High Court: Administrative Court judgments, 2017

Permission to bring judicial review requires an arguable ground with a realistic prospect of success. Where a challenge alleges irrationality in a planning…

A local authority considering housing and social-care issues affecting a disabled child must adopt an integrated, evidence-based approach. Its duties under…

An ex gratia compensation scheme must be interpreted objectively, purposively and as a whole. A scheme directed to reasonable wasted costs and additional…

A statutory charge securing repayment of civil legal aid costs from property or damages recovered by the assisted party does not, without more, breach access…

For the purposes of section 12A of the Extradition Act 2003, a decision to try is made when the competent decision-maker has decided to proceed with taking the…

In an extradition appeal based on article 8, proportionality must be assessed by identifying and weighing the factors for and against extradition. The strong…

A decision-maker considering exceptional or compelling reasons for indefinite leave to remain must assess the applicant’s evidence fully and fairly. In a case…

An amendment excluding psychological distress as a qualifying reason under specified Personal Independence Payment mobility descriptors introduced a new…

Immigration detention pending deportation is lawful only while removal remains a realistic and sufficiently probable prospect within a reasonable period. Mere…

A requested person is not a fugitive merely because, while lawfully and openly resident in the United Kingdom, she does not return to the requesting state to…

Where a Rule 35 report provides independent evidence of injury possibly attributable to torture, continued immigration detention is lawful only in very…

Consultation is lawful where it is conducted while proposals remain formative, gives sufficient reasons for intelligent consideration, and fairly presents the…

In reviewing disclosure in an enhanced criminal record certificate, the court must make its own assessment of Article 8 proportionality by high-intensity…

Judicial review of a specialist regulator’s predictive and technical decision is not a de novo merits hearing. The court must assess whether the decision is…

A victim’s request that an offender be recalled to custody is reviewable only on conventional public-law grounds; there is no general duty to initiate recall…

Where extradition interferes with private or family life, proportionality under Article 8 requires a structured balance sheet. The public interest in honouring…

Under Dangerous Dogs Act 1991, a contingent destruction order may be made for a prohibited dog which is not currently exempt only if the court is satisfied…

A planning committee’s decision will not be unlawful merely because an officer’s report does not reproduce every piece of evidence or because an application…

For designation under the terrorist asset-freezing regime, the relevant question is whether the authority reasonably believed that the person was or had been…

On an application for restoration to the medical register, the applicant must satisfy the Tribunal that the evidence establishes fitness to practise. The…

In judicial review of a planning decision, the court reviews legality, rationality, relevant considerations and procedural fairness, but does not re-evaluate…

For the purposes of Road Traffic Act 1988, section 7(6), whether a person has a reasonable excuse for failing to provide a specimen is a question of fact…

Failure to comply with mandatory planning-application notification and certification requirements does not make quashing automatic, but the court’s discretion…

Rough sleeping by an EEA national cannot, without more, constitute misuse of the right to freedom of movement and residence. Regulation 26 of the Immigration…

Abuse of process constitutes a free-standing bar to extradition only in the residual case where the requesting authority may be manipulating court procedures…

A regulator imposing licence conditions must take reasonable steps to ensure that animal testing is confined to products intended for medicinal purposes. A…

In an extradition appeal based on prison conditions, the strong presumption that an EU member state will comply with Convention obligations is rebuttable by…

Whether an indemnity arrangement provides appropriate cover is a broad statutory judgment for the Registrar. The assessment must have regard to both the nature…

A Tier 2 sponsor licence is a privilege carrying substantial responsibility. The sponsor must comply strictly with the published sponsorship Guidance…

A Competent Authority assessing a modern-slavery referral must apply the published guidance and analyse the applicant’s actual case with a high standard of…

Under section 63 of the Housing Act 2004, a local housing authority may fix HMO licensing fees by reference to the overall costs of its statutory functions…

On an appeal under section 40A of the Medical Act 1983, the court may correct material errors of fact or law, while giving substantial deference to a…

A search warrant under the Police and Criminal Evidence Act 1984 must identify, so far as practicable, the articles or persons sought with sufficient precision…

For an application affecting a non-designated heritage asset, paragraph 135 of the National Planning Policy Framework requires the decision-maker to make a…

On a retrospective application to extend time, the court applies the same principles as on an application for relief from sanctions. Under [2014] EWCA Civ 906…

Immigration detention must remain connected to removal and must last no longer than is reasonable in all the circumstances. The Secretary of State must act…

An adjournment of a criminal trial is a discretionary case-management decision requiring rigorous scrutiny, but the court must still do justice between the…

For an offence under section 5 of the Public Order Act 1986, the prosecution need not prove an intention to cause harassment, alarm or distress. It must prove…

In judicial review proceedings, cross-examination is exceptional and should be permitted only where it will materially assist the court. Evidence concerning an…

A court considering late enforcement of a confiscation order by imprisonment should determine the application on its merits. The central question is whether…

A local authority fixing maximum hackney-carriage fares may pursue consumer protection while allowing drivers to cover reasonable operating costs and earn a…

An application to state a case is frivolous where it is futile, misconceived, hopeless or academic. The case-stated jurisdiction permits challenges to legal…

Under section 13 of the Coroners Act 1988, the High Court may order a fresh inquest where irregularity, insufficiency of inquiry, new evidence or other…

On an appeal against a professional disciplinary sanction, the appellate court must apply the statutory and regulatory grounds governing its jurisdiction. The…

Judicial review may lie against a magistrates’ sentencing decision despite an available appeal, particularly where a plausible complaint of procedural…

Magistrates generally should issue a summons when an information is properly laid, but that discretion is not unfettered. A summons may be refused where the…

A trustee in bankruptcy may use CPR 81.15 to apply for committal where a bankrupt’s non-compliance with statutory duties is punishable as contempt under the…

For section 6 of the Justice and Security Act 2013, “criminal cause or matter” may bear a meaning shaped by statutory context. Authorities concerning appellate…

A local authority’s duty to promote an efficient and effective care market is a general public law duty. It does not give care providers an individual right to…

When applying for a search warrant, the investigator must provide the issuing judge with a full, fair and accurate account of material facts, including matters…

Statutory time limits for challenging stages in the making of a neighbourhood development plan are compartmentalised and must be applied strictly. A claimant…

For the purposes of paragraph 22(4) of Schedule 2 to the Immigration Act 1971, removal directions are “in force” when they have been made, have not been…

On an appeal against a restoration decision, the court must respect the specialist tribunal’s evaluative judgment unless the decision is wrong or unjust…

At the preliminary stage of a definitive-map application, a surveying authority asks whether the evidence makes it reasonable to allege that a public right of…

A decision whether to call in a planning application under section 77 of the Town and Country Planning Act 1990 is a procedural decision involving a very broad…

A local authority’s duty under Children Act 1989 section 17 is ongoing. A reassessment may be required where new information materially undermines the earlier…

Section 12A of the Extradition Act 2003 does not create an inflexible rule excluding extrinsic evidence which may undermine statements in a European arrest…

In reviewing a trafficking decision engaging Article 4 rights, the court must apply anxious scrutiny, but the exercise remains judicial review rather than a…

Judicial review permission may be refused where a ground has no realistic prospect of success. Under section 81 of the Localism Act, an expression of interest…

Under Coroners Act 1988, the question is whether the interests of justice make a further inquest necessary or desirable. The discovery of fresh evidence which…

Residential re-use of an existing building in the Green Belt is not automatically inappropriate development. The decision-maker must apply the proviso in…

A parole panel may proceed with a review where a directed psychological assessment has not been completed, provided it has sufficient evidence to make a proper…

The Criminal Cases Review Commission’s statutory task is predictive. It must assess whether there is a real possibility that the Court of Appeal would receive…

Under section 19 of the Prosecution of Offences Act 1985 and regulation 3 of the Costs in Criminal Cases (General) Regulation 1986, a Crown Court may order one…

Under the second limb of R v Galbraith, a criminal case must be stopped where, taking the prosecution evidence at its highest, no properly directed jury could…

A public authority must address each material question expressly referred to it for decision. The court should not infer the answer to an omitted question from…

A housing-mix policy that regulates the development and use of land, or guides the determination of planning applications, falls within regulation 5(1)(a)(i)…

An extradition appeal may succeed where the appellant’s time in custody means that little or no sentence remains to be served in the requesting state. The…

Under section 13 of the Coroners Act 1988, an irregularity or other problem is only the gateway to the separate question whether a fresh investigation is…

On an appeal by case stated, the High Court may interfere with a Crown Court decision only where it was wrong in law or made in excess of jurisdiction. A…

Section 25 of the Extradition Act 2003 requires a fact-sensitive assessment of whether extradition would be unjust or oppressive, consistently with fundamental…

In financial restrictions proceedings, the court must balance public-interest immunity against the affected party’s right to a fair trial. It must first decide…

On an appeal under section 40A of the Medical Act 1983, the court applies the ordinary appellate test of whether the tribunal’s decision was wrong or unjust…

Where removal depends on whether a person is a British citizen or has a right of abode, that issue may justify judicial review rather than an out-of-country…

Immigration Rules excluding skilled-chef posts in establishments providing any take-away service were clear and unambiguous. The wording did not require the…

Immigration Rules excluding jobs in establishments providing any take-away service were clear and unambiguous. The exclusion applied whether take-away business…

For extradition purposes, a warrant satisfies the particularity requirement in Extradition Act section 2 where it identifies the relevant offence with…

On a statutory review of a planning inspector’s decision, the court must read the decision fairly, flexibly and as a whole. It must not subject individual…

In determining a planning appeal, the decision-maker need not always calculate a precise five-year housing land supply shortfall. The essential question is…

The common-law defence of insanity is of general application. It is not confined to offences requiring proof of mens rea. A defendant may possess the mens rea…

An appellate court hearing a statutory appeal from a professional disciplinary tribunal must respect the tribunal’s specialist expertise and its advantage in…

An airport coordinator is not required to allocate historic slots to an insolvent undertaking which has ceased operating air services and has no realistic…

For the purposes of para 55 of the National Planning Policy Framework, “isolated homes in the countryside” refers to homes which are physically remote from…

An interim suspension order may be extended under article 31(8) of the Nursing & Midwifery Order 2001 where the evidence establishes that continuation is…

The statutory follower-notice and accelerated-payment regimes require careful construction where a taxpayer relies on more than one ground of appeal and an…

An HMRC statement of legal interpretation can, in principle, create a legitimate expectation. It must be sufficiently clear and reliable in context. Reliance…

A magistrates’ court has no discretion to extend the statutory 21-day period for applying to state a case under section 111(2) of the Magistrates’ Courts Act…

A retired police officer is no longer amenable to case-to-answer determinations under the police misconduct regime. Police (Complaints and Misconduct)…

Where detention is unlawful because of procedural unfairness, the defendant must prove, on the balance of probabilities, both that the claimant could lawfully…

Recall of an indeterminate-sentence prisoner requires reasonable grounds for finding a licence breach and a conclusion that recall is necessary to protect the…

The refusal of an adjournment following late disclosure is reviewable as an exercise of discretion. An appellate court will intervene only where no reasonable…

A nominated justices’ legal adviser may adjourn a criminal trial under Criminal Procedure Rules rule 3.5(2)(f), including after a contested application. The…

When a planning application is amended, the substantive question whether the amended development remains substantially the development originally proposed is…

A certificate permitting removal pending an appeal must address the statutory question whether removal would breach the Human Rights Act 1998, not merely…

For the purposes of the private-hire-vehicle licensing regime, “operate” is a statutory term of art. It concerns making provision for inviting or accepting…

On a statutory appeal from a valuation tribunal, the High Court should not interfere with factual findings unless there is a patent error of law or the…

Damages for false imprisonment are assessed by asking what would probably have happened if the tort had not been committed. Nominal damages are appropriate…

The Secretary of State’s power to direct a Special Health Authority is broad. It may permit different provision for different classes of case, including in the…

Where an appellant has insufficient notice of an appeal hearing and cannot attend for reasons not attributable to the parties, proceeding in the appellant’s…

In an extradition appeal under section 21 of the Extradition Act 2003, the court must balance the interference with article 8 rights against the public…

In extradition proceedings, a court assessing whether a European Arrest Warrant complies with section 2 of the Extradition Act 2003 may consider all admissible…

Compulsory motor insurance legislation may lawfully limit the users or uses insured, provided that victims of genuinely uninsured or unidentified drivers…

In a planning challenge involving air quality, an inspector is not required to assume that national or local measures will secure compliance with statutory…

Extradition may be barred where a requested person’s physical condition creates a real risk of particular, distinct and severe hardship in detention. The court…

Compensation under section 90 of the Anti-Social Behaviour, Crime and Policing Act 2014 is distinct from costs. The costs principles protecting public…

Planning officers’ reports must be read fairly and as a whole, with reasonable benevolence. The court asks whether the report materially misled the…

On a submission of no case to answer, magistrates must determine whether the prosecution evidence could support the necessary findings. They must not finally…

A statutory consultation must be fair in its statutory context and linked to its purpose. For a consultation under Immigration Act 2016, s.67, the Secretary of…

On an extradition appeal, fresh evidence may be admitted where it was unavailable at the extradition hearing, or where admission is necessary to avoid a breach…

The statutory definition of “poppy straw” is limited by the requirement that the relevant parts of the opium poppy must be “after mowing”. “Mowing” bears its…

In immigration and Article 8 decision-making, procedural fairness requires effective participation in the process as a whole. The affected person must have a…

For the purposes of s 20 of the Extradition Act 2003, the central question is whether surrender would breach the absent defendant’s fair-trial rights. The…

For the purposes of Animal Welfare Act 2006, s 8(1)(h), a person may keep or train an animal through another person. “Keeping” is not confined to physical…

A curfew may be imposed as a condition of immigration bail where it is authorised by the statutory bail power. The power is not limited to conditions securing…

For the purposes of a TPIM, terrorism-related activity is deliberately defined in wide terms and need not amount to a criminal offence. Conduct which gives…

Immigration detention remains lawful where there is a realistic prospect of removal within a reasonable period, assessed flexibly and by reference to the facts…

Professional regulators and universities may regulate a trainee’s public personal conduct, including social-media speech, where it may affect public confidence…

Political agreements concerning parliamentary support and the formation of government are not ordinarily justiciable. Where expenditure commitments are subject…

An appeal from a professional disciplinary tribunal is a rehearing without hearing the evidence again. The appellate court must respect the tribunal’s…

On an extradition appeal, the court must assess proportionality in light of material developments since the lower court’s decision where those developments are…

A Part 1 European arrest warrant may be supplemented by further information where the warrant identifies the convictions, sentence and composite basis of that…

A sponsor licence may be revoked where repeated failures show that the sponsor lacks robust processes and poses a threat to immigration control. The Secretary…

Article 62 of Regulation 1107/2009 is an exception to the general protection given to test and study reports, so it must be interpreted strictly. A…

When deciding whether to extend an interim professional suspension order, the court applies the same criteria as when making the original order. It must…

Although an appeal by way of case stated from an interlocutory decision of magistrates will generally be outside the High Court’s jurisdiction, the court may…

Under section 12 of the Extradition Act 2003, double jeopardy may arise either where the later charge is the same offence or where it is founded on the same or…

United Kingdom legislation is presumed to operate territorially unless its language, purpose or subject matter clearly indicates otherwise. That presumption…

A suspended inquest may be resumed where the senior coroner considers there is sufficient reason to do so. The statutory test is not whether the facts of the…

A professional disciplinary tribunal applying the two-stage R v Ghosh test must assess both the respondent’s conduct and the respondent’s state of mind. A…

The High Court has no jurisdiction to judicially review a Crown Court decision on bail between conviction and sentence where the decision is a matter relating…

Extradition engages the returning state’s Convention responsibilities where substantial grounds establish a real risk of treatment contrary to Article 3, or of…

A European arrest warrant may be validated by supplementary information which supplies missing particulars, provided the information establishes the warrant’s…

A domestic violence claim is not necessarily a human rights claim. Whether it is one depends on the facts and on whether the claimant asserts facts capable of…

Under paragraph 353 of the Immigration Rules, the Secretary of State must first decide whether further material is significantly different from the material…

In an extradition appeal raising family-life rights, the court must assess proportionality by balancing the effect of extradition on the family against the…

An interim suspension order may be extended where the statutory criteria applicable to the original order remain satisfied. The court must consider public…

Article 8 applies to the retention, disclosure and use of criminal-record information. A disclosure or vetting scheme must contain safeguards that permit the…

Where a specialist statutory tribunal has jurisdiction substantially overlapping with judicial review, the High Court should ordinarily refuse permission for…

The power to re-open a final appeal under Civil Procedure Rules 1998, rule 52.30, is a remedy of last resort. It is available only where re-opening is…

On a regulator’s appeal against a disciplinary sanction, the court applies the ordinary appellate test while respecting the tribunal’s expertise to the degree…

In an extradition case engaging Article 8, the court must balance the public interest in extradition against the individual and family circumstances, giving…

For dual criminality, the court examines the conduct described in the European arrest warrant and asks whether that conduct would constitute an offence in the…

Extradition may be disproportionate under Article 8 where the requested person’s mental illness, and the likely interruption of effective treatment, create…

When deciding whether to extend an interim suspension order imposed to protect patients and the public, the court must balance the risks and public interests…

On a statutory appeal from a professional disciplinary decision, the court examines whether the tribunal erred on the facts, evidence and material available to…

The court may dispense with service where exceptional circumstances show that service would create a risk of harm substantially beyond the ordinary distress…

When deciding whether to extend an interim suspension order, the court applies the same criteria as for the original order. It considers the protection of the…

Under para. 90 of the National Planning Policy Framework, the reuse of a permanent and substantial building in the Green Belt is not inappropriate development…

A local planning authority may use its default powers under Town and Country Planning Act 1990 s 178 to secure compliance with an extant enforcement notice.…

For mandatory licensing of houses in multiple occupation, the qualifying storey calculation is governed by Article 3 of the Licensing of Housing of Multiple…

A person served with a requirement under Road Traffic Act 1988, section 172, bears a personal responsibility to provide the police with information identifying…

Statutory guidance on immigration detention must address all persons who are particularly vulnerable to harm in detention. A guidance document which makes an…

Where a planning inspector has assessed a housing-land shortfall and the Secretary of State later relies on new evidence producing a different factual range…

Where judicial review proceedings achieve their primary objective before determination, the claim may be withdrawn as academic. A proposed amendment to add…

When assessing a medical practitioner's fitness to practise, a tribunal must balance all three elements of the statutory public interest: public safety, public…

Accommodation under section 21 of the National Assistance Act 1948 is a last-resort duty. The question whether care needs can be met otherwise than by…

A blanket prohibition on assisting suicide may interfere with the right to respect for private life under Article 8(1), but remain justified under Article…

Relief from sanction in judicial review proceedings is governed by the same disciplined approach as in other civil litigation. The court must assess the…

When assessing an indeterminate-sentence prisoner’s suitability for open conditions, the Parole Board must genuinely balance the risks and benefits of…

Under Coroners Act 1988, the court may quash a previous inquisition and order a fresh investigation where there are new facts or evidence and the interests of…

When a judge issues a search warrant under Police and Criminal Evidence Act 1984, reasons should ordinarily be given. Their absence does not automatically…

At the permission stage, a judicial review claim is arguable where a local planning authority may have treated permitted development rights as arising despite…

A planning permission granted under section 73 of the Town and Country Planning Act 1990 must be interpreted objectively in its statutory and documentary…

On an appeal from a professional disciplinary tribunal, the court must give appropriate respect to specialist professional judgment, but may intervene where…

Town and Country Planning Act 1990, section 70C, prevents repeated consideration of the same planning merits through an enforcement appeal and a later planning…

A listed building enforcement appeal is not ordinarily the vehicle for challenging the lawfulness of the original listing. The statutory scheme provides…

For the statutory passage-of-time bar to extradition, a convicted person becomes unlawfully at large when a lawful sentence is imposed. The person’s knowledge…

Applications under Acquisition of Land Act 1981, section 23, engage ordinary public-law principles. A procedural breach permits relief only where the claimant…

Where a public authority has failed to comply with court orders and seeks permission to participate in an unlawful detention claim, the court must consider the…

Interim relief may be granted in a judicial review concerning the timing of deportation where the claim raises serious issues to be tried and the balance of…

The High Court may exercise its inherent jurisdiction to request clarifying information and admit further evidence from a respondent on an extradition appeal…

Dublin III depends on an application for international protection. That requirement, the lodging of the application and a take-charge request where the…

In reviewing a refusal to treat further representations as a fresh claim, the court applies the Wednesbury standard. The decision-maker must ask whether the…

The duty to provide after-care services under Mental Health Act 1983, section 117, is not triggered by every period of absence authorised under section 17. The…

Costs rules for environmental claims must provide effective access to justice and reasonable predictability as to both liability for costs and their amount.…

A private body operating a competent person self-certification scheme may fall outside judicial review where the challenged decision concerns contractual…

Practical regulatory guidance and policy documents must be interpreted objectively, in context, and with regard to their purpose, intended audience and…

The Secretary of State’s power under section 77 of the Town and Country Planning Act 1990 is a broad planning discretion concerned with who determines an…

Extradition is prohibited where substantial grounds establish a real risk of treatment contrary to article 3 ECHR. The court must assess the totality of the…

In a disciplinary hearing conducted by telephone, procedural unfairness is not established merely because the registrant could not see the tribunal or…

An enforcement notice is a nullity where, on its face, it is so ambiguous or internally inconsistent that the recipient cannot know with reasonable certainty…

In an extradition appeal under Article 8 of the European Convention on Human Rights, the court must balance the public interest in honouring extradition…

For an order stopping up or diverting a public right of way, the statutory necessity test asks whether the order is required in the circumstances to enable…

For the purposes of the exception in section 5(2) of the Public Order Act 1986, a “dwelling” ordinarily means the structure or part of a structure occupied as…

An appellant may bring only one appeal to the High Court against a particular decision of a Conduct and Competence Committee under the Health Professions Order…

A planning authority may reach a different conclusion on a revised application where the proposal has materially changed. A difference from an earlier decision…

Permanent exclusion for a first or one-off offence requires a clear finding that the conduct involved serious actual or threatened violence. It is the…

An extension of an interim suspension order may be granted where the court is satisfied that the applicable criteria for continuation of the order are met. The…

Immigration detention must be justified by the Secretary of State and exercised fairly, reasonably and for the statutory purpose of facilitating removal. Where…

An extradition warrant satisfies section 2 of the Extradition Act 2003 where, read as a whole and with permissible further information, it makes the accusation…

Detention in the Detained Fast Track is lawful only where the case appears suitable for a fair and quick decision. Screening and medical safeguards must…

In an extradition appeal based on Article 8 proportionality, the appellate court must decide whether the district judge’s balancing exercise was legally…

A coroner has a wide judgment as to the scope of an inquest and the witnesses to be called. Judicial review lies only where the decision was not reasonably…

A medical practitioner must maintain adequate insurance or professional indemnity cover for private practice. Completing an application form or payment mandate…

A petroleum exploration and development licence granted under the Petroleum Act 1998 is a grant of exclusive property rights, not merely an instrument governed…

Section 1(7) of the Bail (Amendment) Act 1993 does not automatically terminate a prosecution appeal merely because written notice was not served within two…

An inspection complaints procedure must provide a rational and fair opportunity for an effective substantive challenge to a defective inspection report.…

In professional disciplinary proceedings, dishonesty is a serious breach of professional standards, but a finding of dishonesty does not automatically…

A planning decision may be quashed under section 288 where the decision-maker applies the relevant policy irrationally or gives inadequate reasons on a…

When a person seeks a council tax reduction, the applicant must generally provide information within their knowledge or control that is needed to establish…

An NHS funding decision must apply the relevant policy according to its proper meaning and on a correct understanding of the evidence. “Clinical effectiveness”…

A finding of solicitor dishonesty will normally lead to striking off, but there is no blanket rule that dishonestly misleading the court makes striking off…

Judicial review of an expert regulator’s inspection will succeed only where the decision was legally irrational, procedurally unfair, or affected by apparent…

A planning decision may be unlawful where a matter capable of being material was ignored and no reasonable decision-maker would have failed to take it into…

A local planning authority must identify the substance of the planning issues it has decided, particularly where it departs from its officers’ recommendation…

On an appeal from disciplinary proceedings, the court may determine sanction rather than remit where it is fully informed, the misconduct is non-specialist…

In an extradition appeal based on fresh evidence, the High Court must determine the relevant statutory question for itself on all material then available. It…

For an application by a non-EEA extended family member under regulation 18(4) of the Immigration (European Economic Area) Regulations 2016, the requirement…

A court hearing a statutory professional-regulation appeal has inherent power to determine it in an absent party’s absence where that is necessary to exercise…

When assessing pharmaceutical provision, a decision-maker may consider both local demand and wider demand across the health-board area. An increase in wider…

In an extradition case involving prison conditions, the court must assess whether the individual faces a real risk of treatment contrary to Article 3 of the…

Customary international law does not automatically create criminal offences under the law of England and Wales. A new criminal offence may be created only by…

Compassionate release under section 30 of the Crime (Sentences) Act 1997 requires the Secretary of State to decide whether exceptional circumstances justify…

Immigration detention must be justified by the state. Under the fourth Hardial Singh principle, the Secretary of State must pursue removal with reasonable…

A statutory power conferred on a minister to vary the release test for existing IPP prisoners does not impose a duty to exercise it or to relax the test.…

A local authority holding open-space land on statutory trust must exercise its leasing powers consistently with the statutory purpose of public use and…

Letters of request for mutual legal assistance are confidential as a starting point and are not ordinarily disclosed to the court or an affected party.…

Extradition may be barred under Article 6 where there is a real risk of a flagrant denial of justice. The test requires more than ordinary procedural defects…

A professional disciplinary tribunal must exercise its powers to adjourn or proceed in a practitioner’s absence consistently with common-law fairness and…

Removal from association in an immigration removal centre is lawful only where it is necessary in the interests of security or safety, and necessary to prevent…

Judicial review of a national animal-welfare rule requires review of legality, rationality and relevant considerations, not a merits-based decision about the…

Where permission to appeal is sought on grounds conveniently considered by the Court of Appeal, the High Court may refuse permission and leave the application…

The Secretary of State has a wide, fact-sensitive discretion whether to consent to the transfer of a prisoner under an international prisoner-transfer…

On an appeal from a Valuation Tribunal on a question of law, the High Court does not rehear factual issues. Intervention is justified only where the tribunal’s…

Guidance issued under section 29 of the Counter-Terrorism and Security Act 2015 may address non-violent extremism where it risks drawing people into terrorism.…

In an extradition appeal, the court may refuse a further adjournment where the party has already had a proper opportunity to obtain evidence and further delay…

In an extradition case involving prison conditions, a clear and specific assurance that the requested person will be detained in a named prison may defeat an…

A striking-off sanction may be disproportionate where a practitioner has been repeatedly required to complete a return-to-practice course as a condition…

Article 14(2) of the Citizens’ Directive permits routine questions which obtain information relevant to an EEA national’s residence status. Verification is…

Under regulation 34(5) of the Council Tax (Administration and Enforcement) Regulations 1992, a billing authority may recover costs reasonably incurred in…

Under section 42 of the Senior Courts Act 1981, a civil proceedings order requires proof that the respondent has acted habitually, persistently and without…

An inspector determining a planning appeal must give participants a fair opportunity to address a material adjustment that the inspector proposes to make…

A planning authority using the Town and Country Planning Act 1990, section 73 may impose different conditions only if they could lawfully have been imposed on…

At a stage-one hearing concerning a possible wasted costs order, the court may confine the inquiry to allegations that are sufficiently supported to justify…

In a written-representations planning appeal, the Secretary of State may disregard material submitted after the statutory timetable, subject to a discretion to…

Immigration detention is unlawful once it becomes apparent that there is no realistic prospect of removal within a reasonable period. The assessment must…

In a Category A security review, an oral hearing may be required where the policy’s factors favouring a hearing are materially present. Relevant factors…

A decision following a Victim’s Right to Review scheme not to prosecute is subject to judicial review, but the grounds remain narrow. The court must respect…

A final order may be varied retrospectively in exceptional circumstances, having regard to finality in litigation and the need to prevent a second attempt to…

A defendant in criminal proceedings who is ultimately exonerated and has behaved properly may recover costs from central funds under section 16 of the…

A list of streets maintained under section 36(6) of the Highways Act 1980 need not possess the cartographic precision required of a definitive map and…

A statutory duty to consult trade unions with a view to reaching agreement requires good-faith consultation on the particular terms ultimately proposed. A…

A neighbourhood plan may be prepared and examined before an up-to-date Local Plan is adopted. The statutory test is whether it is in general conformity with…

In an extradition case engaging Article 3, assurances from a requesting state must be given in good faith, provide an objective basis for believing that they…

A local authority conducting a Children Act 1989 section 17 assessment must take reasonable steps to identify whether a child is in need and must assess the…

The statutory prevention-of-crime defence requires an imminent or immediate crime and a clear nexus between the defendant’s conduct and preventing it.…

On judicial review of a Police Appeals Tribunal decision, the question is whether the misconduct panel imposed a sanction outside the range of reasonable…

The existence of a right of appeal to the Crown Court against conviction of a summary offence is not an automatic bar to judicial review. Permission remains…

Under section 61 of the Local Government (Miscellaneous Provisions) Act 1976, suspension is a substantive and final sanction, not a holding measure pending…

A planning decision may be quashed where an inspector makes a mistake of fact which gives rise to unfairness. The mistake must concern an existing fact or…

On a challenge under Town and Country Planning Act 1990, an error of fact warrants quashing where it played a material, though not necessarily decisive, part…

When considering whether to issue a summons for a private prosecution, a magistrates’ court exercises a judicial function. It must be satisfied that the…

Regulation 5(4) permits a registration authority to give more than one reasonable opportunity to remedy a defective town or village green application. The…

The statutory duty to co-operate on strategic cross-boundary planning matters remains active and ongoing even where authorities have reached fundamental…

A marriage of convenience may exist despite a genuine relationship. The decisive issue is whether the marriage is entered into with the sole aim of securing an…

After statutory extradition proceedings have concluded, the Secretary of State must withdraw an extradition order only where there has been a material change…

A public authority applying a predictive risk-based policy must ask the correct legal question and make a reasonable inquiry, but need not investigate every…

Under art 23 of the Salvage Convention, the two-year limitation period begins when the salvage operations giving rise to the claim are terminated. Whether…

An interlocutory decision of a magistrates’ court may exceptionally be challenged before the Administrative Court where the issue has wider application, does…

A local authority may withdraw Children Act 1989 services when, following an age assessment, it decides that a young asylum seeker is an adult. The common law…

A neighbourhood plan may allocate land formerly used for mineral extraction if the proposed use does not conflict with, or prejudice compliance with…

The exercise of a statutory power by a public authority may constitute an abuse of power where it defeats a clear promise and is conspicuously unfair. The…

Judicial review of immigration decisions applies ordinary public-law principles. The 28-day overstaying period in paragraph 276B(v) is applied strictly…

Whether removal from association breaches Article 3 ECHR depends on the whole factual context. There is no automatic rule that a young person’s detention…

Section 19 of the Education Act 1996 requires alternative educational arrangements where, for a reason other than illness or exclusion, it is not reasonably…

A review of a TPIM under TPIMA 2011 requires separate consideration of whether Conditions A, C and D were met and continue to be met. Condition A concerns the…

A Care Act needs assessment must rationally identify an adult’s needs, assess their impact on well-being, address desired outcomes, and have regard to the…

Article 2 of the First Protocol requires a pragmatic, fact-specific assessment of whether a child has been denied effective access to the educational…

A public authority administering a public transport franchise may owe a public law obligation, arising from its published enforcement policy, to decide within…

A local authority may conduct pre-formal inquiries into alleged misconduct to determine whether a prima facie case exists and what action is appropriate. The…

Where the High Court refuses permission to apply for judicial review after an oral hearing, the applicant must seek permission to appeal from the Court of…

Judicial review is ordinarily a remedy of last resort. Where legislation provides a review and appeal scheme, the court must first identify its scope by…

Interference with religious manifestation under Article 9(2) requires justification by a legitimate aim and proportionality. Where the manifestation involves a…

Immigration detention remains subject to a presumption in favour of temporary admission or release. The decision-maker must consider all relevant factors under…

Planning judicial review claims must be brought promptly. The six-week period under CPR 54.5 reflects the need for certainty in planning decisions, and an…

The statutory priority given to the development plan is not displaced by a general presumption in favour of sustainable development. Under section 38(6) of the…

On an extradition appeal, the High Court may intervene only where the extradition judge ought to have answered a question differently and that answer would…

Whether land forms part of a dwelling’s curtilage is a question of fact and degree. The decision-maker must consider physical layout, ownership, and use or…

In applying section 38(6) of the Planning and Compulsory Purchase Act 2004, a proposal may accord with the development plan as a whole even though it conflicts…

Under section 69(1) of the Marine and Coastal Access Act 2009, the licensing authority must have regard to the need to prevent interference with legitimate…

In a professional disciplinary appeal, the court must correct material errors but should respect the specialist tribunal’s judgment and avoid conducting a…

On an appeal under section 289 of the Town and Country Planning Act 1990, the court reviews the legality of an inspector’s decision, not the planning merits.…

A statutory power to issue pension-scheme guidance must be exercised for the purposes of the pension legislation. Although non-financial investment factors may…

A legitimate expectation requires a representation that is clear, unambiguous and unqualified. Subsequent correspondence may remove any expectation arising…

When deciding whether development affects the setting of a heritage asset, a decision-maker must consider the full range of relevant attributes. Visual or…

Indirect discrimination in the provision of welfare benefits must be justified by reference to the particular group adversely affected. Parliamentary…

The court refused permission to apply for judicial review of immigration detention. The detained asylum casework process was materially different from the…

In professional disciplinary proceedings, dishonesty and want of integrity are distinct concepts. Dishonesty requires the requisite subjective element; want of…

In public law proceedings, costs remain governed by the ordinary civil procedure rules. The successful party is ordinarily entitled to its costs, but the court…

Article 6(2) is not engaged merely because civil election proceedings use language associated with criminal liability or apply the criminal standard of proof.…

On an appeal against a professional disciplinary sanction, the court must respect the expertise of the disciplinary tribunal. Absent an error of law…

For extradition to a state whose prison assurances provide less than 3m² of personal space, the Article 3 assessment must apply the cumulative approach in…

Continued immigration detention pending deportation remains lawful where there is a realistic prospect of removal within a reasonable period. The absence of a…

Sentences for contempt involving systematic fabrication of evidence must reflect the seriousness of conduct that interferes with the administration of justice.…

A statutory appeal from a professional disciplinary decision is neither a de novo hearing nor confined to ordinary judicial review. The appellate court may…

Part 2 of the Justice and Security Act 2013 establishes a self-contained scheme governing closed material procedures in civil proceedings, including judicial…

On an appeal under section 40 of the Medical Act 1983, the High Court exercises a distinct but secondary judgment. It must correct material errors of fact or…

A deficient European arrest warrant may be supplemented by further information to establish a lawful basis for extradition. A court must interpret the…

Immigration detention is lawful only where supported by statutory power, compliant with published policy and consistent with the Hardial Singh principles. A…

For the purposes of paragraph 3 of Schedule 2 to the British Nationality Act 1981, statelessness concerns whether a person actually has a nationality. The mere…

Paragraph 141 of the National Planning Policy Framework does not require a planning authority to disregard all public benefits associated with recording and…

In a planning judicial review, the court must distinguish construing planning guidance from applying it to the facts. A decision-maker need not recite guidance…

A police and crime commissioner may scrutinise a chief constable’s operational and other functions, but must respect the statutory framework of operational…

A certificate of entitlement to the right of abode, or the issue of a British passport, cannot create British citizenship or a right of abode where the…

A local housing authority’s allocation scheme may confer a discretion, rather than impose an obligation, to award welfare points. “Settled accommodation” is a…

Detention to secure a transfer under Dublin III is governed by article 28 even where the domestic power of detention is found in immigration legislation.…

Higher railway access charges based on the long-term costs of a specific investment may be imposed only where the infrastructure manager shows that the project…

Immigration detention pending removal under the Dublin II Regulation remains subject to the Hardial Singh principles. A period of detention is lawful where…

The General Medical Council may appeal under section 40A of the Medical Act 1983 against a tribunal's decision to give no direction, including where it has…

The Criminal Cases Review Commission exercises an important residual jurisdiction. Its predictive judgment as to whether a conviction would be upheld on…

A decision to vary leave to remain has no legal effect until valid written notice is given to the person affected. While an application remains undecided, a…

Contempt of court for false statements requires proof beyond reasonable doubt that the statement was false, materially interfered, or was likely materially to…

A series of operational mistakes by prison staff does not, without more, establish a systemic failure engaging the State’s general duty under Article 2 ECHR.…

Sections 19 and 20 of the Electricity Act 1989 do not prohibit an electricity distributor from requiring payment of connection costs in advance, whether in…

Immigration detention under a deportation order must be used only for the statutory purpose of removal or departure. The Secretary of State may not detain a…

A local housing authority which has completed its enquiries under Part VII of the Housing Act 1996 and communicated a final decision as to the duty owed…

Extradition to a European Union member state will breach article 3 of the European Convention on Human Rights only where there are strong grounds for believing…

A criminal conviction must be quashed where magistrates’ reasons create the impression that they may have applied the wrong burden or standard of proof.…

A public decision-maker must take reasonable steps to acquaint itself with relevant material, but the extent and intensity of inquiry remain matters for the…

Judicial review is a remedy of last resort. A claimant may not re-litigate legal or factual issues already decided in earlier proceedings unless there has been…

Permission to commence contempt proceedings based on an allegedly false statement should be granted only where there is a strong prima facie case, the…

A guilty plea indication under Magistrates’ Courts Act 1980, s.17A must be made personally by the accused. Counsel cannot give a binding indication on the…

When determining an application for development consent, the Secretary of State must apply the relevant national policy statements as a whole. For designated…

A Police Appeals Tribunal may substitute its own decision for that of a misconduct panel only after an appeal passes the gateway in Police Appeals Tribunal…

On an extradition appeal, the High Court asks whether the district judge reached the wrong decision, focusing on the outcome rather than treating every error…

A levy imposed under an international tax agreement may be received and retained by HMRC where domestic legislation gives effect to the levy’s consequences and…

When national planning policy creates a presumption in favour of sustainable development, the decision-maker must apply the prescribed balancing exercise and…

A local authority deciding whether to place a child for adoption under a placement order must act fairly. Procedural fairness is fact- and context-sensitive…

In extradition proceedings, assurances from the requesting state must be scrutinised for reliability, particularly where the person sought has previously…

Not every failure to act with integrity by a police officer amounts to gross misconduct. Under the Police (Conduct) Regulations 2012, gross misconduct requires…

In an extradition appeal, the court must assess the statutory bars as the primary decision-maker where the relevant points were not argued below. Conduct…

On an application for permission to challenge an enforcement appeal decision, the court considers only arguable points of law, not the planning merits or the…

A judicial review challenging central government funding for statutory deprivation of liberty safeguards must be brought promptly, particularly where it…

In screening Schedule 2 development for environmental impact assessment, the decision-maker must consider the relevant statutory criteria, including…

An appeal from a professional disciplinary tribunal is ordinarily by way of review, not rehearing. Apparent bias is assessed by asking whether the fair-minded…

An asylum claim for section 39 of the Extradition Act 2003 need not comply with prescribed formalities and may be made through a solicitor. It must…

A general civil restraint order may be extended for up to two years where the respondent continues to issue claims or applications that are totally without…

The meaning of “dwelling” under section 9(3)(a) of the Theft Act 1968 is ordinarily a question of fact for the tribunal of fact. A building does not cease to…

Green Belt policy is not modified by a national need for strategic rail freight interchanges. The fact that meeting a need may require development in the Green…

The student council-tax exemption depends on the normal requirements of the course, not on the hours an individual student actually spends studying. Additional…

A renewed application for permission to apply for judicial review must be brought within the applicable time limit. Where the challenged decision was made on…

Driving-licence holders have no immutable right to continue driving on the terms applicable when their licences were issued. Parliament or delegated…

For prosecutions under section 31 of the Animal Welfare Act 2006, the six-month period begins when the responsible prosecutor considers that the available…

A statutory appeal is the proper remedy for challenges to the substance or effects of a citizenship-deprivation decision where the statutory scheme assigns…

In closed-material judicial review claims engaging national security, Article 6 requires the court to identify what disclosure is necessary for a fair hearing…

The Financial Ombudsman Service’s compulsory jurisdiction extends only to complaints relating to a regulated activity, or an ancillary activity connected with…

When determining an application under Town and Country Planning Act 1990, a local planning authority must assess the whole proposal against the development…

A Town and Country Planning Act 1990 section 215 notice may address the condition and appearance of land, including a building’s external appearance. It…

A person who was a citizen of the United Kingdom and Colonies loses that status on Mauritian independence if they become a citizen of Mauritius, unless an…

Prison authorities must apply the Rule 39 and Confidential Access regimes consistently and in accordance with their legal purpose. Correspondence must be…

In planning decisions affecting children, their best interests must remain a primary consideration. The decision-maker must first identify the interests of the…

An appellate court may admit further evidence in extradition proceedings where the statutory conditions for new evidence on appeal are not met, if the…

Issue estoppel applies to findings made by a disciplinary tribunal. A later challenge is permitted only in the special circumstances recognised in Arnold v…

Dishonesty and lack of integrity are synonymous for the purposes of solicitor disciplinary proceedings. Both must be proved to the same standard, including the…

On an appeal against an extradition decision, substantial delay does not by itself make extradition unjust or oppressive. The relevant question is whether the…

In an extradition appeal based on Article 8 ECHR, proportionality is assessed by balancing the seriousness and likely impact of extradition against the public…

In extradition proceedings, assurances about Article 3-compliant prison conditions must provide a sufficient practical guarantee against ill-treatment. A…

On an appeal by way of Case Stated, the court determines the issues identified by the lower court on the facts found. New factual or legal issues that were not…

Planning policies must be interpreted objectively and in context, but their application commonly involves planning judgment. A strategic policy requiring…

Professional standards may regulate conduct outside working hours where that conduct may bear on fitness to practise, public confidence or professional…

On a review of a TPIM notice, the court applies judicial review principles to the Secretary of State’s assessment of involvement in terrorism-related activity.…

In a statutory planning challenge, the court will not re-evaluate the planning merits or the weight given to competing considerations. Where the local planning…

Disciplinary proceedings conducted by a private regulatory body may ordinarily be heard in private where its rules establish privacy as the starting point. An…

An NRM referral does not, by itself, make immigration detention unlawful or require consideration of an asylum claim to stop. The relevant guidance treats the…

The powers in Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 cannot be used to seize or detain instruments created by law enforcement agencies for the…

A public authority selling a publicly owned asset may determine the sale process and its objectives, subject to any applicable public-law constraints. Where…

An appeal against a penalty for failure to comply with an information notice does not permit the First-tier Tribunal to determine the notice’s validity. That…

A person lawfully sentenced to a determinate term of imprisonment generally cannot rely on Article 5(4) to challenge detention during that term. A broader…

A claim may be struck out where the claimant has effectively abandoned it and failed to comply with procedural requirements. In deciding whether delay or…

“Removal from association” under rules 45 and 46 of the Prison Rules 1999 means ending a prisoner’s opportunity to leave his cell and interact with other…

On an application to extend an interim suspension order in professional disciplinary proceedings, the court must be satisfied on the balance of probabilities…

Section 12A of the Extradition Act 2003 requires a two-stage inquiry. The requested person must first establish reasonable grounds for believing that the…

In an extradition appeal, a person subject to a suspended sentence who leaves the issuing state in breach of an obligation to notify the authorities may…

A housing allocation authority is subject to the Equality Act 2010 when designing and operating its allocation scheme. A priority awarded for paid work or…

In an extradition case involving a Council of Europe state, the presumption that the requesting state will comply with article 3 of the ECHR is rebuttable by…

Final orders may be varied or revoked under CPR Part 3.1(7) only on proper, exceptional grounds. The rule does not permit a judge to rehear an appeal from…

Where a claimant fails to comply with directions in urgent judicial review proceedings, the court should assess the default by applying the three-stage Denton…

An interim suspension order in professional disciplinary proceedings may be extended where the regulatory process has not yet concluded. The court should…

An appeal from a professional disciplinary decision is ordinarily by way of review. The appellate court may correct material factual errors, while giving…

Under Criminal Justice Act 2003 section 243, time spent detained abroad awaiting extradition counts towards a sentence only where the sentencing court has…

Criminal proceedings must be conducted in accordance with the Criminal Procedure Rules. Courts have a duty to use active and firm case management to identify…

A detained asylum process may lawfully proceed at speed, but requests for further evidence must be considered flexibly. An extension is required only where the…

Planning policies must be interpreted objectively as a matter of law, although their application to particular facts remains a matter of planning judgment. A…

A policy prospectus must be interpreted in light of its language and purpose, although policy statements should not be analysed as if they were legislation or…

Whether a settlement is a “village” and whether development amounts to “limited infilling” under paragraph 89 of the National Planning Policy Framework are…

A statutory regulator’s discretion must be exercised consistently with the purpose of its enabling legislation and for the benefit of the class whom the power…

A declaration of incompatibility concerning assisted suicide may be institutionally inappropriate even where the court has jurisdiction to grant one. The court…

A vehicle may qualify as a showman’s goods vehicle where its body or superstructure has been substantially and permanently customised to form part of the…

Under criterion C2 of the Home Office Crime Recording General Rules, a recorded crime should be cancelled only where the decision-maker is satisfied beyond…

A domestic duty of candour applicable to an ex parte search-warrant application should not be superimposed on an authority making a Letter of Request under the…

At the permission stage, the court asks whether there is an arguable case meriting full investigation and an oral hearing. Although expiry of a Dublin transfer…

Legal aid under the Access to Justice Act 1999 and Legal Aid, Sentencing and Punishment of Offenders Act 2012 does not extend to solicitors’ work preparing…

Immigration detention pending deportation remains lawful only while there is a realistic prospect of removal within a period that is reasonable in all the…

For dual criminality in extradition proceedings, the evidence must support the inevitable or only reasonable inference that the requested person was so…

Where proportionality is assumed to apply throughout the European Arrest Warrant process, an executing court may still rely on mutual trust between Member…

Costs in judicial review proceedings should reflect the outcome viewed overall. A claimant who succeeds on one ground may still be ordered to pay the…

An application for judicial review does not automatically suspend removal. Where removal directions have been issued, the legality of removal can ordinarily be…

The expression “locks cuts and works” in section 4 of the Thames Conservancy Act 1932 includes docks, basins and marinas. A marina connected to the Thames by…

A conviction under section 112 of the Social Security Administration Act 1992 does not invariably establish dishonesty for professional disciplinary purposes.…

For planning control in an English conservation area, the statutory definition of “building” ordinarily includes part of a building unless the statutory…

A local planning authority’s interim affordable-housing policy may constitute a development plan document even if described as guidance or a stop-gap measure.…

Under Article 6(3) of the Habitats Directive, possible cumulative effects must be considered at the screening stage as well as during any appropriate…

Immigration detention pending deportation must remain justified throughout the detention period. The Secretary of State must act with reasonable diligence and…

In an extradition appeal involving family and private life, the court must conduct a careful balancing exercise between the factors favouring extradition and…

In fitness-to-practise proceedings, a registrant’s retirement does not prevent the regulator from completing disciplinary proceedings. It is, however, a highly…

For the purposes of the double-jeopardy bar under the Extradition Act 2003, the relevant comparison is between the conduct constituting the extradition offence…

Interim relief against enforcement of accelerated payment notices or partner payment notices is not available unconditionally. It depends on evidence…

A professional tribunal must distinguish an unsuccessful factual denial from dishonesty. A finding that a doctor touched a patient, contrary to the doctor’s…

A further submission constitutes a fresh claim under paragraph 353 of the Immigration Rules where it contains material not previously considered and, taken…

An out-of-country statutory appeal is ordinarily an adequate alternative remedy to judicial review of a removal decision. Disputes about deception, expert…

On a professional regulatory appeal by way of rehearing, the High Court conducts a secondary review without hearing the evidence again. It must correct…

A European arrest warrant is valid under section 2(4)(c) of the Extradition Act 2003 where it gives sufficient particulars of the alleged conduct, including…

The Royal Prerogative power to withdraw a British passport remains available in terrorism-related cases. The existence of statutory powers under the Terrorism…

When deciding whether to extend an interim order restricting a registered healthcare professional’s practice, the court must balance: the gravity of the…

When deciding whether to extend an interim order suspending a professional registration, the court must balance the relevant factors. These include the…

When deciding whether to extend an interim regulatory order, the court must balance the seriousness of the allegations, the risk of harm to patients or the…

When deciding whether to extend an interim order suspending a healthcare professional’s registration, the court must balance the seriousness of the allegations…

When inappropriate development is proposed in Metropolitan Open Land, the decision-maker must identify harm to the land, including harm arising from…

In a procurement judicial review brought by a non-economic operator, standing depends on the purpose and structure of the procurement regime. A claimant must…

Class Q creates a qualified entitlement to permitted development for converting agricultural buildings into dwellinghouses. Whether a location is “undesirable”…

Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 requires traffic signs to provide adequate information…

On a renewed application for permission to appeal a planning decision, no arguable error of law was established. A planning committee may rely on a full…

In a planning appeal, an inspector’s reasoning must be read as a whole and in a practical manner. An express reference to a policy outside the development plan…

A doctor’s treatment of a person with whom he has a close personal relationship is not automatically wrongful or serious professional misconduct. The issue…

Under the Police (Injury Benefit) Regulations 2006, earning capacity is an objective assessment of what the pensioner is capable of doing and earning by reason…

A sponsor’s assessment of academic progression is not confined to the sponsor’s own academic judgment. The Secretary of State may conduct a substantive…

Paragraph 90 of the National Planning Policy Framework creates a category of development which is not inappropriate in the Green Belt, subject to preserving…

On an extradition appeal engaging Article 8, the court must carefully balance the effects of extradition on the requested person and family, including…

In a service complaint, a referral to the Defence Council or an appeal body concerns the whole complaint, rather than only the grounds relied on for referral.…

In an extradition appeal involving Article 8 family rights, the court must conduct a careful proportionality assessment. The welfare of an affected child is a…

For recklessness in an assault offence, the prosecution must establish the defendant’s subjective awareness of the risk of applying unlawful violence and that…

A licensing requirement affecting a fundamental freedom must pursue a legitimate public interest and be proportionate. The licensing authority may select the…

In disciplinary appeals under section 49 of the Solicitors Act 1974, the appeal is by way of review. The test for dishonesty is the combined subjective and…

Under Town and Country Planning Act 1990, an alternative site may be a material planning consideration. The court must determine whether it falls within a…

On an appeal against an extradition decision, an appellate court should be slow to interfere with factual findings based on oral evidence. Where a requested…

Where a European Arrest Warrant concerns a conviction, the statutory presumption in favour of bail does not apply. Bail may nevertheless be granted if proposed…

An accusation European Arrest Warrant may validly seek surrender for prosecution even though the investigation continues and further evidence or interviews…

Open justice is a strong common-law principle, but it is not absolute. A court may conduct a hearing in private, and restrict dissemination of evidence, where…

In an extradition appeal concerning a conviction in absentia, the question under section 85 of the Extradition Act 2003 is whether the requested person has the…

A statutory appeal from a professional disciplinary decision is conducted by way of rehearing, but the appeal court should interfere only where the decision…

A local authority assessing and funding adult social care must apply the Care Act 2014 objectively, while promoting the individual’s wellbeing and having…

An ombudsman determining a complaint under section 228(2) of the Financial Services and Markets Act 2000 must decide what is fair and reasonable in all the…

For an offence under Communications Act 2003, section 127(1)(a), whether a message is grossly offensive or menacing is an objective question of fact. The court…

A passport refusal is an exercise of the Royal Prerogative and is reviewable on ordinary public law grounds. It is generally lawful for the issuing authority…

Under Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015, prior approval concerns the whole proposed development. An…

Fairness in a planning inquiry requires each party to have a reasonable opportunity to address material issues, including issues emerging during the hearing.…

In extradition proceedings, passage of time will bar extradition under section 14 of the Extradition Act 2003 only where extradition would be unjust or…

A declaration is discretionary and should identify an established legal or factual position that serves a useful purpose. It should not be granted where the…

An ombudsman determining a complaint must assess what is fair and reasonable in the complainant’s individual circumstances. A finding that an investment…

In extradition proceedings, the Article 8 balance must account for the practical and cumulative impact of a second return to serve a sentence, including delay…

For the passage-of-time bar to extradition, the requested person must show that delay caused injustice or oppression. A generalised complaint about lost…

Judicial notice permits a court to perform straightforward metric conversions and arithmetical calculations. It does not permit the court to supply unproved…

When deciding whether to transfer an indeterminate-sentence prisoner to open conditions, the Secretary of State must consider the Parole Board’s recommendation…

Whether procedural fairness requires an oral hearing in a prisoner’s categorisation review depends on the facts and the importance of what is at stake.…

A local authority assessing the age of an apparently unaccompanied asylum-seeker must comply with applicable statutory guidance and treat the person as a child…

A magistrates’ court may revisit a decision to vacate a trial where the decision was materially influenced by misleading or incorrect information. Under…

Permission to introduce a very late, fundamentally new ground of judicial review should generally be refused unless the applicant shows both a sufficient case…

In an extradition appeal involving a child, the court must obtain sufficient, structured evidence of the child’s circumstances and views. Assumptions about the…

An interim suspension order may be extended only where the extension is necessary and proportionate to protect the public and the public interest. The court…

Judicial review is concerned with the lawfulness of a public authority’s identifiable decision. It does not enable the court to manage a prison or determine a…

A closure notice under Taxes Management Act 1970, section 28A, must itself make the amendments required to give effect to HMRC’s conclusions, including stating…

When advising on transfer of an indeterminate sentence prisoner to open conditions, the Parole Board must consider the case separately from release and make a…

A housing allocation scheme may give different priority to overcrowded applicants in the private and public rented sectors where the distinction reflects…

A fact-finding court’s reasons need not address every piece of evidence. They must explain sufficiently why the losing party lost, deal with any significant…

In extradition proceedings, Article 8 compatibility requires a straightforward balancing exercise between the public interest in extradition and the…

The Lord Chancellor’s powers under Part 1 of Legal Aid, Sentencing and Punishment of Offenders Act 2012 must be exercised within the statutory legal-aid…

When deciding whether to extend an interim suspension order, the court must balance protection of the public, the public interest and the registrant’s…

A regulator may conduct an initial assessment or triage before referring an allegation to a statutory investigating committee. Referral is required only where…

Under section 19 of the Prosecution of Offences Act 1985, an improper act is one that would not have occurred if the party had conducted the case properly, or…

Current statutory powers to prohibit teachers for misconduct may apply to conduct committed before the relevant legislation came into force, particularly where…

A local authority’s statutory duty to advertise a proposed disposal of open space depends on whether the land consists of or forms part of an open space when…

Exceptional case funding under Legal Aid, Sentencing and Punishment of Offenders Act 2012 depends on whether representation is necessary for effective…

An appellate court may admit further information or fresh evidence where the requirements identified in Szombathely City Court v Fenyvesi are met and the…

Article 14 of the ECHR may apply to statutory early-release arrangements because those arrangements affect the liberty protected by Article 5. Prisoners…

On an application concerning an interim restriction on medical registration, the court exercises an original statutory power, but should terminate or vary an…

Immigration detention must remain objectively justified under all four Hardial Singh principles. There is no fixed period or automatic red line: legality…

A site allocations plan need only be assessed against the adopted core strategy and its defined statutory and policy role. It need not quantify every…

A barrister’s duty to act with honesty and integrity applies to business-related activities, including a chambers marketing event. In this context, integrity…

Section 41B of the Child Support Act 1991 gives the Secretary of State discretion to reimburse, partly reimburse or refuse to reimburse a child-support…

The passage-of-time bar in section 14 of the Extradition Act 2003 is exceptional. Ordinary hardship caused by extradition is insufficient. The requested person…

An Office of the Independent Adjudicator reference is a statutory alternative dispute resolution procedure, but it is not coextensive with judicial review and…

In an extradition appeal, delay will not ordinarily assist a requested person who knowingly breached a suspended sentence and thereby became unlawfully at…

In a challenge to planning permission, an officer’s report must fairly inform an experienced planning committee of the material issues. It need not determine…

Immigration detention of a person with serious mental illness requires a practical, fact-sensitive assessment under Chapter 55.10 of the Enforcement…

In a statutory competition for a large casino licence, the licensing authority may assess the likely overall benefit to its area through a broad evaluative…

A solicitor on the roll remains subject to professional and regulatory duties and cannot avoid them by describing a private arrangement as an unregulated…

Applications under the 1973 immigration rules must be assessed on their merits and in the round. The factors identified in the rules are matters to consider…

On an appeal concerning extradition and Article 8 proportionality, errors in the lower court’s assessment of relevant factors do not automatically require the…

An applicant for naturalisation bears the burden of demonstrating good character under the British Nationality Act 1981. A refusal based on prolonged unlawful…

An extradition court must assess whether the requesting state presents a real risk that the requested person will be punished by reason of nationality by…

On an appeal under section 49(4) of the Solicitors Act 1974, the High Court has a broad discretion to make any appropriate order, including remitting sanction…

In an appeal against refusal of environmental permits, operator competence may be assessed by reference to a broad evidential picture, including past…

For double criminality, the court must identify the essence of the conduct and the substance of the alleged criminality, disregarding adventitious…

Judicial review will ordinarily be premature where the Government has not reached a final decision and the legal or factual circumstances relevant to the…

Departure from open justice requires strict justification. A party seeking anonymity must establish, by clear and cogent evidence, that non-disclosure is…

Where a public authority commits itself to reconsidering a matter, that commitment gives rise to a public law duty to carry out the reconsideration. If no…

Unincorporated treaties do not create enforceable domestic-law duties. Customary international law does not automatically become part of the common law where…

Under section 21A(3)(c) of the Extradition Act 2003, mutual legal assistance is not a less coercive measure to be assessed within the statutory proportionality…

For a conviction European Arrest Warrant, validity depends on whether the warrant, read as a whole, gives sufficient particulars of the offences and sentences…

An ouster clause may exclude judicial review where Parliament has used sufficiently clear language. Section 67(8) of the Regulation of Investigatory Powers Act…

The automatic-deportation regime for foreign criminals in the UK Borders Act 2007 does not apply to deportation decisions concerning EEA nationals made under…

For continuous lawful residence, a material interruption in immigration status prevents the required period from being established. The Secretary of State may…

A conditional caution is lawful only if every statutory pre-condition in section 23 of the Criminal Justice Act 2003 is satisfied in relation to the offence…

An arrest under section 24(5)(e) of the PACE 1984 requires both an honest belief that arrest is necessary for an identified statutory purpose and reasonable…

In extradition proceedings, a requested person is a fugitive only where the court is sure that the person was responsible for delay by fleeing, concealing…

When deciding whether a prohibited dog should be destroyed, the court must consider the statutory factors together and ask whether it is satisfied that the dog…

A statutory time-limit provision may suspend access to judicial review until the period specified by Parliament begins. Section 13 of the Planning Act 2008…

Under paragraph 353 of the Immigration Rules, further submissions constitute a fresh claim where they are significantly different and, taken with earlier…

Although the general rule is that the unsuccessful party pays the successful party’s costs, the court may depart from it where the parties’ conduct makes that…

A local authority may validly restrict mooring on its land to prevent obstruction of public access to a river and its banks. The practical effect on boat…

In a challenge to immigration decisions based on alleged TOEIC fraud, the Secretary of State bears the legal burden of proving deception. The court applies one…

A Secretary of State deciding whether to impose a teacher prohibition order must consider a professional conduct panel’s recommendation, but need not give it…

In examining a neighbourhood plan, the statutory basic conditions are distinct from the soundness test applicable to a local plan. Whether a plan is in general…

On an appeal against a teacher prohibition order, the High Court should respect the judgment entrusted to the Secretary of State. It should not substitute its…

A public body investigating a complaint must maintain an appropriate degree of independence and distance from those whose conduct is criticised. The…

A search warrant may identify a mobile phone or computer as the article to be seized, even where it may contain irrelevant, legally privileged or excluded…

On an appeal against a professional disciplinary sanction, the High Court performs a secondary judgment. It corrects material errors of fact or law and reviews…

A local planning authority has a wide discretion whether to take enforcement action, what action to take and when to act. Its decision is challengeable only on…

In an extradition case engaging Article 8, the court must balance the requested person’s private and family life against the weighty public interest in…

On an appeal from a professional disciplinary tribunal, the appellate court may use robust case-management powers to confine the issues and documentation to…

An appeal from the Solicitors Disciplinary Tribunal is a review. The High Court may intervene only where the decision was wrong or unjust because of serious…

A decision under section 10 of the Immigration and Asylum Act 1999 has no adverse effect on existing leave until the person is actually notified. Constructive…

An adjournment may be granted where medical evidence, although inadequate when considered alone, is materially connected with a genuine and unresolved issue…

Hardial Singh principle 3 requires a prospective assessment from the outset of immigration detention. The question is whether it is clear that removal will not…

Fast-track appeal rules are ultra vires where their structure creates an inevitable risk that a significant number of detained asylum appellants cannot present…

An appeal from a professional disciplinary tribunal is a review of whether the tribunal’s decision was wrong or unjust because of serious procedural or other…

A planning committee’s officer’s report must be read fairly and as a whole. Judicial review is warranted only where the report significantly misleads the…

On a statutory appeal from a Medical Practitioners Tribunal, the court applies the ordinary CPR Part 52 test: an appeal succeeds only where the decision was…

For the purposes of the Extradition Act 2003, the statutory definition of when there is no further possibility of an appeal against conviction is exhaustive in…

For the purposes of section 12A of the Extradition Act 2003, an issuing warrant may establish that decisions to charge and try have been made even though the…

Section 73 of the Town and Country Planning Act 1990 permits planning conditions to be varied, subject to the statutory restrictions concerning implementation…

Before committing a debtor for council-tax arrears, a magistrates’ court must conduct an adequate means inquiry in the debtor’s presence. It must examine…

Under paragraph 89 of the National Planning Policy Framework, the outdoor-sport exception applies only where development preserves Green Belt openness and does…

In deciding extradition bail, the absence of a presumption in favour of bail does not create a presumption against bail. The court must assess the real…

Under Part VII of the Housing Act 1996, a fresh housing application does not require the applicant to prove a material change of circumstances. The housing…

A development may be commenced for the purposes of Town and Country Planning Act 1990, section 56, so as to satisfy a commencement condition, even if later…

A statutory compensation scheme may use an exclusionary bright-line rule for applicants with unspent convictions, including where the rule leaves no discretion…

Where article 3 risk arises from non-state agents, a claimant must show both a real risk of proscribed ill-treatment and that the receiving state will not…

Where Parliament has created a comprehensive regulatory scheme with an internal decision-maker and a statutory appeal or rehearing, judicial review will…

Immigration detention must be reviewed against the circumstances and information available when each decision is made. A Rule 35 report need not prove torture…