High Court: Administrative Court judgments, 2016

On an appeal against conditional bail in extradition proceedings, the High Court conducts a rehearing, rather than a review of the lower court’s decision. In…

Integrity is a matter for the informed judgment of the tribunal or court on the facts. It should not be given an elaborate definition. Dishonesty and lack of…

For statutory consultation on a proposed combined-authority scheme, “public consultation” is a broad requirement. The consulting authority must make a rational…

In a prior-approval application under Class M of the Town and Country Planning (General Permitted Development) (England) Order 2015, the decision-maker must…

Judicial review of a local authority’s estate-regeneration decision examines legality, not the merits. A broad housing-management discretion gives the…

In a police complaints appeal concerning a Schedule 7 stop, the complainant is entitled to adequate reasons and information about the investigation, but not…

A person subject to a suspended sentence is a fugitive for passage-of-time purposes where he knowingly breaches conditions intended to keep him within reach of…

A parish council is not required to reconsider a principal authority’s decision on an allegation that a parish councillor breached the parish code of conduct.…

For section 85(5) of the Extradition Act 2003, an effective legal entitlement to a retrial may remain subject to procedural steps, including proof that the…

Where the applicable registration guidance requires investigation of a non-consecutive internship, it does not prescribe the outcome of that investigation. The…

In construing a development plan policy, the court must identify the objective meaning of the language used. Supporting or explanatory text may assist that…

For environmental impact assessment purposes, the local planning authority must identify and consider the environmental information reasonably required to…

Whether a motor insurance policy covers a particular activity is ordinarily determined by construing the policy and comparing the activity with the risk…

National planning policy must be interpreted objectively, but its application involves planning judgment. A decision-maker may give a policy no weight, or…

A planning committee’s decision may be unlawful where an officer’s report significantly misleads members about a material matter and the deficiency remains…

Delegation does not remove the duty to give reasons for granting planning permission. Under the Openness of Local Government Bodies Regulations 2014, the…

For extradition purposes, separate European Arrest Warrants are treated as separate warrants where each has been issued as a distinct document by a judicial…

Where a person’s presence remains non-conducive to the public good but removal is prevented by a continuing human-rights barrier, limited leave and conditions…

The suspension of an EU national’s removal pending an appeal prevents removal but does not invalidate the underlying removal decision or its justification. A…

Under the Extradition Act 2003, proportionality requires careful consideration of any realistic less coercive alternative to extradition. An unresolved request…

For the purposes of refreshing memory under Criminal Justice Act 2003, verification is a question of fact. A witness verifies a document where, while the…

On an extradition appeal, the court may consider fresh evidence showing a material change in circumstances since the lower court’s decision. Where that…

A judicial review claim will not proceed where the proposed grounds are unarguable. General reliance on different outcomes in other cases does not establish…

An accusation European Arrest Warrant must contain particulars sufficient to assess the alleged conduct, the requested person’s participation, and the…

A statutory power introduced on a specified date may have limited retrospective application where its wording and purpose support that construction. The…

A person excluded from the Refugee Convention may nevertheless become entitled to indefinite leave to remain where removal is not realistically foreseeable…

When deciding whether to proceed with a criminal trial in the defendant’s absence, the court must distinguish between the defendant’s conduct and the failings…

Res judicata and abuse of process principles apply equally to quasi-judicial disciplinary proceedings. Where two professional bodies regulate the same…

A court determining an appeal concerning alleged advertising consents may decide whether the consents were fraudulently manufactured. It need not require…

Hearsay evidence may be admitted under the preserved common-law res gestae principle where the trial judge can disregard the possibility of concoction or…

An application for permission to seek judicial review should be brought promptly. Time begins when the challenged public procedure or decision is initiated…

A coroner conducting a non-Article 2 inquest must focus on the immediate circumstances and means of death. The determination must be factual, brief and…

Under Children Act 1989, physical presence is both necessary and sufficient to place a child within a local authority’s area for the purposes of section 17. A…

Permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015 must be interpreted as statutory…

In determining whether “very special circumstances” justify inappropriate development in the Green Belt, a planning authority must undertake a planning…

On a statutory planning review, the court reviews legality, not the merits or weight assigned to planning considerations. Previous planning permissions may be…

In assessing reasonable alternatives for an environmental report, the necessary level of detail depends on the circumstances, the plan’s objectives and its…

Search warrants must identify, so far as practicable, the articles sought. Broad references to employment documentation may therefore be unlawful where they…

A debt is not discharged by a debtor’s unilateral promise to pay. Payment requires legal tender or an effective mechanism, such as a cheque drawn on a bank…

The Administrative Court’s jurisdiction to review a county court decision is confined to narrow jurisdictional error, or a serious failure of natural justice…

Section 12A of the Extradition Act 2003 asks whether the requesting territory has made decisions to charge and try, and whether the requested person’s absence…

In challenges to local plans and planning appeal decisions, the court distinguishes the objective interpretation of planning policy from its fact-sensitive…

A failed breath-analysis attempt does not, by itself, require the police to abandon the procedure and obtain blood or urine. A further breath test may be…

Under section 12A of the Extradition Act 2003, the court must identify whether the competent authority has decided to charge and to try the requested person.…

An investigator assessing whether police misconduct proceedings should follow must decide whether a reasonable disciplinary body could find misconduct or gross…

The High Court has jurisdiction to determine a public interest immunity application arising from an inquest where the issue cannot lawfully or practically be…

A compulsory purchase order must be justified by the statutory criteria, proportionate interference with property rights, adequate evidence and proper…

When determining housing need for a planning appeal, an inspector must identify a workable Full Objectively Assessed Need (FOAN) using the best available…

Paragraph 14 of the National Planning Policy Framework provides the principal process for deciding whether the presumption in favour of sustainable development…

A disciplinary appeal under CPR Part 52.11 is a review. The High Court may intervene only where the tribunal’s decision was wrong or unjust because of a…

The High Court has no practical basis for reopening a final extradition appeal after surrender under a European Arrest Warrant. Reopening must be necessary to…

Judicial review of a planning permission involving development in Areas of Outstanding Natural Beauty and conservation areas requires the court to distinguish…

On a statutory challenge to a planning inspector’s decision, the court must not rehear planning merits or substitute its own judgment. It may intervene where…

For dual criminality, the conduct described in an accusation European Arrest Warrant must sufficiently link the requested person with the alleged criminal…

A police or CPS simple caution does not, by itself, bar a subsequent private prosecution. The position differs where the caution contains a positive and…

A statutory consultation duty must be fulfilled before the relevant order is made, but the legislation may permit consultation to occur alongside the process…

An extradition request will amount to a Zakrzewski abuse of process only where the warrant contains particulars that are wrong or misleading, the true position…

Certification under section 96 of the Nationality, Immigration and Asylum Act 2002 requires a structured four-stage assessment: whether the claimant received…

Where limited leave has been varied so that six months or less remains, Immigration (Leave to Enter and Remain) Order 2000, art 13(3) prevents art 13(2) from…

Whether a building is listed is a question of law determined by objectively interpreting the listing entry as a whole. The court may consider the location…

A statutory tribunal conducting a review must review the original decision, not rehear the case or make its own findings as primary fact-finder. Its approach…

Authorities providing after-care under section 117 of the Mental Health Act 1983 cannot refuse provision because the person can pay from personal injury…

Certification of an asylum or human-rights claim as clearly unfounded is lawful only where the claim must fail on every legitimate view of the facts and law. A…

A planning authority may treat a permitted-development alternative as a material fall back consideration where there is a lawful ability to undertake it, a…

Strategic environmental assessment is procedural. An authority must identify, describe and evaluate every realistic alternative capable of meeting the plan’s…

Release from immigration detention makes claims for immediate release and habeas corpus academic. An injunction restraining removal cannot be permanent…

Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 contains a freestanding requirement that proposed works…

National Planning Policy Framework paragraph 22 applies to sites allocated for employment use in development plans. It does not extend to every site intended…

Section 70C of the Town and Country Planning Act 1990 gives a planning authority a discretion, rather than an obligation, to decline a retrospective…

Sex segregation in a mixed school is not automatically direct discrimination. The court must identify less favourable treatment by comparing the relevant…

Planning policies must be interpreted objectively from their language and context. A policy restricting further basement floors may properly distinguish…

Under paragraph 334(i) of the Immigration Rules, the Secretary of State must be satisfied, when deciding an asylum application, that the applicant is then in…

A planning enforcement order may be made where a breach of planning control has been deliberately concealed to any extent and it is just to make the order…

A negative screening opinion under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 must give clearly and precisely the full…

The common-law principle of open justice gives the public a legal right to attend public court hearings and to enter the court building for that purpose. Court…

In an extradition appeal involving Article 8 family-life rights, the correct question is whether the gravity of the interference with family life is justified…

A conviction European Arrest Warrant must contain sufficient particulars of the conviction to identify the offence and permit relevant extradition bars…

Extradition is not barred by a general risk of prison conditions contrary to article 3 where a sufficiently reliable individual assurance dispels that risk.…

Where detention is accepted to be unlawful because required detention reviews were not carried out, substantial damages depend on whether lawful detention…

An appeal against a disciplinary finding must be determined by reviewing whether the decision was wrong or unjust because of a serious procedural irregularity.…

The Crown cannot use prerogative powers to give notice under Article 50 where that notice will alter domestic law or remove statutory rights. The European…

An expert witness does not commit professional misconduct merely by explaining or challenging opinions outside the witness’s own speciality, provided the…

For dual criminality, the relevant question is whether the conduct described in the extradition request would constitute an offence in the United Kingdom if it…

Article 23 of Directive 2008/50/EC imposes a narrow and greatly constrained discretion when an air quality plan is required. The Secretary of State must aim…

Under Allotments Act 1925, section 8, the Secretary of State has a broad discretion to consent to the appropriation of allotment land once adequate alternative…

On a housing appeal, an Inspector must make a judgment, on the evidence available, about the current full objectively assessed need for housing or housing…

Personal mitigation must be considered in police disciplinary proceedings, but its weight is limited where gross misconduct threatens public confidence in, or…

A sponsor-licence revocation decision is lawful where the sponsor has fair notice of the concern, a proper opportunity to respond, and the Secretary of State…

A consultation proposal does not bind the decision-maker to implement it unchanged. Reconsultation is required only where a subsequent change is so fundamental…

When deciding whether to waive a time limit for reopening or challenging an old criminal injuries compensation decision, the tribunal must consider all…

On a statutory challenge to a planning inspector’s decision, the court asks whether the decision is lawful, not whether it agrees with the planning merits. An…

A local authority’s assessment under Part III of the Children Act 1989 requires evaluative social-work judgment, but the decision must be based on adequate…

In deciding whether a neighbourhood plan may proceed to referendum, the local planning authority must determine whether it is satisfied that the statutory…

When a person makes a further homelessness application, the local housing authority may refuse to treat it as an application under Part VII only where it is…

Use of paths may contribute to establishing a town or village green where, viewed objectively, it would appear to a reasonable landowner to be recreational use…

Where the realistic sanction choices are suspension or striking off, a professional disciplinary panel must evaluate all relevant mitigation when considering…

Where extradition engages the Article 8 rights of a dependent child, the child’s welfare must be treated as a primary consideration. The court must have…

In extradition proceedings, the court must have sufficient reliable evidence to conduct a fair Article 8 proportionality assessment, including proper…

In a planning challenge, the weight assigned to relevant considerations is ordinarily for the planning decision-maker, not the reviewing court. Where national…

Extradition is barred on Convention grounds only where the proposed removal creates a real risk of a flagrant breach of the relevant right. A requesting…

The statutory asylum-support scheme must, viewed as a whole, meet the objective minimum required by the Reception Directive. It must secure human dignity…

Under section 53 of the Planning Act 2008, the Secretary of State must first be satisfied that the statutory requirements for entry onto land are met, but…

In a planning decision, the development plan remains the statutory starting point, even where the local authority has announced an intended change of policy.…

Under article 6(3) of the Habitats Directive and regulation 61 of the Conservation of Habitats and Species Regulations 2010, consent may be granted only where…

For the extended limitation period under section 31 of the Animal Welfare Act 2006, the prosecutor is the body responsible for deciding whether to prosecute…

In judicial review of a planning decision, an authority’s report and reasons must be read pragmatically and as a whole. The court should not treat them as…

A Tier 2 sponsor licence is a conditional privilege, not a fundamental right. The Secretary of State may revoke it where mandatory grounds are established and…

Under the Civil Jurisdiction and Judgments Act 1982, a United Kingdom-wide public body may be sued in any relevant part of the United Kingdom where the…

In preparing a neighbourhood plan, the authority must assess reasonable alternatives under the strategic environmental assessment regime on an accurate and…

An appeal under regulation 17 of the Teachers’ Disciplinary (England) Regulations 2012 is by way of rehearing. The court must reach its own view, while…

Although costs ordinarily follow the event, a court may depart from that rule where an otherwise successful party pursued a distinct issue which failed and…

An order extending time to pay costs is ordinarily concerned with the period required for payment, not with reopening the costs decision or postponing it…

On a statutory appeal from a professional disciplinary panel, the High Court retains full jurisdiction to correct material errors of fact or law and to assess…

Judicial review of an investigator’s decision to continue a good-faith investigation into suspected serious criminality faces a very high threshold.…

An alternative potential future use of land may be a material planning consideration under section 70(2) of the Town and Country Planning Act 1990. Its…

A statutory time limit for challenging a planning decision is strict and cannot be extended by judicial discretion. Where making the application requires the…

A victims’ right-of-review scheme may define the decisions falling within its scope. The right to review a decision not to prosecute is not an unlimited…

Judicial review remains a remedy of last resort where Parliament has provided an adequate statutory appeal. Permission to apply for judicial review does not…

A local authority may set a budget and indicative medium-term financial plan without thereby determining the precise form of future services. The executive…

On an application to extend an interim suspension order, the court applies the same statutory criteria as on the original application. The regulator must…

The common-law duty of procedural fairness may require an oral hearing in a prisoner security-category review. The question is whether fairness requires one in…

In a Cart application, an error in assessing an offender’s conduct is material only if it affects the determination. A tribunal must not enlarge or reappraise…

In an extradition appeal engaging Article 8, delay attributable to the requested person is not excluded from the balancing exercise, but it carries less weight…

For an accusation European Arrest Warrant, the warrant must be read as a whole and in a cosmopolitan sense. It must indicate unequivocally that surrender is…

A landscape need not be designated to qualify as a valued landscape under paragraph 109 of the National Planning Policy Framework. The relevant question is…

A claim for judicial review becomes academic where the challenged decisions and policies have been superseded, the claimants have obtained the practical relief…

On an application to terminate an interim suspension imposed by a medical tribunal, the court may intervene only if the tribunal’s order was wrong, while…

A professional regulator may dismiss complaints where, after investigating the available evidence, it reasonably concludes that there is insufficient evidence…

A ministerial decision must be construed objectively, by its language and proper context. A public authority’s policy or decision must be sufficiently clear to…

The general disclosure powers conferred on coroners by Schedule 5 to the Coroners and Justice Act 2009 do not override the specific statutory and European…

The immigration detention policy concerning persons for whom there is independent evidence of torture has a precautionary scope. It applies where the torture…

A statutory appeal is out of time unless, within the statutory period, the appellant has paid the required fee or established entitlement to fee exemption.…

A judicial review claim must be brought promptly. Delay may justify refusing permission where it causes material prejudice, even if the underlying grounds are…

In extradition, the strong and continuing public interest in returning a requested person to face trial for serious offending will ordinarily prevail under…

A planning decision may be quashed for a material mistake of fact where the mistake creates an objectively unfair decision-making process. The relevant fact…

Planning decisions do not engage the consistency principle merely because they concern nearby sites or similar policies. The earlier decision must present a…

In determining an application for a lawful development certificate, the planning authority must identify the lawful use and the land to which it relates by…

The expression “members of a police force” in section 10(2)(b) of the Public Service Pensions Act 2013 has its statutory meaning. Read with section 5 and…

A Parole Board panel reviewing the recall of a determinate sentence prisoner must apply the public protection test: continued confinement is justified only…

The lawfulness of immigration detention depends on whether, at each material stage, there was a sufficient prospect of removal within a reasonable period. The…

A local authority’s duty under section 123 of the Local Government Act 1972 is an outcome duty to obtain the best consideration reasonably obtainable. The…

A statutory direction requiring a regulator to set charges so that they reflect full market value may prescribe a specific outcome, leaving no discretion to…

Costs following a successful statutory appeal are governed by the court’s broad discretion. The general rule that the unsuccessful party pays the successful…

The Secretary of State’s detention decisions were unlawful because they contained material factual errors, but the claimant would probably have remained…

For a misconduct investigation, the question is whether the evidence is sufficient for a reasonable misconduct meeting or hearing, properly directed, to find…

A tariff imposed on a person detained during Her Majesty’s Pleasure may be reduced where there is exceptional and unforeseen progress, serious prejudice to…

A tariff imposed on a person detained during Her Majesty’s Pleasure is provisional and may be reduced on review. The relevant question is whether there has…

Judicial review controls the lawfulness of decisions by public authorities, including courts and tribunals. It is not a substitute for an appeal and does not…

A public authority is not generally required to consult on a policy decision that it does not propose to make. A consultation concerning resettlement and…

A certificate of entitlement to a right of abode confirms, but does not confer, the underlying right. The right arises only where the statutory criteria in…

For the purposes of section 12A of the Extradition Act 2003, a decision to charge or try need not be formal, final or irrevocable. The court must adopt a…

A regulator that permits an inspected body to challenge draft factual findings must operate that process fairly. Where an adverse finding is demonstrably…

For the statutory exemption preserving mechanically propelled vehicle rights, an application to modify a definitive map must comply strictly with paragraph 1…

A decision-maker may consult and decide on an interim phase of a wider proposal, but cannot treat that phase as self-contained where the later phase is an…

In an age-assessment judicial review, the court must determine the claimant’s age and date of birth on the balance of probabilities. The local authority has no…

The threshold for certifying a police complaints investigation as subject to special requirements is relatively low, but the decision is not confined to the…

When deciding whether a proposed bargaining unit is appropriate, the CAC must assess the proposed unit rather than search for the best possible unit. It must…

Where the Parole Board directs release subject to residence at specified Approved Premises, the Secretary of State’s duty to release does not arise until that…

In assessing whether removal of an asylum seeker would breach the prohibition on refoulement, the court must examine the up-to-date evidence at the date of the…

A designation under the Terrorist Asset-Freezing etc. Act 2010 requires three elements: reasonable belief that the person is or has been involved in terrorist…

A receiving State is required by customary international law to secure personal inviolability and immunity from criminal jurisdiction for members of a special…

Article 8 family life may exceptionally extend to an adult living with and dependent upon other family members. The issue turns on the particular facts…

In judicial review of a planning decision, the court assesses whether the decision-maker considered material matters and avoided immaterial ones. It does not…

NHS England’s statutory commissioning powers include preventative medicine, including preventative HIV treatment. The exception in section 1H(2) of the…

A public body’s power to publish a report does not prevent interim restraint, but the claimant must overcome heightened public-law hurdles in addition to the…

A prosecutorial policy may guide the exercise of discretion, but it must not exclude consideration of exceptional individual circumstances where Parliament has…

A disciplinary tribunal may proceed in a barrister’s absence where, having acted with utmost care and caution, it is just to do so. The tribunal must balance…

Regulation 24AA certification depends on the statutory question whether removal pending appeal would be unlawful under section 6 of the Human Rights Act 1998.…

A stay of extradition appeal proceedings pending an appeal in different litigation should be granted only where the pending appeal is clearly likely to be…

Article 10(3) of the Directive 2001/83/EC permits a later applicant for a hybrid-abridged marketing authorisation to rely on bridging data previously supplied…

Evidence given by a co-defendant in a Newton hearing is inadmissible in the separate trial of another co-defendant unless that person is called as a witness in…

Judicial review of a terrorism prevention and investigation measures decision applies judicial review principles. The court is not the primary fact-finder and…

A prisoner’s denial of offending must not, by itself, prevent progression or release. It remains relevant to assessing risk and rehabilitation. The Secretary…

In a statutory planning challenge, procedural fairness requires an affected participant to know the case to be met and have a reasonable opportunity to make…

Article 4 of the European Convention on Human Rights requires operational measures where authorities knew, or ought to have known, of circumstances giving rise…

Res judicata applies to police disciplinary proceedings where an earlier tribunal decision was judicial, final, on the merits, concerned the same issue and…

An ombudsman has a broad discretion to determine how an investigation is conducted, including its scope, the information obtained and the enquiries made. A…

A disciplinary tribunal may prevent proceedings continuing where a fair trial is impossible, but defective or inconvenient pleadings do not, without more…

The Royal Prerogative to refuse or withdraw a British passport on national-security grounds was not abrogated by the Terrorism Prevention and Investigation…

Where proceedings in the Magistrates’ Court attract criminal, rather than civil, legal aid, the costs protection in section 26 of the Legal Aid, Sentencing and…

Where legislation provides an adequate appeal on the merits, judicial review should ordinarily be pursued only exceptionally. A licensing committee need not…

Detention to secure an emergency travel document may facilitate deportation even where actual removal is not imminent. Where a person subject to deportation is…

The Legal Ombudsman has jurisdiction under the Legal Services Act 2007 to consider complaints about a solicitor’s advice concerning the terms and consequences…

A disclosure order under the Proceeds of Crime Act 2002 does not require reasons when made on paper, although the statutory threshold must be met. Delay in…

In public interest immunity proceedings concerning a police informant, the court must apply the staged approach in R v H&C. It must consider whether disclosure…

A spent conviction must be disregarded for legal purposes, including the conduct constituting the offence, unless the statutory exception applies. A local…

Section 17 of the Children Act 1989 confers a power, rather than an enforceable duty, to provide services or accommodation. Its exercise requires careful and…

A need for accommodation alone is not a need for care and support under the Care Act 2014. Section 8 gives examples of how eligible needs may be met; it does…

A death in state custody does not automatically trigger the procedural investigation required by article 2 ECHR. That obligation arises where there are grounds…

An appellate court reviewing a professional disciplinary panel must show considerable respect to its factual findings, particularly findings based on live…

A planning authority is generally required to determine the planning merits of the application before it. It need not compare the proposal with an alternative…

A tenancy agreement may create a single tenancy comprising an initial fixed period followed by a periodic period. Such a tenancy is not invalid for uncertainty…

HMRC guidance or correspondence may create a legitimate expectation concerning repayment of tax where it gives a clear, unambiguous and unqualified…

A planning authority must identify and apply the special protection given to open space by the development plan and national policy. Treating policy-protected…

A renewed application for permission to apply for judicial review should be refused where the claim is substantially out of time and the papers disclose no…

A local authority reducing funding for services must direct its decision-makers to the statutory questions and all mandatory relevant considerations. An…

For the purposes of section 12A of the Extradition Act 2003, decisions to charge and try require a cosmopolitan and functional interpretation. They need not be…

Community Infrastructure Levy Regulations 2010, regulation 122, makes necessity, direct relation, and fair and reasonable relation in scale and kind legal…

A non-legally binding agreement between public authorities may give rise to justiciable public law obligations where it concerns domestic statutory functions…

In a delayed review of a revoked control order, the court must consider all relevant evidence available by the time of determination. Later evidence may show…

Where a compulsory acquisition request is reduced during a development-consent examination, the exclusion of land from the request may trigger the time limit…

The power to provide accommodation under section 4(1)(c) of the Immigration and Asylum Act 1999 is coupled with a public law duty. The Secretary of State must…

Conditions on a solicitor’s practising certificate are regulatory, not punitive. They may be imposed only where necessary in the public interest and the…

Extradition must be refused where substantial grounds establish a real risk that the requested person will suffer treatment contrary to Article 3 of the ECHR…

Personal and family hardship does not necessarily create a bar to extradition under Article 8 of the European Convention on Human Rights. The court must assess…

In an extradition appeal under article 8, delay is relevant to proportionality but its weight depends on its cause and effect. A requested person who leaves…

An accelerated payment notice under the Finance Act 2014 requires more than a mechanical calculation of the claimed tax advantage. The designated officer must…

A coroner must clearly distinguish between the legal meaning of a policy and the factual question whether it was followed. The meaning of policy language is a…

A sponsor-licence revocation decision is reviewable on ordinary public-law grounds. Whether a sponsored worker is an agency worker under sponsorship guidance…

A housing allocation scheme may impose a bidding threshold on registered applicants who are entitled to reasonable preference. The threshold is a procedural…

Section 35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 does not permit the Secretary of State to require a person to tell foreign…

Technical noise guidance, including BS8233 and the WHO Guidelines for Community Noise, provides guidance rather than binding statutory or national noise…

A prosecutorial decision is for the prosecuting authority, and the court will intervene only on established public-law grounds. The court must nevertheless…

Permission to seek judicial review of a transfer under the Dublin III Regulation should be refused where the evidence does not make a claimed breach of…

In extradition proceedings, a failure by the requesting authority to present evidence or comply with directions does not, without more, create a free-standing…

Section 73 of the Town and Country Planning Act 1990 may be used to seek planning permission for development without complying with conditions attached to a…

Open justice is fundamental to an inquest, but it may yield where restrictions are necessary to protect witnesses and preserve an anonymity order. The coroner…

In assessing apparent bias in a public authority’s decision to investigate or prosecute, the court applies the objective test of whether a fair-minded and…

A claim for judicial review of a criminal court decision recorded as totally without merit cannot be reconsidered at an oral hearing where CPR 54.12(7)…

On a statutory appeal against professional disciplinary findings, the court must decide whether the panel was entitled to reach its factual conclusions on the…

Registration of land as a town or village green determines the landowner’s civil rights and obligations. Where a landowner has made a properly advanced…

An appellate court reviewing a fitness to practise decision must respect the tribunal’s advantage in seeing and hearing witnesses. It should interfere with…

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

Under Article 30 of the Council Regulation (EC) No 73/2009, artificial arrangements fall outside a support scheme only where they are made to obtain an…

A person relying on the Surinder Singh principle must prove that the British citizen genuinely exercised qualifying EU rights in another Member State and that…

Immigration detention must remain directed to removal and must be justified as reasonable and proportionate in the circumstances. The Secretary of State may…

Under paragraph 24 of the National Planning Policy Framework, the sequential test concerns sites suitable and available for the broad type of development…

For a repeat homelessness application, the relevant comparison is with the facts actually accepted by the housing authority when the earlier application was…

Questions on a professional restoration form must be read as a whole and in their practical context. Separate answers which are literally accurate may…

Where an interested party may oppose a proposed consent order in judicial review proceedings, the court should give it a proper opportunity to participate…

In deciding whether very special circumstances justify inappropriate development on Metropolitan Open Land, a local planning authority must consider whether a…

A public authority reconsidering a quashed decision must take account of all relevant facts and circumstances known at the date of reconsideration. It may…

Cancellation of a British passport can restrict an EU citizen’s freedom of movement even where it does not legally prohibit departure. Article 27 of Directive…

An appeal from a Medical Practitioners Tribunal is a review, not a rehearing. The intensity of review depends on the issue. Statutory interpretation attracts…

For an extradition appeal by a judicial authority under section 28 of the Extradition Act 2003, the statutory seven-day period cannot be shortened by…

A regulatory tribunal may proceed in a registrant’s absence where reasonable steps have been taken to give notice. It must then exercise its discretion having…

An asylum seeker detained under a procedurally defective fast-track system cannot lawfully be detained on the assumption that removal will occur within a…

A mandatory Immigration Rule may require refusal of an application by an overstayer without infringing the non-fettering principle. The Secretary of State may…

Section 16(9) of the Police and Criminal Evidence Act 1984 requires endorsement of the official court warrant, not copies left at searched premises. The…

In a professional disciplinary appeal, procedural defects do not automatically invalidate proceedings. The court must examine whether the defect caused…

Naturalisation is discretionary. The applicant bears the burden of satisfying the Secretary of State that he is of good character. The Secretary of State may…

On an appeal under section 29 of the National Health Service Reform and Health Care Professional Act 2002, the court asks whether the disciplinary sanction was…

When determining a planning application, an authority must assess the development plan as a whole and give proper effect to statutory duties and material…

In planning judicial review, an officer’s report must fairly inform the planning committee about material matters. A heritage policy requiring assets and their…

The public sector equality duty applies primarily to those framing and implementing policy. It is less readily engaged by broad, non-binding political…

In a Dublin III removal case, an Article 3 claim is clearly unfounded only where it is bound to fail. The starting point is the significant presumption that…

An appeal under section 40 of the Medical Act 1983 is a rehearing, but appellate intervention requires the tribunal’s decision to be wrong or unjust because of…

When determining a planning application, a local planning authority must correctly interpret the material development-plan policies, decide whether the…

The Secretary of State’s statutory disciplinary powers apply only where the person falls within the statutory definition of a teacher at a legally relevant…

Schedule 32 to the Finance Act 2014 applies to limited liability partnerships as well as general partnerships. The statutory words must be read in their…

A derogation permitting access to frozen assets for reasonable legal fees must be interpreted restrictively and in light of the purpose of the asset-freezing…

A legitimate expectation may arise from a tax ruling where the taxpayer has disclosed the relevant facts and the ruling is clear, unambiguous and free from…

A local authority had power under section 145 of the Local Government Act 1972 to enclose or set apart the necessary part of a public park for an…

Whether a person is an “unaccompanied child” for the purposes of the immigration detention restrictions in Schedule 2 to the Immigration Act 1971 is an…

Planning permission may be quashed where an officer’s report significantly misleads the planning committee about a material matter and there is a real…

For specialty purposes, a civil commitment process directed to preventing future harm and treating mental abnormality is a civil, not criminal, process. It…

An asylum claim may enter a detained fast-track process where, on the information reasonably available at the time, it appears suitable for speedy and fair…

At an Article 2 inquest, conduct causes death only if it probably made an actual and more than minimal, negligible or trivial contribution. An issue must be…

Where an appeal procedure imposes a time limit for further evidence, compliance remains important, but fairness requires the decision-maker to retain…

For the purposes of Part 1 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015, the enlarged part of the…

Leaving a country while owing money does not, by itself, establish fugitive status for extradition purposes. The surrounding circumstances must support an…

An extradition warrant must provide clear and internally consistent information about whether the requested person appeared at trial and, if not, whether an…

An individual funding request policy must be given real effect, even where NHS commissioners must allocate finite resources consistently and may generally…

Article 28 of Dublin III does not displace the domestic power to detain a person who has no right to enter or remain in the United Kingdom where detention is…

The statutory time limit for appealing against an enforcement notice under Town and Country Planning Act 1990, section 174(3), is absolute and cannot be…

Where the School Admissions Code defines boarding and day places by reference to overnight board and lodging, that definition applies even if the surrounding…

A local authority may rely on its statutory powers to close part of a public park where the proposed action falls within the relevant statutory power. Lawful…

A supervision order under the Criminal Procedure (Insanity) Act 1964 cannot be made unless the proposed supervising officer consents and arrangements have been…

A planning decision must be read fairly and as a whole. A decision-maker takes a material planning consideration into account if it considers it and reaches a…

A human-rights claim concerning removal under the Dublin system is clearly unfounded only where, on the material before the Secretary of State, there are no…

An off-site financial contribution associated with a development is a material planning consideration only where it serves a planning purpose and fairly and…

Immigration detention must remain connected to the purpose of deportation and must last no longer than is reasonable in all the circumstances. Deliberate…

On an appeal concerning extradition and Article 8, the appellate court must decide whether the district judge reached the wrong proportionality outcome, while…

A decision-maker exercising a statutory discretion must address the actual basis of the application and the relevant material. A refusal based on an issue not…

Section 12A of the Extradition Act 2003 operates in two stages. At the first stage, the requested person must establish reasonable grounds for believing both…

An exemption from the requirement to provide dogs with outside runs must be determined case by case. The question whether provision is possible is not confined…

A disabled-persons’ parking exemption applies only where the badge and parking clock are displayed in the manner required by law. A motorist relying on the…

A system for deciding asylum claims in immigration detention is not inherently unfair merely because it operates more quickly than ordinary asylum processing.…

A planning committee must receive a report sufficiently clear and full to identify the material issues, but the report need not set out every expert…

Once proceedings are subject to the statutory closed material procedure, disclosure is governed by the Justice and Security Act 2013. A general common law duty…

A solicitor may lack integrity even where the subjective element of dishonesty is not proved. Integrity and dishonesty are distinct concepts. The relevant…

For registration of land as a town or village green, the relevant locality need not retain precisely the same boundaries or legal form throughout the 20-year…

On an appeal against a professional disciplinary sanction, the High Court must respect the tribunal’s expertise but must intervene where the sanction is unduly…

On a case stated appeal, the High Court may intervene only where the magistrates’ decision is unsustainable in law on the facts found. A submission of no case…

For the purposes of an abatement notice under the Environmental Protection Act 1990, the existence of another person’s noise cannot constitute a reasonable…

An appeal from a fitness to practise determination is a rehearing on the material before the court, but appellate restraint remains appropriate where the…

Relief from sanctions and an application to set aside an order require promptness, a good explanation for the default and a reasonable prospect of success…

Prolonged prisoner segregation must remain lawful, procedurally fair and justified by the particular circumstances. Article 3 imposes a fact-sensitive…

For DOTAS purposes, arrangements must be analysed by reference to the specific tax-avoidance arrangement entered into by each partnership, rather than by…

Detention in a fast-track asylum process is unlawful where the claim is too complex for fair determination within the accelerated timetable, or where the…

A statutory appeal from a professional disciplinary tribunal is a review, not a full rehearing. The appeal court may reconsider factual findings and legal…

A professional disciplinary appeal court should intervene on factual findings only where the committee was wrong, in practice plainly wrong, while allowing…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, the court reaffirmed that the development plan remains the statutory…

An inspection regulator may investigate whether statutory requirements are being met, but cannot investigate or adjudicate upon the merits of a complaint where…

A hospital managers’ panel exercising delegated discharge powers under the Mental Health Act 1983 is sufficiently independent of the NHS foundation trust to…

Where a public authority creates a discretionary route for successful tenderers to join additional duty schemes, the eligibility criteria must be read as a…

A person subject to a positive reasonable-grounds trafficking decision may be detained on immigration grounds where detention is justified by public-order…

A court considering permission for judicial review is bound by a relevant Court of Appeal decision unless there is a proper basis for distinguishing it or…

In determining the lawfulness of a control order, the court must assess all relevant evidence, including evidence unavailable to the Secretary of State when…

The statutory reference and prohibition regime for teachers may apply where a person was employed or engaged in teaching work when the conduct occurred or when…

National planning policy is a material consideration within the statutory, plan-led decision-making framework. The National Planning Policy Framework does not…

Magistrates must hear the prosecution evidence and the parties before dismissing an information, as required by Magistrates' Court Act 1980, section 9(2). A…

An appeal from the Solicitors Disciplinary Tribunal under section 49 of the Solicitors Act 1974 proceeds by way of review, not rehearing. The High Court gives…

A planning decision is not unlawful merely because an officer’s report does not repeat every relevant policy or statutory provision. The court may infer that…

Religious bodies are not necessarily public authorities merely because they consult public safeguarding officials or act to protect children. The court must…

Removal from a professional register is not inevitable following dishonesty, but it may be proportionate even for a first disciplinary offence. The appellate…

At the permission stage of an extradition challenge, an applicant must show an arguable case that extradition would breach article 3 or article 8. Evidence of…

Whether a child has attended school regularly under Education Act 1996, section 444 is a matter of fact and degree. An unauthorised holiday does not…

A local authority’s general duty to safeguard children in need does not ordinarily create an individually enforceable duty to meet every child’s assessed…

A visitor who deliberately gives a misleading account of the intended length or purpose of stay may have obtained entry by deception, even where the visitor…

A regulatory tribunal member’s professional background does not ordinarily create an appearance of bias. Without personal animus or a personal connection with…

Intervention by the Mayor of London under article 7 of the Town and Country Planning (Mayor of London) Order 2008 is lawful where the development is capable of…

A minimum term imposed on a person detained during Her Majesty’s Pleasure may be reduced where there is clear evidence of exceptional progress. The progress…

Where a development causes less than substantial but more than de minimis harm to a designated heritage asset, the decision-maker must weigh that harm against…

An application concerning the removal or variation of a planning condition must be considered within the statutory framework governing the application. Whether…

An application for a certificate of lawfulness of operational development under Town and Country Planning Act 1990, section 191, is distinct from an…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, not the planning merits or weight given to competing…

For a public right of way to arise under Highways Act 1980, s 31, use must be sufficient in quantity and quality to demonstrate public assertion of a…

For service of a planning enforcement notice, a local authority may use the owner’s address recorded in the Land Registry where the owner has not supplied a…

An appeal under section 40 of the Medical Act 1983 is a rehearing, but the court must respect the specialist judgment of the professional tribunal. It corrects…

An appeal from the Valuation Tribunal of England lies only on a question of law. A tribunal may uphold cancellation of Council Tax Reduction where a claimant…

The statutory expression “by post” is broad. It is not confined to the practices historically associated with the Post Office or Royal Mail. Collection of…

A Secretary of State may reassess a prisoner’s suitability for open conditions when policy changes the weight given to a history of absconding. A previous…

A legally qualified chair who is a full member of a mixed tribunal may give legal advice to the other members during private deliberations without…

A policy under which the Secretary of State accepts a High Court judge’s recommendation on periodic review of a detention tariff is not necessarily an unlawful…

A planning authority must identify the relevant development-plan policies, assess whether the proposal accords with the plan as a whole, and then consider…

For an offence under section 8 of the Animal Welfare Act 2006, a protected animal must be placed with another animal or a human for the purpose of fighting…

Search warrants under the Police and Criminal Evidence Act 1984 must be sufficiently precise to identify the articles or persons sought, but the description…

An appeal against a professional disciplinary sanction is a review, not a rehearing or resentencing exercise. The High Court may intervene where the tribunal…

For the purposes of the five-year housing land supply, a site need not have planning permission. Deliverability is a fact-sensitive planning judgment…

A domestic electoral franchise may engage EU law where its exercise affects EU-law fundamental rights, even though electoral arrangements remain within…

The Refugee Convention did not apply to the Sovereign Base Areas as a matter of international law because they were new political entities and no fresh…

A statutory appeal from a professional disciplinary decision is a re-hearing conducted under Part 52 of the Civil Procedure Rules. The appeal court may…

A local authority assessing whether a child is in need under the Children Act 1989 has a judgmental discretion, subject to public law requirements. It must…

A university may postpone or withdraw permission for an event where concrete, evidence-based risk assessments show substantial risks to safety or public order…

Highway maintenance includes repair, even where the works are substantial or materially alter the appearance of the highway. The removal of a tree may be part…

Fairness does not require an oral hearing whenever expert evidence conflicts in a prisoner’s categorisation review. The question is whether, in the…

Article 11(2) of Directive 2011/36 imposes a freestanding obligation to provide assistance and support to a person reasonably believed to be a trafficking…

For interim relief in public-law proceedings, a legal error in certifying a human-rights claim is not immaterial merely because the same decision might have…

Extradition assurances are ordinarily presumed to be given in good faith. Their weight does not depend on the requested person’s nationality, absent clear…

In an asylum or humanitarian protection claim based on threats from private individuals, refusal may be justified where the claimant can reasonably relocate…

Judicial review is ordinarily refused where the claimant has an adequate alternative statutory remedy, including reconsideration followed by an appeal to the…

Acquittal in related criminal proceedings does not, without more, prevent civil recovery proceedings under the Proceeds of Crime Act 2002. A property freezing…

The statutory scheme for search warrants permits the issuing court to consider information which cannot be disclosed to the person affected where withholding…

An appellate court reviewing a professional disciplinary decision must conduct a secondary judgment. It must respect the tribunal’s specialist expertise and…

The Secretary of State’s power under section 1(4) of the Immigration Act 1971 permits Immigration Rules to define and exclude subcategories of dependants…

In a statutory pharmaceutical-services scheme, a later application is not automatically barred merely because an earlier grant remains extant. The…

In a judicial review of immigration decisions, a disagreement with factual evaluation will not ordinarily establish an error of law. Severe illness may be…

A judicial review claim may be dismissed where the claimant wholly fails to progress it, breaches case-management directions, fails to attend the hearing and…

An appeal against cancellation of a prohibition notice under the Health and Safety at Work etc Act 1974 must assess the facts known, or reasonably obtainable…

Removal of an asylum seeker to another EU member state will breach Article 3 ECHR or Article 4 of the Charter only where substantial grounds establish a real…

A statutory levy order is lawful if its charging mechanism falls within the broad discretion conferred by the enabling Act and is not expressly or impliedly…

A housing-allocation scheme reserving 20% of lettings for working households and qualifying existing tenants may indirectly discriminate where protected groups…

An Independent Monitor reviewing proposed disclosure in an enhanced criminal record certificate must conduct a genuinely independent review. The review need…

The statutory meaning of “vessel” depends on the wording and context of the particular enactment. Under the Environment Agency (Inland Waterways) Order 2010…

A decision by the Crown to negotiate or enter into an international treaty is not justiciable in domestic judicial review proceedings. The court will not…

In extradition proceedings, a refusal to surrender in one jurisdiction does not create res judicata or issue estoppel across the European arrest warrant…

Under section 14 of the Extradition Act 2003, hardship caused by extradition does not by itself amount to oppression. The threshold is crossed where the…

In extradition proceedings to a European Union Member State, serious prison deficiencies may establish a real risk of treatment contrary to Article 3 of the…

For a clearly unfounded certification, the court must apply an objective test. If there is at least one legitimate view of the facts or law on which the claim…

Confidential settlement terms should be disclosed only where powerful reasons justify overriding the parties’ agreement. The public interest in transparency…

A public authority may adopt a statutory expression as a marketing brand where it does not claim the corresponding statutory status or functions. The words…

Human trafficking may consist of recruitment, transportation, transfer, harbouring or receipt, combined with a proscribed means and an intention to exploit. It…

In extradition proceedings, an alleged ambiguity in an European Arrest Warrant does not, without more, establish an abuse of process. The court may ordinarily…

A registered social landlord is not automatically exercising a public function in every aspect of its activities. Whether a decision is amenable to judicial…

Applications under section 245C of the Proceeds of Crime Act 2002 to vary a property freezing order exclusion for legal expenses require a prospective…

Under the primary authority scheme, advice and guidance must state the law correctly. A statutory provision cannot have several equally correct constructions…

A duty under articles 2 or 3 of the Convention to investigate arises when credible information disclosing an arguable substantive breach comes to the attention…

Permission to bring judicial review should be granted where substantial and plainly arguable issues arise concerning the English endorsement and execution of a…

A planning permission to re-site operational plant does not ordinarily authorise a permanent change of use of the land. The right to operate the permitted…

Interim relief should not ordinarily be granted against a person or body that is not a party to the proceedings and has had no proper opportunity to consider…

An accelerated payment notice may require payment before a taxpayer’s liability has been formally assessed. Fairness does not generally require a prior hearing…

An appellate court reviewing a professional disciplinary decision must respect the specialist tribunal’s factual assessment and should intervene only where the…

Planning policies, including the National Planning Policy Framework, operate within the statutory framework created by sections 70(2) of the Town and Country…

For the statutory affordable-housing review procedure, “the development” means the development authorised by the planning permission to which the planning…

A non-EEA spouse’s residence rights derive from the Union citizen’s qualifying status and do not depend on possession of residence documentation. Separation…

A national court applying a preliminary ruling must follow the Court of Justice’s interpretation of EU law, but remains responsible for finding the facts and…

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

In an extradition appeal involving Article 8 rights, the appellate court must respect the first-instance judge’s evaluative balancing exercise unless the…

An inquest is not a criminal proceeding, or part of a criminal proceeding, for the purposes of article 6 merely because evidence may create a risk of later…

Whether land is being used as a builder’s merchant is ordinarily a question of fact for the court, not a matter requiring expert planning evidence. The…

A registration authority may determine a town or village green application after obtaining advice from an independent legal expert, even where the authority…

A prison policy may lawfully adopt an inflexible rule where permitting exceptions would undermine an important statutory aim underlying the relevant power. The…

A generic interim injunction cannot ordinarily be granted in judicial review proceedings for the benefit of unidentified persons who are not parties. Such…

In an extradition appeal engaging Article 8, delay may be relevant to proportionality even where it does not trigger a statutory bar. Culpability cannot be…

A Legal Ombudsman has wide latitude to decide what is fair and reasonable, and the court reviews the determination on public-law grounds rather than…

In assessing whether redevelopment of previously developed land complies with Green Belt policy, openness concerns more than visual impact. It includes the…

A disciplinary tribunal must assess both the fact of professional misconduct and the reasons for it when deciding current fitness to practise. Where disputed…

In a challenge to a planning appeal decision, the court must read an inspector’s decision letter fairly and as a whole. The inspector need address the…

In judicial review of a planning decision, the court does not reassess ecological or planning merits. It intervenes only on established public-law grounds, and…

Where a public authority agrees to reconsider a decision completely afresh and with a fresh, open mind, the existing judicial review claim should ordinarily…

When a development plan exists and its relevant policies are neither silent nor out of date, the decision-maker must determine whether the proposal accords…

Paragraph 14 of the National Planning Policy Framework provides the process for deciding whether development is sustainable where the development plan is…

A local planning authority is not generally required by the common law to give reasons when granting planning permission. A duty may nevertheless arise where…

Where alleged interference with proprietary rights arises from a course of public decision-making, the decisions may need to be assessed cumulatively.…

A local authority must assess a 16- or 17-year-old’s needs across the full welfare spectrum. The fact that parents offer accommodation does not establish that…

In a statutory appeal under section 29 of the National Health Service Reform and Health Professions Act 2002, undue leniency is established where the…

The statutory question whether part of a property is a “self-contained unit” depends on whether it has been constructed or adapted for use as separate living…

On an Article 8 challenge to extradition, the court must review the District Judge’s overall balancing decision, respecting factual findings unless the outcome…

Under section 14 of the Extradition Act 2003, the passage of time bars extradition only where it would be unjust or oppressive to surrender the requested…

Planning conditions are construed objectively, in the context of the permission as a whole and the reason for imposing the condition. They should receive a…

In a disciplinary appeal, evidence admitted for the limited purpose of rebutting a misleading answer must not be used as substantive evidence of the underlying…

Judicial review is generally inappropriate where effective statutory remedies are available and, in particular, where a temporary stop notice has expired. A…

Under section 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990, representations against a payment notice are confined to the statutory…

A local planning authority must provide reasons for a negative environmental impact assessment screening opinion within a reasonable time after a valid…

On an application for interim relief in judicial review proceedings, the court must assess the balance of convenience, including whether refusing relief may…

In an extradition case, the requesting state must provide evidence sufficient to establish that the conduct described in a European Arrest Warrant is an…

A planning condition restricting a building to specified purposes and stating that it may be used for no other purpose can exclude permitted development…

Where aggravated and underlying offences are properly characterised as true alternatives arising from the same facts, a defendant should not be convicted of…

On a renewed application for judicial review, a sponsor licence may be revoked where the evidence reasonably establishes that the sponsored work is below the…

The statutory charge under the legal aid scheme applies to damages recovered in human-rights proceedings unless an applicable exemption or waiver is…

An interim order may be extended where the filed evidence establishes that an extension is appropriate. The court may take into account whether the proceedings…

A national of a Member State who has exercised free-movement rights and later acquired the nationality of the host Member State may raise a question about the…

On an enforcement appeal, the scope of a ground (f) challenge depends on the statutory purpose of the steps in the enforcement notice. An inspector must first…

A planning authority’s duty to consider the setting of a listed building arises from the building’s existence, but a mere shared view of a building and…

When a planning permission is ambiguous, the decision-maker may consider all relevant extrinsic material needed to resolve the ambiguity. The application is…

On an unsuccessful appeal by case stated, a private litigant challenging a public body may face the ordinary costs consequences. A protective costs order is…

Eligibility for an ill-health award under the Police Pension Regulations 1987 requires three elements: an infirmity of mind or body, inability to perform all…

An application for a certificate of inadequacy under section 17 of the Drug Trafficking Act 1994 concerns the defendant’s realisable property as a whole at the…

For an offence involving refusal to provide a specimen, the prosecution bears the legal burden of disproving a reasonable excuse, but only after the defendant…

The National Planning Policy Framework is a material consideration, not a statute. A planning authority may depart from its processes as an exercise of…

Where housing-supply policies are out of date, paragraph 14 of the National Planning Policy Framework contains two separate alternatives. Where designated…

In a planning appeal, an Inspector’s decision must be read reasonably and flexibly. Reasons need address the main issues, but need not rehearse every argument…

An application for a further extension of time is determined by applying the relevant criteria and balancing all material circumstances. Relevant…

A court reviewing statutory school-reorganisation proposals supervises the legality of the procedure, rather than making the educational decision itself. Where…

For Community Infrastructure Levy purposes, separate planning permissions must be interpreted according to their own terms and cannot be treated as one…

The power to detain a person pending deportation is limited by statute, policy and the Hardial Singh principles. Where there is independent evidence that a…

A private prosecutor in the Magistrates’ Court is subject to the same case-management obligations as any other prosecutor. A party relying on expert evidence…

In conviction extradition proceedings, the relevant period under section 14 of the Extradition Act 2003 begins when the person becomes unlawfully at large. A…

On an appeal by case stated, the High Court may interfere with factual findings only where they disclose an error of law. That includes a finding unsupported…

For premises with a roof or ceiling, the question under regulation 2 of the Smoke-free (Premises and Enforcement) Regulations 2006 is whether less than half of…

When a planning proposal conflicts with development-plan policy, that conflict is not necessarily decisive. Under section 38(6) of the Planning and Compulsory…

The lawfulness of immigration detention depends on the circumstances as a whole. No fixed maximum period applies. Detention remains permissible where removal…

A significant evidential presumption applies when an EU Member State is asked to accept a Dublin return. The returning state may assume that the receiving…

Under section 12A of the Extradition Act 2003, extradition is barred only where the required decisions to charge or try have not been made, there are…

On an appeal by case stated, the High Court may interfere with factual findings only where they involve an error of law. That may occur where a finding is…

An application to reopen an extradition appeal should ordinarily be considered only after any outstanding application for certification and permission to…

Section 20 of the Extradition Act 2003 must be interpreted consistently with article 4a of Framework Decision 2002/584/JHA. The relevant trial is the scheduled…

On an appeal under section 17(4) of the Audit Commission Act 1998, the court reviews both the auditor’s conclusion on lawfulness and the exercise of the…

The statutory period for interim suspension may be extended where the applicable criteria are satisfied. The court must nevertheless determine a period that is…

A detention ordered by a court is not generally arbitrary for the purposes of Article 5 merely because the sentencing judge made an error about the existence…

Section 27 of the Children Act 1989 does not apply directly between departments of a unitary authority. However, the authority must operate equivalent…

When deciding whether to extend an interim suspension order imposed on a registered healthcare professional, the court should consider the gravity of the…

On a professional disciplinary appeal by way of rehearing, the High Court conducts a secondary review of the regulator’s decision. It corrects material errors…

A private body is not amenable to judicial review merely because it performs an important role in a scheme established to achieve public regulatory objectives.…

The state must provide and operate systems giving indeterminate sentence prisoners a reasonable opportunity to demonstrate, at tariff expiry or reasonably soon…

In sentencing a youth, a detention and training order should generally be treated as equivalent to an adult custodial sentence. The court must ensure that the…

Under article 13 of the Health and Social Work Professions Order 2001, an interim suspension order may be extended where it remains necessary for public…

An inspector may find that development technically breaches a planning policy while concluding that the policy’s underlying aims and objectives are not…

Licence conditions imposed on release from prison may interfere with Convention rights, but remain lawful where authorised by statute, directed to legitimate…

In a challenge to a planning inspector’s decision, the court must review legality, rationality and adequacy of reasons, rather than revisit the planning merits…

A police record of a juvenile reprimand may be retained where the reprimand was lawfully issued and the applicable retention policy does not justify deletion.…

A development-plan policy must be interpreted primarily from its wording, read fairly as a whole, with supporting text used where necessary. Resort to…

A maintained school’s decision to provide off-site education for behavioural improvement must comply with the statutory notice and review requirements. The…

Where substantially identical challenges to tax legislation are already proceeding before the specialist tribunal, the tribunal is ordinarily the appropriate…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, not the merits of planning judgment. An Inspector must…

In a judicial review alleging procedural unfairness, a technical procedural breach is insufficient without substantial or material prejudice. The claimant must…

Structures mounted on skids are not outside planning control merely because they can be moved. The relevant question is whether, having regard to the…

In a challenge to immigration detention involving serious mental illness, the Secretary of State had to apply her published detention policy correctly and…

In a challenge under Town and Country Planning Act 1990, section 288, the court reviews legality rather than the planning merits. An inspector may depart from…

The closed exceptions in paragraph 89 of the National Planning Policy Framework concern new buildings, but they are not confined to applications involving…

A procedural rule is unlawful only where unfairness is inherent or systemic in the scheme, rather than merely a possible consequence of an erroneous individual…

Applications for property freezing orders and disclosure orders may be determined without notice and on paper where that procedure is justified; the absence of…

An appellate court hearing a professional disciplinary appeal by way of rehearing must not retry the evidence or substitute its own view for that of the…

A renewed application for permission to bring judicial review will fail where the proposed grounds do not disclose an arguable error of law. Article 27 of the…

Judicial review of an Upper Tribunal refusal of permission to appeal is not subject to an additional substantive hurdle requiring proof that the First-tier…

A mechanically propelled invalid carriage complying with the prescribed requirements and conditions is treated as not being a motor vehicle for the purposes of…

The offence of conspiracy to pervert the course of public justice is not confined to conduct affecting proceedings already on foot. It may extend to conduct…

Works carried out by a highway authority for a road improvement fall outside the planning-permission requirement only if they do not have significant adverse…

EU law does not make withdrawal of a tax exemption inherently unforeseeable. A claimant challenging abrupt fiscal change must establish that the authorities…

Under section 10 of the Party Wall etc. Act 1996, a surveyor’s award may include consequential matters and costs even where those matters were not themselves…

In applying paragraph 88 of the National Planning Policy Framework, very special circumstances in the Green Belt require the decision-maker to weigh the…

A purported application for further leave to remain may constitute a human rights claim where, in substance, it asserts that removal would breach Convention…

For a certificate of lawfulness under section 192 of the Town and Country Planning Act 1990, the relevant comparison is between the actual existing use and the…

An application under Town and Country Planning Act 1990, section 288 is concerned with legal validity, not a review of planning merits. An inspector’s decision…

Applications under the 1973 immigration rules must be assessed on their merits and in the round. Specified factors guide the exercise of discretion; they are…

In an accusation European Arrest Warrant, the required place of an alleged offence may be inferred from the warrant read as a whole, provided the inference is…

On an appeal against an extradition decision, the appellate court asks whether the judge made the wrong decision. Findings of fact, particularly where evidence…

Those attending a public court hearing should ordinarily be free to make notes. That liberty forms part of the common law principle of open justice. A court…

Part VII of the Housing Act 1996 is engaged where an applicant applies for accommodation or assistance and the authority has reason to believe that the…

Article 6 ECHR provides procedural safeguards. It does not determine the content of domestic substantive law. A prison disciplinary charge may be a criminal…

Mandatory sentences are not inherently disproportionate or arbitrary under Article 8 of the European Convention on Human Rights. In the European Arrest Warrant…

Under section 334(8) of the Armed Forces Act 2006, redress for a well-founded service complaint is not confined to financial compensation. It may comprise a…

Certification of an asylum or human-rights claim as clearly unfounded is lawful where the evidence and findings make it virtually inevitable that an appeal…

A person subject to an activated term of imprisonment imposed in default of payment of a confiscation order may be unlawfully at large for the purposes of a…

The commencement of judicial review proceedings does not automatically require an immigration detainee’s release. It is a factor in assessing whether removal…

The forum bar in section 19B of the Extradition Act 2003 must be applied consistently with the European arrest warrant system’s principles of mutual…

Administrative detention pending deportation is lawful only while deportation remains the genuine purpose and there is a realistic prospect of removal within a…

In TPIM proceedings, a statutory appeal against refusal to vary measures must remain a meaningful right, but its timing may be managed against the need for a…

A planning permission is not lawfully implemented where development is begun in breach of a pre-commencement condition requiring approval of details. Works…

The exclusion of opposite-sex couples from civil partnerships did not become incompatible with Arts 8 and 14 of the Convention merely because same-sex couples…

On a challenge to a planning inspector’s enforcement decision, the Administrative Court will not intervene merely because the claimant disputes the inspector’s…

A professional regulator’s disciplinary finding remains capable of triggering a duty of notification even where the sanction is suspended pending appeal. A…

A conviction European Arrest Warrant must contain the particulars required by the Extradition Act 2003. Its validity is assessed from the warrant as a whole…

A planning condition requiring a retailer to submit a scheme committing it to retain a presence at an existing centre requires a legally binding commitment…

Where a five-year housing land supply cannot be demonstrated, paragraphs 14 and 49 of the National Planning Policy Framework engage a presumption in favour of…

A public authority that lawfully possesses bulk material which may contain legally privileged material must operate a system reasonably expected to prevent the…

Whether premises are “wholly or mainly used for charitable purposes” depends on the use made of the premises, not merely the charitable nature of the activity.…

A removal decision does not carry an in-country right of appeal where earlier further submissions have been rejected as not amounting to a fresh claim and…

Permission to apply for judicial review should be refused where the claimant shows no arguable public-law error in decisions concerning immigration detention…

An election court’s decision is amenable to judicial review for error of law, including a factual conclusion unsupported by evidence. The statutory procedure…

A taxpayer who has applied to enter a published disclosure facility has no substantive legitimate expectation unless the authority accepts the application and…

A prisoner’s denial of the index offence is not automatically a bar to recategorisation. The decision-maker must conduct a genuine balancing exercise…

A suspended committal order for unpaid council tax is unlawful where the repayment period is excessive. The enforcing court must conduct an adequate means…

A statutory scheme requiring lifetime disclosure of all convictions where a person has more than one conviction may interfere with Article 8 rights. Clear…

In an accusation-warrant extradition case, proportionality must be assessed only by reference to the matters specified in section 21A(3) of the Extradition Act…

In a statutory planning challenge, late evidence may justify intervention where objective unfairness has caused a mistake of fact. The material must concern an…

Immigration detention remains lawful only while the Hardial Singh principles are satisfied. The detainee’s refusal to return to a safe country of origin may…

The examination of a neighbourhood plan is concerned with the statutory “basic conditions”, not the broader soundness examination applicable to a local plan. A…

Where reliable evidence establishes a real risk that extradition would expose a requested person to prison conditions contrary to article 3, an assurance from…

The definition of previously-developed land in the National Planning Policy Framework excludes private residential gardens only where they are in built-up…

Before extending an interim conditions of practice order, the court must be satisfied that the extension is necessary for the protection of members of the…

A planning inspector’s decision will not be quashed merely because an objector later identifies additional factual points or disagrees with the assessment of…

A competent authority assessing a trafficking claim must apply its published policy unless there are reasonable grounds for departing from it and the decision…

Articles 16(6) and 17 of the Regulation (EU) No 1380/2013 confer a wide discretion on Member States to allocate fishing opportunities. The discretion is…

A planning authority is not required by statute to consult the Department for Culture, Media and Sport or UNESCO on every proposal affecting the setting of a…

Open justice applies to disciplinary tribunals as it does to courts. Hearings and judgments should ordinarily identify the parties, and anonymity requires a…

Section 76(5A) of the Criminal Justice and Immigration Act 2008 does not replace the common-law requirement that force used in self-defence must be reasonable…

In a planning challenge, the decision-maker must recognise the priority of the development plan but may grant permission contrary to it where material…

Permission to proceed with a renewed judicial review application may be refused where the claim has no arguable merit and the claimant can present submissions…

In an Article 2 inquest, the coroner must investigate matters which caused, or at least arguably caused or contributed to, the death. The coroner has a…

An enforcement notice must identify the breach of planning control with sufficient particularity for the recipient to understand the conduct alleged and the…

The Parole Board must assess whether a prisoner is suitable for transfer to open conditions by applying the Secretary of State’s directions and considering the…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court will not review the planning merits of an inspector’s decision. The…

In a statutory consultation on NHS service reconfiguration, fairness is assessed by statutory purpose and context, using the Sedley criteria: proposals must…

In an extradition appeal, passage of time must be assessed on the particular facts. The question is whether extradition, rather than the trial itself, would be…