic Area) Regulations 2006 suspends removal only where the appeal concerns admission or removal. It does not…

A judicial review claim is premature where the claimant seeks a ruling on the lawfulness of an immigration authority’s position before the related outstanding…

A coroner investigating a death overseas must make all reasonable efforts to obtain sufficient relevant evidence, particularly where the death occurred in…

A professional regulator is not required to align its guidance with a prosecutor’s policy on assisted suicide. A prosecutorial policy does not alter the…

In examining a local plan, the inspector must determine both legal compliance and soundness. A conclusion that a sustainability appraisal is reliable may, read…

Where a specific enactment permits an appeal to the Court of Appeal with permission from either the High Court or the Court of Appeal, that power is not…

A general regime requiring communications data to be retained is not, by itself, incompatible with EU law. It must, however, be accompanied by clear and…

Judicial review of a Tier 2 sponsor-licence revocation requires respect for the Secretary of State’s primary judgment, subject to ordinary supervisory…

A quashing order may be limited to prospective effect where the court considers that retrospective invalidity would affect persons who were not represented and…

When deciding whether local police information should be included in an enhanced criminal record certificate, the chief officer must assess both its relevance…

A grant of British citizenship is a nullity only within the narrow category of cases involving fraudulent impersonation, rather than every false statement or…

Under section 35(5) of the Extradition Act 2003, an extradition judge must order discharge unless the requesting state shows reasonable cause for failing to…

A representation order does not confer an unrestricted right to change criminal legal representatives. Under regulation 14 of the Criminal Legal Aid…

Exceptional case funding under Legal Aid, Sentencing and Punishment of Offenders Act 2012 must be assessed by reference to the statutory test, not an assumed…

Rural exception site policies permit affordable housing on sites that would not normally be released for housing, but only to meet the needs of the relevant…

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

A national court should refer questions to the CJEU where their answers are necessary to determine the claim, the facts are sufficiently defined, and the…

Under article 8ZA(4) of the Immigration (Leave to Enter and Remain) Order 2000, deemed service is available only where the decision-maker was entitled to…

Under section 20(3) of the Extradition Act 2003, the judicial authority must prove to the criminal standard that the requested person deliberately absented…

In a disputed age-assessment case, the court must determine the person’s chronological age as a precedent fact on the balance of probabilities. Neither party…

A planning policy must be interpreted objectively from its language and context. Where a development plan allocates a site for a particular use, matters of…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, not the planning merits. A development plan must be…

When deciding whether to extend an interim suspension order affecting a registered nurse, the court must assess the gravity of the allegations, the risk of…

Suitability for release and suitability for transfer to open prison conditions require different legal tests. Release involves a threshold assessment. Transfer…

A full objectively assessed need for housing is assessed before the application of planning policy constraints. It may include evidence-based adjustments for…

A planning committee may depart from an earlier appeal decision, but must identify it as a material consideration, engage with its reasoning and explain the…

Existing lawful planning use is not lost merely because works improve or enhance the activity. A new chapter in planning history arises only where the change…

Where cogent evidence establishes a real risk that extradition will expose a person to prison conditions contrary to Article 3, the burden shifts to the…

In professional disciplinary proceedings, a committee may admit evidence only subject to relevance and fairness. Knowledge that an earlier investigation took…

On an appeal from a professional disciplinary tribunal, the court may examine factual findings as well as legal issues, but the appeal is not a rehearing. The…

The territorial reach of the Equality Act 2010 depends on statutory construction and the connection between the employment relationship and Great Britain.…

A statutory disclosure scheme may use bright-line categories where individual assessment would be impractical, uncertain or unfair. Parliament may require…

A local authority does not exercise its statutory powers merely by failing to object to a private family arrangement for a child’s care. Whether a child…

A sponsor-licence revocation decision must address the material representations and proposed remedial measures made by the sponsor. A decision-maker cannot…

On a statutory appeal from a professional disciplinary decision, the reviewing court should give substantial weight to the specialist panel’s assessment of…

A professional regulator may require candidates to pass specified assessments before progressing to professional training, provided the requirements are…

In an extradition case based on convictions already obtained, the requested person must establish on the balance of probabilities that the trial and appeal…

For a certification under section 94 of the Nationality, Immigration and Asylum Act 2002, a claim is not clearly unfounded if there is at least one legitimate…

In a planning appeal, procedural fairness requires an inspector to alert the parties before relying materially on an issue which they reasonably understood was…

In assessing five-year housing land supply, the housing requirement must reflect the full objectively assessed need for housing, leaving aside policy choices.…

On a prosecution for using a vehicle without insurance, proving that the defendant drove on a road ordinarily shifts the burden of showing that an insurance…

An application for judicial review challenging search warrants must be brought promptly. The three-month outer limit does not displace the separate requirement…

An application under Town and Country Planning Act 1990, section 288, is confined to errors of law. Questions of fact and planning judgment belong to the…

EU food-safety legislation does not confer a right to appeal against an official veterinarian’s expert decision that meat is unfit for human consumption or…

Where judicial review proceedings are settled with only partial success, the court retains a discretion to make a partial or fractional costs order. The…

An appeal from a professional disciplinary tribunal is by way of rehearing. The court asks whether the tribunal’s decision was wrong, while giving appropriate…

Where an appeal fails, the general position is that costs follow the event. The court retains a discretion under CPR 44.2 to make a different order after…

A local planning authority must comply with the statutory duty to notify English Heritage of an application affecting the setting of a listed building. A…

Secondary legislation restricting criminal legal aid is lawful where it falls within the statutory purpose and the decision-maker has had particular regard to…

In a challenge to a planning inspector’s decision, the development plan must be read as a whole, with attention to its strategic objectives and the policies…

Under section 21A of the Extradition Act 2003, the court must consider separately whether extradition is compatible with Convention rights and whether it is…

A protective costs order may in principle be available in a challenge to a terrorism-related designation where the defendant relies on closed material and the…

A local authority assessing community care needs must act transparently and intelligibly. It must assess current needs, provide an appropriate support plan…

Where the state owes a Convention duty to investigate alleged unlawful killing or ill-treatment, the investigation must be effective and prompt.…

Immigration detention must remain connected to a realistic prospect of removal and must last no longer than a reasonable period. Earlier detention cannot be…

In extradition proceedings, the requesting state must prove on the balance of probabilities that the person before the court is the person whose extradition is…

Chapter 55.10 of the Enforcement Instructions and Guidance does not prohibit detention merely because a person has a serious mental illness. The question is…

A warrant under regulation 22 of the Consumer Protection from Unfair Trading Regulations 2008 requires the justice to address the statutory conditions in two…

Under section 26(5) of the Extradition Act 2003, the High Court may entertain a late extradition appeal only where the appellant proves, on the balance of…

A common account concerns property actually received by a fiduciary and how it has been dealt with. A claim that property should have been received requires an…

Alternative service may be authorised where conventional attempts have failed and further attempts appear unlikely to succeed. The court may retrospectively…

Efficient case management and avoidance of delay are subordinate to the overriding requirement of justice. Magistrates may take a robust approach to…

A judge should exercise extreme caution before making a conclusive finding of fraud or dishonesty against a person who has not had a proper opportunity to…

Discretionary leave for a trafficking victim pursuing civil compensation is not automatic. The decision-maker must apply the relevant policy criteria…

A housing allocation scheme must give reasonable preference to statutorily defined priority groups in the allocation of social housing. An authority may…

Ministers who determine planning matters may be lobbied by constituency MPs, including through informal parliamentary encounters. Such lobbying is not unlawful…

A Member State may introduce a narrowly defined private-copying exception under Article 5(2)(b) of the Copyright Directive without a compensation scheme where…

A TPIM must satisfy proportionality requirements, even where the Secretary of State has broad institutional advantages in assessing terrorist risk. Article 3…

A Competent Authority deciding whether a person is a victim of human trafficking must follow its published guidance. A conclusive grounds decision is made on…

At the reasonable-grounds stage of trafficking identification, the question is whether the evidence gives a reasonable observer grounds to suspect that the…

Judicial review is concerned with the public law decision identified in the claim, and cannot ordinarily be used to introduce an unpleaded private law claim…

Under Class A of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, the “enlarged part” means the development…

For the statutory defence to an offence under section 172(3) of the Road Traffic Act 1988, the defendant must show, on the balance of probabilities, both that…

A conviction European Arrest Warrant need not state the precise date of conviction or sentence if it contains sufficient particulars to enable the requested…

Judicial review of a County Court decision is available for an error of law only in a highly exceptional and very narrow category of case. The Administrative…

Section 33A of the Planning and Compulsory Purchase Act 2004 imposes a duty to engage constructively, actively and on an ongoing basis on strategic…

A Tier 4 sponsor must be accredited to offer a course leading to an approved qualification when the course is offered. Later accreditation does not cure the…

A Special Direction permitting export of gametes may modify requirements in General Directions, but it must advance, rather than undermine, the statutory…

In a planning appeal conducted by written representations, fairness may require an inspector to invite further submissions where a new issue is material to the…

Procedural rules may create an expedited regime for a defined class of appeals, but only where cases can be dealt with fairly. Under Tribunals, Courts and…

In a challenge to a planning appeal decision, the court confirmed that housing supply must be assessed against the adopted housing requirement and the relevant…

Schedule 3 to the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 does not apply to claims founded on the Charter of Fundamental Rights. Its…

The Secretary of State may adopt a policy governing the exercise of the discretionary power to disclose vehicle-keeper data where an applicant must show…

Where an application under the Immigration Rules fails, the decision-maker must still address any free-standing Article 8 claim. A separate full…

A Grampian condition is not governed by a mandatory rule that planning permission must be granted unless there is no prospect of the condition being fulfilled.…

Public swimming-pool lifeguards must exercise reasonable professional skill and care to protect users. This includes identifying children who may be at risk…

Specialty is a fundamental principle of extradition, but a requested person bears a heavy burden in alleging breach where extradition operates between trusted…

A primary carer of a British citizen may have a derivative right of residence where the child would be unable to reside in the United Kingdom or another EEA…

An application to reopen a judicial review judgment under CPR 39.3 requires prompt action, a good reason for non-attendance and a reasonable prospect of…

Immigration detention of a foreign national offender recommended for deportation is initially authorised by Schedule 3 to the Immigration Act 1971, but remains…

In an extradition appeal engaging Article 8 rights, the existence of a partner and children does not by itself make extradition disproportionate. The court…

When deciding whether a minor satisfies the good-character requirement for discretionary registration as a British citizen, the Secretary of State must assess…

Section 133 of the Criminal Justice Act 1988, as amended, does not require an applicant to prove innocence in a general sense. The relevant question is whether…

A migrant admitted to the Highly Skilled Migrant Programme was entitled to have settlement considered under the scheme’s terms when he joined it. Later…

Police bail may lawfully continue where an investigation remains ongoing and there is a rational basis for compelling attendance at the police station, even…

In assessing proportionality under section 21A of the Extradition Act 2003, judicial guidelines are a floor rather than a ceiling. The court retains an…

A public authority operating a statutory benefits scheme must determine applications within a reasonable time. The assessment is contextual. It includes the…

A planning permission must be construed as a whole, including its conditions and the reasons for them. A reasonable reader may understand permission to…

The conditions governing Tier 2 sponsorship are conditions of participation. A sponsor cannot complain that it is required to comply with the applicable…

Under section 2 of the Jamaica Independence Act 1962, a person born in Jamaica who became a Jamaican citizen on the appointed day ceased to be a Citizen of the…

Under the Points Based System, specified documentary requirements are substantive conditions of the application. The Secretary of State may assess defects…

Permission for a Cart judicial review requires an important point of principle or practice, or another compelling reason. A compelling reason is legally…

On an appeal against an enforcement notice under ground (f), the merits of an alternative step cannot be considered where there is no ground (a) appeal and the…

An application for judicial review brought substantially out of time should not be extended where the delay is inadequately explained, the claimant contributed…

A prisoner serving an indeterminate sentence must be given a reasonable opportunity to demonstrate reduced risk, but that duty does not make completion of a…

Clinical negligence is assessed by the standard applicable to the doctor’s role and level of responsibility at the material time. A doctor may reasonably base…

A decision-maker determining whether a person is a victim of trafficking must engage with material evidence identified as potentially important by the…

Under paragraph 353 of the Immigration Rules, further asylum or human rights representations must be assessed with the earlier material. The question is…

A local authority’s policy may constitute indirect discrimination where it places a protected group at a particular disadvantage compared with others. The…

In an age-assessment challenge, the court must determine age as a question of fact on the balance of probabilities, without imposing a legal burden of proof.…

Judicial review claims must be brought promptly and, in any event, within the applicable statutory period. Continued correspondence or a party’s hope that the…

Under section 14 of the Extradition Act 2003, delay is not oppressive where the requested person contributed to the failure to resolve proceedings and the…

Where VAT has been invoiced in error, the ordinary mechanism is repayment by the supplier, followed by reimbursement to the customer. Where recovery from the…

A court’s jurisdiction to make a wasted-costs order under Prosecution of Offences Act 1985, section 19 and the associated regulations, must be exercised during…

When varying bail, the court must assess the risk of flight and whether the proposed security provides genuine reassurance. A substantial security condition…

In extradition proceedings, the family impact of surrender must be balanced against the public interest in honouring extradition obligations. Family life…

Where an error of law has been established in a planning decision, the court retains a discretion as to the appropriate remedy. In exceptional circumstances, a…

Under section 15(6)(b) of the Police and Criminal Evidence Act 1984, a search warrant must identify the articles sought so far as practicable in the…

In youth-court allocation cases involving offences within the Powers of Criminal Courts (Sentencing) Act 2000, the court must apply the statutory requirement…

In assessing immigration detention, the court must determine for itself whether the statutory and Hardial Singh limits are satisfied. The Secretary of State…

The police have a common-law power to disclose relevant information to appropriate parties for legitimate policing or public-protection purposes. Such…

A defendant has a fundamental right to be present at and participate in a criminal trial. That right is not absolute. The court may exclude a defendant where…

In a police misconduct decision, reasons must address the substantial issues, identify the conclusions reached on principal controversies and enable the reader…

Professional disciplinary proceedings should ordinarily be determined by the specialist tribunal established for that purpose. A decision to commence such…

On an appeal from a professional disciplinary tribunal, the court applies the appellate threshold of wrongness, giving appropriate respect to the tribunal’s…

Legal representatives seeking without-notice interim relief in immigration proceedings owe a strict duty of candour. They must disclose all material facts…

Where a public authority consults on a discretionary service change, fairness is context-specific. The authority must explain the proposal and why it is under…

The Parole Board must comply with mandatory directions governing the transfer of indeterminate sentence prisoners to open conditions. Its reasons must show…

A magistrates’ court order may be challenged only by appeal to the Crown Court or by case stated to the Divisional Court. Habeas corpus cannot be used as a…

In a Part 2 extradition case, the prima facie case requirement is concerned with whether admissible evidence could require an answer at trial. The extradition…

An ombudsman investigating maladministration does not act as a surrogate court and ordinarily has no duty to determine questions of law. Maladministration and…

In an extradition appeal, delay caused by a requested person’s deliberate evasion cannot ordinarily support an oppression challenge under section 14. A person…

On an enforcement appeal under the Town and Country Planning Act 1990, an inspector cannot use a ground (f) appeal to require unauthorised development to…

A sponsor-licence decision must be read fairly, with common sense and in its policy context. It need not reproduce the exact words of the governing guidance. A…

On a referral under National Health Service Reform and Health Care Professions Act 2002, the court must decide whether the disciplinary decision was wrong…

Proceedings commenced by a person subject to a civil proceedings order, without first obtaining the leave required by Senior Courts Act 1981, are a nullity.…

On an appeal under section 21 of the Extradition Act, the appellate court asks whether the district judge’s proportionality decision was wrong. Article 8 does…

An appellate court considering an extradition decision may intervene where the lower court applied the wrong principles, made material factual findings…

Section 12A of the Extradition Act 2003 creates a two-stage inquiry. The requested person must first show reasonable grounds for believing both that no…

On an appeal against an extradition order, proportionality under Article 8 is reviewed rather than determined afresh. The appeal succeeds only if the lower…

Under section 345(5) of the Proceeds of Crime Act 2002, the default period for compliance with a production order is seven days. A shorter period, including…

An arrest under section 24 of the Police and Criminal Evidence Act 1984 is assessed by reference to the facts known or information given to the arresting…

A statutory fee requirement will not be ultra vires merely because it temporarily prevents a destitute child from exercising an entitlement to registration as…

In extradition proceedings, Article 8 requires the court to balance interference with private and family life against the constant and weighty public interest…

Under Regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992, magistrates may award only costs actually incurred, reasonably…

A planning committee must be properly informed of the material factors requiring evaluation before exercising its planning judgment. An officers’ report must…

Under section 13(a) of the Extradition Act 2003, the requested person must establish a causal link between the issue of the European arrest warrant and the…

An application under section 73 of the Town and Country Planning Act 1990 seeks a new planning permission, although the original permission remains capable of…

Professional disciplinary sanctions are primarily protective and regulatory, rather than punitive. The need to protect public confidence in the profession may…

In a non-lifestyle confiscation case, the amount of the confiscation order is not reduced merely because property originally treated as realisable later proves…

In an extradition case involving Article 8 rights, the court must balance interference with private and family life against the public interest in extradition.…

On a review under sections 2C or 2D of the Special Immigration Appeals Commission Act 1997, the Secretary of State must disclose under Rule 10B of the Special…

Where a local planning authority cannot demonstrate a five-year housing land supply, paragraph 49 of the National Planning Policy Framework applies to relevant…

In an Article 8 private-life claim, a decision-maker must consider whether the applicant’s contribution to the community is relevant to the proportionality…

Section 81(4)(a) of the Housing Act 2004 imposes a mandatory duty on a local housing authority to consider other available courses of action that might…

A statutory time limit for challenging a development consent order is a jurisdictional limit. Where section 118 of the Planning Act 2008 requires a claim to be…

Immigration detention must be authorised by the statutory power applicable to the detainee. A mistaken reliance on an inapplicable power renders the detention…

Where immigration applications remain undecided for an exceptional period because of maladministration, the decision-maker must consider the complete…

Once an application for forfeiture of detained cash has been made under Proceeds of Crime Act 2002, the magistrates’ court has no power to release any of the…

An appellate court reviewing an extradition decision on proportionality should dismiss the appeal where the lower court’s conclusion was the only possible…

Under section 14 of the Extradition Act 2003, the passage-of-time bar requires injustice or oppression caused by the delay. A fugitive from justice will…

When a public-law decision is quashed, the court has a broad discretion to remit the matter to the original or a newly appointed decision-maker. Remittal is…

The High Court has no jurisdiction under section 29(3) of the Senior Courts Act 1981 to judicially review Crown Court orders in matters relating to trial on…

Refusal to renew a British passport may be unlawful where the original passport was issued after investigation and the Secretary of State cannot provide…

In extradition cases engaging Art. 8, the court must make a fact-specific proportionality assessment between the rights of the requested person and dependent…

In extradition proceedings, interference with family and private life under Article 8 must be balanced against the substantial public interest in extradition.…

A sponsor licence may be revoked where the Secretary of State has reasonable grounds to suspect that the sponsor may breach immigration-control requirements or…

On an appeal under section 27 of the Extradition Act 2003, the High Court reviews, rather than rehears, the District Judge’s evaluative decision on Article 8…

Permission for judicial review should be granted where the papers disclose an arguable ground that merits full investigation at an oral hearing. The permission…

A local authority’s community-care assessment must engage with the claimant’s actual medical and support needs and give appropriate weight to relevant expert…

The expression “any person who publishes” in section 39(2) of the Children and Young Persons Act 1933 is not confined to the commercial publisher of a…

An extradition warrant complies with section 2(6) of the Extradition Act 2003 where, read as a whole, it gives sufficient particulars to identify the convicted…

A human-rights claim is clearly unfounded only where it is so clearly without substance that an appeal would be bound to fail. In assessing a proposed return…

For an offence under Police Act 1996, section 89(2), the prosecution must prove that the defendant wilfully obstructed a constable while the constable was…

Judicial review is ordinarily inappropriate where an applicant has a statutory appeal, including an out-of-country appeal, capable of determining the disputed…

In a challenge under Town and Country Planning Act 1990 section 288, the court may correct errors of law but cannot reconsider planning merits. Traveller…

An appeal from a professional disciplinary decision is a rehearing, but the court will interfere only where persuaded that the tribunal’s decision was wrong.…

A compulsory purchase order may be confirmed even though planning permission for the promoted scheme has been refused. The order is not necessarily tied to a…

Objectively assessed housing need cannot, without more, constitute exceptional circumstances justifying alteration of Green Belt boundaries. The decision-maker…

Where a compensation scheme provides that awards are assessed on the basis of common law damages, the phrase may require broad equivalence with the outcome of…

In reviewing the revocation of a Tier 2 sponsorship licence, the court’s role is supervisory. The court must assess legality, procedural fairness and…

When setting usual costs for publicly funded residential care, a local authority must have due regard to the actual costs of care but need not adopt a…

A birth registration scheme may require a person who biologically fathered a child before changing gender to remain recorded as the child’s “father”. That…

Hardship resulting from extradition does not, by itself, establish oppression under section 14 of the Extradition Act 2003. The court must assess the overall…

Legal representatives conducting judicial review proceedings owe a paramount duty to the court. The court may use its inherent jurisdiction to address serious…

An enforcement notice directed at an unauthorised material change of use may require removal of operational development which is integral to that use, even…

A duty to have regard to religious admissions guidance requires an admission authority to consider and engage with the guidance. It may depart from it, but…

A local authority may impose parking charges to manage demand, reduce traffic and emissions, and address related transport problems. The authority must not use…

Relief from sanctions is governed by the three-stage approach in Denton v TH White Ltd: assess the seriousness and significance of the breach, identify why it…

The primary duty to assess whether a homeless child is a child in need falls on the local authority in whose area the child is physically present, even where…

A fitness to practise panel may receive further evidence after circulating an embargoed draft of its factual findings, provided the findings have not yet been…

A dwelling is not removed from the council tax valuation list merely because it is vacant, in poor repair, or uneconomic to repair. The relevant question is…

In an extradition appeal based on article 8, the public interest in extradition carries substantial weight. It will ordinarily outweigh interference with…

A public authority may defer deciding an application for indefinite leave to remain while related tribunal proceedings determine facts or legal issues…

Under the National Planning Policy Framework, a building for agriculture falls within the paragraph 89 exception to inappropriate Green Belt development…

An interim suspension order may be extended where the applicant proves, on the balance of probabilities, that continuation remains justified for public…

Detention for removal is lawful only where removal has a reasonable prospect of occurring within a reasonable period. A residence card evidences an EEA right…

A planning decision-maker must consider a potentially material change occurring before the decision is issued. A matter is material if it is relevant and…

A policy governing transfer of indeterminate-sentence prisoners to open conditions is unlawful where it conflicts with continuing statutory directions stating…

Under Highways Act 1980, 20 years’ public use as of right raises a presumption of dedication unless there is sufficient evidence of an objective intention not…

Membership of a particular social group based on sexual orientation is not excluded by past heterosexual relationships, marriage or children. Sexuality or…

Under section 38(6) of the Planning and Compulsory Purchase Act 2004, a decision-maker must determine whether a proposal accords with the development plan as a…

Whether works constitute permitted enlargement or the replacement of a dwelling-house is a question of fact and degree. Permitted development rights depend on…

A very late challenge to a conviction following a guilty plea is not determined solely by the apparent strength of the proposed defence. The court must assess…

In extradition proceedings, dual criminality may be established by a straightforward conversion of measurements used in the requesting state, provided the…

The supplied text contains only the judgment cover sheet. It provides no substantive legal reasoning or holding.

Administrative detention pending removal must remain reasonable in all the circumstances. The court must consider the length and conditions of detention, its…

Under section 29 of the National Health Service Reform and Health Care Professions Act 2002, a sanction is not unduly lenient merely because it is lenient or…

For a fresh claim, new material must be significantly different and create a realistic, rather than fanciful, prospect of success before an immigration judge.…

A Tier 4 sponsor must exercise rigorous and continuing vigilance when assessing students, monitoring compliance and assigning Confirmations of Acceptance for…

When considering an application to extend an interim regulatory order, the court applies the same criteria as for the original order: protection of the public…

A local authority may take disability living allowance care component into account when assessing discretionary housing payments, but it must genuinely…

After a planning committee has resolved to grant permission, a later matter requires reconsideration only if it is a material planning consideration and the…

A disciplinary tribunal may proceed in a solicitor’s absence, but it must exercise that discretion with the utmost care and consider each adjournment…

Under the Health and Social Work Profession Order 2001, an allegation means the facts and matters alleged to impair a registrant’s fitness to practise, rather…

Article 4 of the European Convention on Human Rights requires the authorities to initiate a prompt and effective investigation once credible suspicions of…

The court may proceed in a regulatory application in the respondent’s absence where the respondent knows of the proceedings and is voluntarily absent. An…

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

A trafficking victim’s refusal of discretionary leave is unlawful where the decision-maker fails to consider material expert evidence about psychological…

A planning policy must be interpreted objectively, by reading its language in its proper context, while recognising that a development plan is not a statute or…

The Strategic Environmental Assessment Directive requires assessment of the preferred plan and every alternative which the decision-maker rationally considers…

A planning decision is unlawful where an officer’s report significantly misleads the committee about a material matter which remains uncorrected. Alternative…

Statutory standards are not legally uncertain merely because they are expressed in broad terms and accompanied by non-exhaustive examples. The relevant…

At the permission stage of judicial review, complaints of procedural unfairness, apparent bias and inadequate reasons are arguable where the decision-maker…

In judicial review proceedings concerning immigration refusal, a later lawful reconsideration decision may be considered by the court when determining the…

In a professional disciplinary appeal, dishonesty must be established on the balance of probabilities by evidence sufficient to outweigh the inherent…

The Commons Registration Act 1965 was intended to create a conclusive register of common land and rights of common. Rights not registered within the statutory…

In reviewing an interim order imposed by a professional regulator, the court exercises an original jurisdiction. It must consider the evidence and arguments…

A European Arrest Warrant is ineffective where it omits information required by the Extradition Act 2003 or the Framework Decision, even if the omission might…

Judicial review of an additional HMO licensing designation requires a claimant to show sufficient interest, but not necessarily a direct personal interest. A…

Under section 91C(2) of the Sexual Offences Act 2003, the offender bears the burden of satisfying the chief officer that continued notification is no longer…

In judicial review proceedings, the general civil litigation rule applies: costs ordinarily follow the event. A claimant who obtains the principal relief is…

Section 2(4)(c) of the Extradition Act 2003 requires a European Arrest Warrant to state the time and place of the alleged offence only to the extent that those…

In an appeal against an extradition order, the requested-state court principally reviews whether the lower court’s decision was wrong. In an accusation…

In extradition proceedings, a person who deliberately absented himself from criminal proceedings cannot rely on the absence of a retrial assurance where the…

For naturalisation, the applicant must satisfy the Secretary of State on the balance of probabilities that he or she is of good character. The requirement may…

On an appeal against a tree replacement notice, the landowner bears the burden of proving the grounds relied on. Where protected woodland has been cleared and…

Judicial review of a county court’s case-management decision is supervisory, not appellate. The Administrative Court must not reassess the merits or intervene…

Judicial review is ordinarily inappropriate where a suitable statutory appeal is available. An out-of-country appeal may provide fair, adequate and…

Policy listing factors that may contribute to very special circumstances does not require every listed factor to be established. Nor does it prescribe the…

Guidance governing the eligibility of educational institutions to obtain a Tier 4 sponsor licence is not necessarily a rule regulating migrants’ entry or stay…

In criminal proceedings, pre-existing Crown Court Rules cease to govern costs where the statutory rule-making power has been replaced by the Criminal Procedure…

On statutory judicial review by the Special Immigration Appeals Commission, closed disclosure must enable the Commission to test the rationality and legality…

The Parole Board must grant an oral hearing whenever procedural fairness requires it, assessed by reference to the facts of the case and the importance of what…

Prisoners have no general right to choose their place of detention. However, detention so far from close family that visits become very difficult or impossible…

Article 1 of the European Convention applies extraterritorially where state agents exercise public powers or physical power and control over an individual. The…

Costs remain a matter for the court’s discretion, although the usual rule is that the successful party receives its costs. An admissible offer to settle must…

An internal appeal against a disciplinary sanction may amount to a full rehearing. The appeal body must make clear findings of fact on the central allegation…

In extradition proceedings engaging Article 8, proportionality requires a fact-sensitive balance between the individual’s private and family life and the…

A decision-maker considering a later planning application must exercise an independent judgment, while giving proper weight to an earlier decision in an…

Age-assessment claims are ordinarily determined by the Upper Tribunal (Immigration and Asylum Chamber), rather than the High Court. The court’s task is to…

Section 12A of the Extradition Act 2003 creates a two-stage bar to extradition under an accusation European arrest warrant. The requested person must first…

In a professional disciplinary appeal, fairness may require a tribunal to proceed in stages where a practitioner withdraws, allowing evidence to be heard but…

An appeal under section 29 of the Dentists Act 1984 is by way of rehearing, but the appellate court should respect specialist factual and sanction decisions. A…

Where a statutory appeal to the First-tier Tribunal provides an adequate route to challenge the reasonableness of HMRC’s decision, the Administrative Court…

In an Article 8 immigration claim involving a child, the Secretary of State must have regard to the child’s welfare and best interests as a primary…

In post-extradition consent proceedings, the passage of time may make further extradition oppressive even where a fair trial would remain possible. The inquiry…

At the interim-order stage, a professional regulator must not determine the truth or credibility of disputed allegations. Its task is to decide whether…

A judicial review claim may be dismissed where the claimant gives clear notice that he no longer wishes to pursue it. The court may then determine the…

The statutory scheme requires health boards to fund the reasonable nursing care which local authorities are prohibited from providing. The relevant question is…

A tariff may be reduced on review only where the prisoner has made exceptional and unforeseen progress during the sentence. Favourable reports and clear…

A tariff reduction may be recommended only where the prisoner has made exceptional and unforeseen progress. Positive engagement with rehabilitation, genuine…

Compensation under section 89 of the Criminal Justice Act 1988 requires serious default by a qualifying officer, loss caused by action concerning the…

A sponsor of overseas students has an independent duty to assess each student’s English ability, intention and ability to follow the proposed course, even…

On a case stated appeal, the High Court may return a case for amendment where it is materially deficient, including following a timely application by an…

A search warrant authorises entry and searching only for the purpose and to the extent stated in the warrant. Officers cannot use a warrant issued under one…

Judicial review of a county court decision is available only in truly exceptional circumstances. The stringent test is confined to narrow pre-Anisminic…

An indemnity costs order requires conduct sufficiently outside the norm to justify departing from the ordinary basis. Criticism of the conduct of a defence is…

Security categorisation and escape-risk classification address different risks: the former concerns the consequences of escape, while the latter concerns the…

Under section 25 of the Extradition Act 2003, extradition will be oppressive because of suicide risk only where the requested person’s mental condition removes…

A challenge under Town and Country Planning Act 1990 section 288 is concerned with legality, not with the merits of an inspector’s planning judgment. The court…

A regulator has a broad discretion to discontinue an investigation. Judicial review is available, but intervention will be confined to highly exceptional…

Section 33(2) of the Land Compensation Act 1973, which restricts home loss payments to caravan dwellers where no suitable alternative site is available on…

When determining a planning application affecting a listed building or its setting, the decision-maker must give special regard to preservation and…

The Criminal Cases Review Commission’s statutory judgment is highly evaluative and is entrusted to the Commission. Judicial review does not involve deciding…

Extradition will ordinarily be proportionate despite interference with family life where, on broadly similar facts, domestic courts would impose an immediate…

The IPCC is not necessarily functus officio after receiving an investigation report. Under section 10(6) of the Police Reform Act 2002, and absent statutory…

On an appeal from a professional disciplinary sanction, the court asks whether the tribunal’s decision was wrong or unjust because of serious procedural or…

A traffic regulation order may be challenged only on statutory vires or procedural grounds; the court must not re-determine the merits or substitute its…

In extradition proceedings under Part 1 of the Extradition Act 2003, the passage of time may make extradition oppressive even where the requested person faces…

When extradition to an EU state raises a real issue concerning prison conditions, a sufficiently reliable and specific assurance may dispel doubts about a real…

Emerging planning policies may be taken into account with weight proportionate to their stage of preparation, unresolved objections and consistency with the…

Self-defence requires an honest belief that defensive action is necessary, assessed on the circumstances as the defendant honestly believed them to be. A…

Self-defence may arise even where the court cannot identify the initial aggressor, or where the defendant may have been the aggressor. The court must focus on…

The Crown is bound by a statute where it is expressly named or where binding it follows by necessary implication. The question is whether the statutory…

Where proposed development affects the setting of a listed building or the character of a conservation area, the consultation trigger is the existence of an…

Judicial review of a removal decision under section 10 is a remedy of last resort where an out-of-country statutory appeal is available. The High Court retains…

Following settlement of judicial review proceedings, the court retains a broad discretion over costs. A claimant who has broadly secured the relief sought will…

In extradition proceedings, interference with private and family life under Article 8 must be balanced against the substantial public interest in returning…

A planning committee may rely on an officer’s report where the report, read fairly and as a whole, enables members to understand the important issues and…

Regulations made under Legal Aid, Sentencing and Punishment of Offenders Act 2012 may regulate when remuneration is paid and may withhold payment for defined…

An interim suspension order may be imposed where the regulatory decision-maker is satisfied that suspension is necessary for the protection of the public…

For the Community Infrastructure Levy demolition deduction, a building must have been in actual lawful use during the prescribed period. It is insufficient…

Where a planning committee resolves in principle to grant permission subject to negotiation, an officer may complete the decision-making process under…

For a statutory period governing the bringing of proceedings, the final date normally remains the final calendar day, including weekends and bank holidays. An…

Local-authority charging policies for non-residential social care must comply with the Secretary of State’s guidance and explain clearly how protected income…

Where material is sensitive because its disclosure would damage national security, the statutory scheme requires the court to give permission for it to be…

For the purposes of section 6 of the Justice and Security Act 2013, whether proceedings are a criminal cause or matter depends on the statutory context and the…

The Secretary of State is generally entitled to assume that a requesting state will provide a fair trial and is not required to assess whether requested…

In extradition cases, proportionality under article 8 requires a fact-sensitive balance between interference with family life, including the primary interests…

For an offence under section 4 of the Public Order Act 1986, conviction may rest on the limb concerned with conduct likely to cause a person to believe that…

Public interest immunity requires the court to balance the public interest in protecting police informants and confidential vetting information against the…

A judicial review court should not determine a challenge to an allegedly invalid immigration application where an adequate statutory appeal is available. A fee…

The requirement under Gender Recognition Act 2004, section 3(3), to provide details of treatment for modifying sexual characteristics is compatible with…

A local plan must first identify the full objectively assessed housing need without applying policy or supply constraints. It must then determine how much of…

On a remitted planning enforcement appeal, an inspector may reconsider an issue that was not finally determined where it remains relevant to the statutory…

A challenge under Town and Country Planning Act 1990 succeeds only where the decision is outside the statutory powers or procedural error has caused serious…

For the statutory oppression bar, hardship must be materially more than ordinary difficulty and must have been caused by the passage of time. A medical…

Under section 14 of the Extradition Act 2003, passage of time bars extradition only where the passage itself causes injustice or oppression. Oppression…

On an appeal under Extradition Act 2003, the High Court reviews, rather than rehearing, the district judge’s Article 8 proportionality decision. Intervention…

An application for a certificate of inadequacy under section 83 of the Criminal Justice Act 1988 concerns the defendant’s realisable property as it exists when…

Under paragraph 49 of the National Planning Policy Framework, “policies for the supply of housing” are policies making provision for housing, not every policy…

On an appeal from a Fitness to Practise Panel, the court must respect findings based on the Panel’s specialist expertise and assessment of live evidence, but…

Article 8 challenges in extradition proceedings are determined individually, by applying the principles established by the Supreme Court. There has been no…

Development plan policies must be construed objectively, sensibly and as a coherent whole. A neighbourhood plan’s housing allocations and limited windfall…

On a statutory appeal from a professional disciplinary tribunal, the court must decide whether the tribunal’s decision was wrong. It must not interfere merely…

The Financial Ombudsman Service determines the facts relevant to its compulsory jurisdiction, subject to traditional judicial review. The court determines the…

Ofcom’s Standards complaints procedure was fair and rational even though the broadcaster, but not the complainant, received the preliminary view and could…

The Article 2 investigative duty is not confined to cases involving evidence of an arguable substantive breach. In recognised categories, including some deaths…

An adjudication is procedurally unfair where the decision-maker obtains material opinion evidence from a witness in the prisoner’s absence and decides the…

A document purporting to grant indefinite leave to remain is ineffective where it was not issued through the proper departmental process, bears no authorised…

Where an application under the Immigration Rules fails, Article 8 must still be considered if there is an arguable case that compelling circumstances exist…

A planning decision-maker may take account of the effect of development on the setting and planned views of a heritage asset even where the asset is…

On a statutory appeal against a professional disciplinary sanction, the court must decide whether the committee’s reasons or decision were wrong. It must not…

An asylum seeker may not be removed while a claim remains pending, including where further submissions have been made and have not been lawfully determined and…

A local planning authority must assess housing needs in its own area, but housing need must be assessed through the relevant housing market area where that…

A conservation area may be designated urgently after a threat to demolish a building, provided the authority applies the statutory test to the area as a whole.…

For Schedule 2 development, an environmental impact assessment is required where the project is likely to have significant environmental effects. An effect…

A statutory compulsory interview regime does not confer, by implication from fairness or the common law, an entitlement to have a solicitor present where the…

A parking adjudicator must give adequate reasons addressing the material representations, evidence and inconsistencies relevant to whether a contravention…

In an extradition appeal raising Article 8 rights, the court will uphold the district judge’s proportionality assessment where the judge made findings open on…

On an appeal concerning extradition and Article 8 rights, the appellate court reviews the lower court’s decision by applying public law principles. It does not…

An appeal against extradition on Article 8 grounds will fail where the appellant advances no argument capable of showing that the lower court’s proportionality…

Delay alone will rarely make extradition unjust or oppressive. The person resisting extradition bears the burden of proving oppression or injustice on the…

An extradition appeal should be dismissed where the appellant accepts that no proper argument can be advanced in support of the pleaded grounds and invites…

On a statutory appeal from a disciplinary tribunal, an appellate court should not interfere with findings of dishonesty where the tribunal applied the correct…

When a public authority voluntarily consults, common-law fairness requires a properly conducted consultation. That does not invariably require consultation on…

Where a public authority makes a discretionary policy judgment involving technical complexity and uncertain predictions, the conventional Wednesbury standard…

A decision fixing the level of asylum support is amenable to judicial review. Where the Secretary of State has reconsidered the level of support following an…

Policy ENV1 required a two-stage assessment of development on unallocated greenfield land outside settlement boundaries. The decision-maker had first to…

In a planning appeal conducted by written representations, procedural fairness requires participants to know the case they must meet and to have a reasonable…

In naturalisation and related immigration applications, the Secretary of State bears the burden of establishing alleged deception. Where an applicant has…

A public authority cannot rely mechanically on available expert evidence. It must consider whether the evidence is credible and reasonably supports the…

In disciplinary proceedings, a tribunal may admit judgments from earlier proceedings where they are reasonably capable of providing relevant background…

The Parole Board’s statutory task under section 28(6) of the Crime (Sentences) Act 1997 is confined to assessing the risk posed by the prisoner’s release. It…

Section 70C of the Town and Country Planning Act 1990 gives a local planning authority a wide discretion to decline a retrospective application where the…

On an appeal from a specialist professional tribunal, the court should respect findings of primary fact, especially those based on live evidence, but may…

A challenge under section 288 of the Town and Country Planning Act 1990 concerns errors of law, not a rehearing of planning merits. An Inspector’s planning…

Changes to a public contract require a new procurement procedure where, assessed against the contract as originally made, they are materially different in…

Detention under an imprisonment for public protection sentence remains compatible with Article 5(1)(a) if the domestic sentence remains lawful, its preventive…

The Secretary of State has a wide discretion to prescribe evidential requirements for Tier 1 (Entrepreneur) applications. Such requirements are unlawful only…

Under section 3(2) of the London Squares Preservation Act 1931, “underground works” means works below the surface of the ground. It does not include an exposed…

On an extradition appeal, a new abuse-of-process argument may be raised where the point could materially affect whether extradition should proceed. The English…

In an extradition appeal, an arrest warrant complies with section 2 where it provides sufficient information for the requested person to understand the…

Particulars of conviction in a European arrest warrant need not always include the date of conviction. The question is whether the warrant, read as a whole and…

In an extradition appeal, passage of time is not oppressive merely because several years have elapsed since the offences. The court must assess the…

Interim relief compelling a Minister to veto an imminent EU sanctions decision is exceptional. The court may review the exercise of the Royal prerogative in…

A national court which cannot itself invalidate an EU measure may refer questions of validity or interpretation to the Court of Justice where answers are…

Removal under the Dublin system is assessed against a rebuttable evidential presumption that the receiving Member State will comply with its obligations under…

Hearsay evidence may be admitted under the preserved res gestae exception where the circumstances show that the maker was emotionally overpowered by the event…

In an appeal from a professional disciplinary decision, the court applied the objective test of whether a fair-minded and informed observer would conclude that…

The statutory exclusion for academic judgement does not protect every decision made by an academic institution. It applies only to the extent that the…

In deciding an application for naturalisation, the Secretary of State exercises a statutory discretion under the British Nationality Act 1981. Admitted…

Immigration officials may require evidence to verify that an applicant satisfies an existing requirement in the Immigration Rules. A request for documents such…

Evidence of a non-defendant’s bad character is admissible only where it satisfies the statutory requirements of substantial probative value and substantial…

A Secretary of State’s policy concerning medico-legal reports from specialist torture foundations applied to further asylum submissions as well as initial…

A local authority’s decision to set its budget and reduce funding is a political decision, but it remains subject to ordinary public-law controls. A common-law…

Where an application under the immigration rules may raise an Article 8 claim based on exceptional circumstances, the Secretary of State must expressly record…

On an appeal against extradition, new evidence engaging Convention rights is not automatically admitted. The appellant must explain why it was not produced…

On a challenge under Town and Country Planning Act 1990, the court may review whether an inspector understood and addressed the principal controversial issues…

Before listing a criminal trial beyond a statutory custody time limit, the court must first address the statutory questions: whether there is good and…

Regulation 122 of the Community Infrastructure Levy Regulations 2010 imposes a statutory, high-threshold restriction on planning obligations. A contribution…

An application by legal representatives to come off the record may be refused where it is made too late. Where the appellant is consequently unable to advance…

In extradition proceedings, interference with an appellant’s family and private life under Article 8 does not necessarily make extradition disproportionate.…

An appeal lodged outside the applicable time limit cannot be entertained where there is no proper basis for extending time. The court therefore has no…

Where an application under the Immigration Rules does not fully address the applicant’s private or family life, the decision-maker must undertake a proper…

Green Belt policy requires a planning decision-maker to identify which parts of a site are previously developed land and to assess openness, inappropriate…

A planning condition must be construed within the planning permission, its conditions and stated reasons, giving the language a common-sense meaning consistent…

An appeal from a professional disciplinary determination may succeed only where the decision was wrong or unjust because of a serious procedural or other…

A conviction European Arrest Warrant remains a conviction warrant despite a guaranteed retrial following involuntary absence from trial. The forum bar applies…

Under paragraph 49 of the National Planning Policy Framework, a policy may be relevant to the supply of housing even though it is expressed as a general…

For a Category 1 extradition, the forum bar under section 19B of the Extradition Act 2003 has a statutory gateway: a substantial measure of the requested…

For the Class B council tax exemption, the applicant must provide evidence addressing each statutory condition. A charitable social housing provider is not…

A welfare-benefit scheme is not unlawful merely because it creates hardship for a small, vulnerable group. Where the scheme pursues a legitimate economic and…

For permanent disablement under regulation A12, the decision-maker must determine whether the officer cannot perform all the ordinary duties of the relevant…

On an appeal from a fitness-to-practise sanction, the High Court may intervene only where the tribunal’s decision was wrong or unjust because of serious…

The statutory exclusion or restriction of recovery from central funds of privately incurred defence costs by acquitted Crown Court defendants is not, without…

A challenge under paragraph 12 of Schedule 15 to the Wildlife and Countryside Act 1981 is confined to errors of law. The court must not retry factual issues or…

Public authorities exercising competition-law powers must comply with public-law fairness and equal-treatment requirements. In settlement negotiations, any…

An extradition appeal must be determined on the European arrest warrant properly before the court. Where the re-issued warrant contains no apparent inaccuracy…

Where an appellant no longer wishes to pursue an extradition appeal, the Administrative Court may approve the withdrawal and dismiss the appeal. The required…

In extradition proceedings, dual criminality must be established from the conduct described in the European arrest warrant. The facts must impel the inference…

An election court’s decision is amenable to judicial review for error of law, including a factual finding unsupported by evidence or not reasonably open on the…

The Civil Aviation Authority and the Secretary of State for Transport retain statutory responsibility for the safety of civil aircraft using a government…

Planning permission need not be refused merely because a different scheme might achieve similar benefits with fewer harmful effects. Under paragraph 64 of the…

Previous planning appeal decisions may be material considerations because consistency supports fairness and public confidence. An inspector remains entitled to…

The ordinary rule is that a later immigration decision is determined by the legal and factual circumstances existing when it is made. That rule may be modified…

In deciding whether very special circumstances clearly outweigh Green Belt and other planning harm, a decision-maker may consider the fact that a site has been…

In extradition cases involving suicide risk, a high threshold must be met before surrender is unjust or oppressive. The court must assess the requested…

For the purposes of Planning (Listed Buildings and Conservation Areas) Act 1990, an “area” has a wide meaning. A single enclosed site containing interrelated…

Section 38(6) does not require a rigid two-stage decision-making process or a prescribed starting point. The essential requirement is that the planning…

A request for extradition under section 70 of the Extradition Act 2003 is valid where, read in its proper international context, it seeks the requested…

Delegated regulations may prescribe evidential conditions for determining eligibility for civil legal aid where the enabling statute confers a wide power…

The word “current” in the Immigration Rules ordinarily means existing and unexpired leave. Where the Rules have that clear meaning, there is no ambiguity…

An inspector determining a planning appeal must address each substantial issue raised by the parties and give intelligible and adequate reasons. Where an…

A Crown Court judge has responsibility for ensuring that proceedings are conducted fairly and without improper interference with the administration of justice.…

An adjournment is a discretionary case-management decision. Appellate intervention is warranted only for recognised errors, such as an error of law or…

A policy or practice of recovering all, or an arbitrary proportion, of planning appeals concerning traveller sites in the Green Belt may amount to indirect…

A prohibition order under Part 4A of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 may be made or continued without disclosure of…

An appellate court will not interfere with a professional disciplinary tribunal’s findings where the tribunal properly considered the evidence and its…

For the purposes of section 20 of the Extradition Act 2003, deliberate absence concerns absence from the specific trial at which the person was required to…

In a planning challenge under Town and Country Planning Act 1990, a previous appeal decision may be a material consideration because consistency in the…

Revocation of a driving licence for a non-prescribed disability requires evidence of a medical or other identifiable physical or mental condition that is…

A regulator applying a domestic code to an information society service established in another Member State must comply with the country-of-origin principle and…

For the purposes of section 20 of the Extradition Act 2003, a criminal trial in a civil-law system may be a continuing process rather than a single hearing. A…

In extradition proceedings, the public interest ordinarily carries great weight, but it must still be balanced proportionately against private and family life…

Statutory immigration appeal rights arise from legislation and cannot be created by the Secretary of State. Fairness does not entitle a person who has allowed…

A local authority’s disposal of land under Local Government Act 1972, section 123, is reviewable on ordinary public law principles where the decision has a…

An indeterminate sentence prisoner must be given a reasonable opportunity to reform and demonstrate that he no longer presents an unacceptable risk to the…

For dual criminality under the Extradition Act, the court applies the conduct test to the conduct described in the warrant, disregarding mere narrative…

An irregularity in failing to notify an interested person of an inquest does not automatically invalidate the proceedings. The claimant must show that the…

The Secretary of State must follow and correctly interpret her published detention policy, subject to the limits imposed by R v the Governor of Durham prison…

“Mixed use” in Class F of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 means a number of uses in the same…

Where a defendant makes a fresh decision which renders the original judicial review challenge largely academic, the court may conclude the existing proceedings…

A judicial review challenging the legality of the blue badge scheme will not succeed merely because an applicant fails to satisfy the statutory mobility…

In extradition proceedings, a requested person alleging an Article 3 risk must establish a real risk of torture or inhuman or degrading treatment by strong and…

A challenge under section 288 of the Town and Country Planning Act 1990 is confined to ordinary public law grounds. The court must decide whether the…

When deciding whether to continue an interim suspension affecting a regulated professional, the court must balance the seriousness of the allegations, the risk…

The planning enforcement provisions concerning planning enforcement orders did not replace the common-law-influenced statutory construction adopted in Welwyn…

On an application for permission to appeal a planning inspector’s decision, permission should be granted where it is arguable that the inspector adopted a…

The duty under section 55 of the Borders, Citizenship and Immigration Act 2009 requires immigration functions to be performed having regard to children’s…

A summary review under the Licensing Act 2003 may be invoked where licensed premises have a relevant connection or link with serious crime or serious disorder.…

Immigration detention of a person suffering from serious mental illness is not unlawful merely because the person is mentally ill. The Secretary of State must…

A housing allocation scheme made under Part 6 of the Housing Act 1996 need not reserve a residual discretion to admit applicants who fail its qualifying…

When assessing harm to a designated heritage asset, a decision-maker must follow the sequential approach in paragraphs 132–134 of the National Planning Policy…

A written indication of an intention to claim asylum does not necessarily constitute a registered asylum claim where the claimant fails to attend the required…