High Court: Administrative Court judgments, 2018

When assessing a shortfall in the supply of deliverable sites, a decision-maker need not invariably calculate the precise numerical deficiency. The necessary…

Extradition must be refused where there are substantial grounds for believing that the requested person faces a real risk of treatment contrary to Article 3 of…

For a wasted costs order, the court must establish that costs were improperly, unreasonably or negligently incurred. Costs are not wasted merely because the…

A local authority has a discretion under regulation 6, line 7(c), of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996…

A regulator may require licensed energy suppliers to participate in a market trial designed to address an identified adverse effect on competition, provided…

For an offence under section 4A of the Protection from Harassment Act 1997, the prosecution must prove that stalking actually caused the complainant to fear…

The court has an inherent jurisdiction to order non-party access to documents used in proceedings where this is required to give practical effect to open…

The GMC’s regulatory process is not frozen when an allegation has been referred to an Investigation Committee. Later evidence may expand the particulars of an…

The Attorney General’s superintendence of prosecuting authorities does not require a separate investigation whenever a serious prosecution collapses. Decisions…

In a professional disciplinary appeal, a conviction for serious criminal conduct may be taken at face value, even where the conviction was obtained abroad and…

An immigration application must be determined within a reasonable time. There is no fixed period. The assessment depends on the circumstances, including…

The jurisdiction of a tribunal to review or set aside its concluded decisions depends on the proper construction of its enabling legislation and procedural…

Extradition to Russia is barred where substantial evidence establishes a real risk of serious violations of Article 3 in pre-trial and post-conviction…

In determining a retrospective planning application, the authority may assess the development as built, but must still apply the same legal and policy…

Further information supplied under the extradition framework may reduce the offences for which surrender is sought, provided the warrant remains sufficiently…

A local authority cannot use the Care Act 2014 to provide stand-alone accommodation or subsistence. Eligibility for care and support depends on needs arising…

In screening Schedule 2 development under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, the question is whether there is a…

An appellate court reviewing a disciplinary panel must apply the statutory appeal test and should give appropriate weight to the panel’s specialist expertise…

A deception vitiated consent to sexual intercourse under the law applicable before the Sexual Offences Act 2003 only where it concerned the nature or purpose…

The destitution domestic violence concession is a limited policy remedy. It provides temporary leave and access to public funds for victims who have leave to…

Under section 14 of the Extradition Act 2003, passage of time bars extradition only where it makes extradition unjust or oppressive. The question focuses on…

In assessing whether a proposal accords with a development plan, the policies must be considered as a whole. Non-compliance with one policy or site allocation…

Damages for unlawful immigration detention must compensate the claimant for the loss of liberty and consequential injury to feelings. The assessment should…

For the deduction under regulation 40(7)(ii) of the Community Infrastructure Levy Regulations 2010, the relevant present and intended uses must match on the…

In a non- Middleton inquest, the statutory question of how the deceased came by the death is not confined to the medical cause of death. The coroner has…

A local authority must secure the special educational provision specified in a final Education, Health and Care plan. A plan remains effective as a final plan…

A public authority that consults on one group of proposals is not thereby required to consult on separate proposals in the same policy area. A common-law duty…

Disclosure in judicial review remains exceptional, but the court retains an independent power to order it where necessary for the fair and just disposal of a…

A local planning authority’s five-year housing land supply assessment involves planning judgment about whether sites are available, suitable and viable, and…

A traffic regulation order may be made where the authority is satisfied that it is expedient for one or more statutory purposes under Road Traffic Regulation…

A breach of a planning condition does not necessarily prevent implementation of the permission or render the whole development unlawful. The court must…

For the purposes of section 59 of the Building Act 1984, satisfactory provision for drainage may extend beyond pipes within a building or its curtilage. It may…

The police may record and retain information about suspected criminal conduct by a child where the information serves legitimate policing purposes, including…

Under section 70(1)(c) of the Local Government (Miscellaneous Provisions) Act 1976, licensing fees for hackney carriages and private hire vehicles may recover…

Under Coroners Act 1988, the discovery of new facts or evidence may justify quashing an inquest verdict and ordering a fresh investigation where this is…

Article 11 collective-bargaining rights do not extend to persons who are not in an employment relationship with the putative employer. For the purposes of limb…

For charitable rates relief, the hereditament must be used wholly or mainly in the actual carrying out of, or in a use directly related to, the charity’s…

On a submission of no case to answer, the question is whether, taking the prosecution evidence at its highest, a reasonable tribunal properly directed could…

In a regulatory appeal, an adjournment is not justified merely because a practitioner is unrepresented or fails to attend. The tribunal must balance fairness…

A positive obligation under article 8 to provide welfare support is exceptional. For an individual right such as privacy or physical and psychological…

In cash-forfeiture proceedings under the Proceeds of Crime Act 2002, there is no presumption that a successful private party will recover costs from a public…

A substantive legitimate expectation requires an assurance that is clear, unambiguous and devoid of relevant qualification, assessed objectively by reference…

Government may choose the statutory mechanism for protecting public service pension values, provided it acts rationally, takes relevant matters into account…

In a regulatory case alleging sexually motivated misconduct, the decisive issue is the accused professional’s state of mind. Serious allegations must be fully…

In proceedings concerning an interim order imposed on a doctor, the court exercises an original jurisdiction rather than conducting a statutory or judicial…

In proceedings concerning an interim order imposed on a regulated professional, the Administrative Court exercises an original jurisdiction rather than a…

On an appeal against revocation of indefinite leave to remain, post-decision evidence is generally relevant only if it bears on the statutory decision as made.…

Police accreditation decisions must be based on an operative and sufficiently clear policy. Where refusal may adversely affect political engagement or…

Paragraph 149 of the National Planning Policy Framework permits more than one lawful method of conducting its two-stage assessment. The decision-maker must…

In judicial review of a public funding decision, the court must assess whether the decision was one which a reasonable authority could reach. The…

A listing officer may correct a council tax valuation band under regulation 3(1)(b)(i) where, on the evidence available when the decision is made, the…

A constable may be acting in the execution of his duty while assisting an officer who is unlawfully detaining a person, where he reasonably believes that the…

In extradition cases alleging a real risk of treatment contrary to Article 3, the court must assess current conditions and may proceed on the basis of mutual…

Planning conditions must be interpreted objectively and purposively, by reference to their natural and ordinary meaning, the consent as a whole, related…

Offences under Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing Regulations 2015 may be offences of strict liability. The court must first…

In extradition proceedings, the adequacy of a diplomatic assurance must be assessed in the light of all information available to the court. A specific…

Under section 20 of the Extradition Act 2003, the issuing judicial authority bears the legal and criminal-standard burden of proving both deliberate absence…

Consultation fairness is fact-sensitive and is assessed by the court. A public body may ordinarily define the options on which it consults, particularly where…

A restriction on gambling services engaging Article 56 TFEU must be justified by proportionality, not merely by asking whether it is manifestly inappropriate.…

Under section 73 of the Town and Country Planning Act 1990, a planning authority may impose different conditions only if it could lawfully have imposed them on…

A stay of judicial review proceedings should be lifted where related complaints or appeals provide alternative and potentially more appropriate avenues for…

Professional disciplinary proceedings should be progressed promptly where a restriction on practice or suspension has remained in force for an extended period.…

The court granted a further four-month extension in disciplinary proceedings, but emphasised that a case involving a lengthy suspension and repeated…

A CCRC referral is governed by a predictive assessment of whether there is a real possibility that the conviction would not be upheld. In post- R v Jogee…

Dishonesty by a solicitor will almost invariably require striking off. A lesser sanction is justified only within a small residual category of exceptional…

Permission to challenge search warrants will be refused where the alleged non-disclosure could not reasonably have affected the issuing justice’s decision, or…

A commercial practice under the Consumer Protection from Unfair Trading Regulations 2008 may arise from a test purchase of a consumer product or service, even…

In an extradition case involving prison conditions, a finding that detention conditions in parts of a requesting state’s prisons create a general or localised…

On an appeal under section 40A of the Medical Act 1983, the court applies the ordinary appellate test. It may correct material errors of law, fact or…

Immigration detention pending deportation is lawful only while there is a realistic prospect of removal within a reasonable period. The assessment is…

A public authority cannot reduce support owed to potential victims of trafficking by disguising a policy change as correction of a contractual mistake. Where a…

Under the Inquiries Act 2005, the Minister has discretion whether to appoint additional inquiry-panel members. The statutory matters expressly requiring…

A regulator’s scientific or technical assessment is reviewable for legal error and irrationality, but judicial review does not permit the court to substitute…

In a challenge to a local plan, assessing objectively assessed housing need and distributing a neighbouring authority’s unmet need involve planning judgment.…

Immigration detention must remain justified on the evidence reasonably available at each stage. The reasonable period for detention depends on all the…

A sponsor licence is a privilege carrying exacting duties of accuracy, record-keeping and cooperation. The Secretary of State may rely substantially on…

Under paragraph 353 of the Immigration Rules, a fresh-claim decision involves two stages. The decision-maker must first identify whether the further material…

An outstanding appeal against refusal of an EEA residence card does not generally suspend removal under section 10 of the Immigration and Asylum Act 1999. A…

In a challenge under Town and Country Planning Act 1990, section 288, the court must review legality rather than planning merits. An inspector’s decision…

Information supplied for criminal case management identifies the issues and assists efficient trial preparation. It is not thereby evidence against the…

In assessing whether a local planning authority has demonstrated a five-year supply of deliverable housing sites, the decision-maker must determine whether…

A planning officer’s report must be read fairly and benevolently, but the court must intervene where it materially misleads the decision-maker on an issue…

The interpretation of an Article 4 direction is an objective exercise. The court asks what a reasonable reader, equipped with appropriate knowledge of planning…

Local planning policies must be construed as a whole. Supporting text may assist construction, but cannot modify or replace the wording of the policy. A policy…

Systemic or generalised deficiencies affecting judicial independence in an issuing Member State do not automatically require refusal to execute a European…

For non-domestic rating, the owner of an unoccupied hereditament is the person with an immediate legal entitlement to possession. A contractual obligation to…

In a statutory planning review, the classification of a measure as a planning benefit or as mitigation is not a rigid legal question. Mitigation may produce…

An ombudsman deciding what is fair and reasonable under Financial Services and Markets Act 2000 may apply broad, consulted regulatory Principles to the facts…

For Article 14 purposes, comparability depends on the precise context and purpose of the measure. An unmarried cohabitee of a pensioner member of an earlier…

In a successful judicial review, costs are ordinarily awarded to the party successful in the proceeding, even where the court did not need to determine every…

Article 5(4) requires the Parole Board to review post-tariff detention at reasonable intervals. The Secretary of State’s target date is an important starting…

When setting release-on-licence conditions, the National Probation Service must consider the released prisoner’s family life and any relevant safeguarding…

Where extradition depends materially on assurances concerning detention conditions, the decision should prominently record that reliance. A district judge need…

Judicial review relief is discretionary and should serve a practical purpose. A declaration may be refused where the claimant has already obtained the benefit…

For the purposes of Extradition Act 2003, an accused may be treated as deliberately absent from trial where valid service arrangements were maintained and the…

On a statutory appeal under the Extradition Act 2003, the High Court may discharge a requested person only where the lower court would have been required to…

An enforceable expectation of procedural consultation requires a clear, unambiguous and unqualified promise, assessed objectively and in context. Consultation…

Where temporary statutory provisions are repealed, an application made before repeal may preserve an inchoate or contingent right under section 16 of the…

A procedural failure in disciplinary proceedings does not deprive a tribunal of jurisdiction unless the governing instrument objectively shows that compliance…

A policy governing public funding may identify the circumstances that will ordinarily justify departing from a general funding position, including stringent or…

An appellate court will not re-evaluate findings of fact or professional judgment made by a specialist disciplinary tribunal merely because it would have…

Judicial review is not a substitute for an appeal or a means of attacking regular proceedings in another court. Although the High Court has a residual…

A challenge to a withdrawn decision is academic unless a live issue or effective relief remains. An asylum claim by an EU national is ordinarily inadmissible…

Reports to planning committees are not required to address every controversial issue as a reasoned decision letter would. Officers have judgment as to the…

An inability to cross-examine a complainant does not automatically make a criminal trial unfair. The court must assess whether a fair trial remained possible…

An appellate court should interfere with a refusal to adjourn only where the decision was wrong, in the sense that no properly directed tribunal could have…

In extradition proceedings, the adequacy of a foreign-state assurance must be assessed in the light of all available information, including the person’s likely…

Detention pending removal for breach of immigration conditions may lawfully begin before written notice of curtailment, provided there are reasonable grounds…

The Royal Prerogative power to cancel a British passport may be exercised where the holder’s past, present or proposed activities are reasonably suspected to…

Professional disciplinary sanctions are protective rather than punitive. The tribunal must protect the public, maintain the reputation of the profession and…

When deciding whether to try an accused in his absence, a magistrates’ court must assess the interests of justice in the whole circumstances. It must consider…

In an appeal by way of case stated, a conviction is lawful where the magistrates’ findings, read as a whole, establish each essential element of the offence to…

On an appeal from an extradition decision, the question is whether the lower court’s decision was wrong, not whether the appellate court might have reached a…

On an extradition appeal, the High Court may interfere where the district judge’s decision is plainly wrong because relevant factors were omitted, material…

In determining whether a judicial review concerning assisted suicide should proceed to a full evidential hearing, the court held that oral evidence and…

An appellate court may permit a European arrest warrant to be amended, including by narrowing the offences for which extradition is sought. The amendment may…

For the purposes of Article 14 read with Article 8 ECHR, the court must justify the discriminatory effect of a measure, rather than the policy considered in…

Section 17 of the Children Act 1989 gives a local authority a broad discretion to provide accommodation or other assistance for a child in need and the child’s…

A declaratory order should record the court’s conclusion on the application of the law to the facts actually determined. It should not purport to decide…

There is no statutory requirement that every stage of a commons registration authority’s decision-making process take place in public. A council may adopt a…

A charge under section 5 of the Public Order Act 1986 is sufficiently particularised where it identifies the time, place and person targeted, and makes clear…

An anonymity order is a derogation from open justice and an interference with the public’s Article 10 rights. Under CPR 39.2(4), non-disclosure must be…

In a nationality claim, the court must determine for itself, on the balance of probabilities, whether the claimant has the asserted status. The burden remains…

A court may make an unexplained wealth order where the statutory requirements are met at the investigative stage. A politically exposed person includes a…

A constable may arrest to prevent a breach of the peace where the person’s conduct, viewed in its factual context, makes violence sufficiently imminent.…

When deciding whether to adjourn a criminal trial, the court must balance the need for expedition against the accused’s ability to present a full defence. It…

A police decision to close a criminal investigation is lawful where the investigation is impartial, proportionate and pursues all reasonable lines of inquiry.…

On judicial review of a police misconduct panel, the court must respect the specialist tribunal’s factual findings and evaluative judgment, but may intervene…

An interim suspension order may be imposed where the available information establishes a real and serious continuing risk that a doctor will practise without…

Under section 36 of the Extradition Act 2003, the requested person’s right to apply for discharge crystallises when the required period has expired without…

A healthcare commissioning policy is lawful if it is realistically capable of implementation without leading to, permitting or encouraging unlawful acts. Where…

An appeal under section 289 of the Town and Country Planning Act 1990 is confined to legal error. The court must not reconsider the planning merits or…

For the purposes of referendum spending controls, an expense may be incurred by making a voluntary payment as well as by assuming a liability. A donation is…

A public authority may not justify a decision by relying on material reasons formulated only after judicial review proceedings have begun. Where reasons were…

A neighbourhood plan must be construed by reference to its expressed policies, read in context. An underlying aim or supporting justification does not…

In a challenge under section 289 of the Town & Country Planning Act 1990, an inspector’s planning decision must be read fairly and flexibly as a whole. A…

An application to extend time for an appeal to the High Court under regulation 43 of the 2009 Regulations is governed by principle. The court should apply the…

The extraterritorial reach of a statutory power depends on construction, informed by statutory purpose, context, international comity and sovereignty. Section…

A clinical commissioning group has a broad discretion when deciding how to commission health services and how intensively to investigate relevant factors.…

A claim to British Overseas citizenship based on birth in Aden is determined by the court as a question of precedent fact. The Secretary of State has no…

A person’s entitlement to British Overseas citizenship is a question of precedent fact. Where the statutory conditions confer status automatically, the…

Professional misconduct requires conduct of sufficient gravity. Trivial, inconsequential or excusable lapses do not qualify, and the assessment is not tied to…

A public authority’s decision on remuneration for publicly funded criminal defence advocates may be amenable to judicial review where it is a necessary core…

Information casting significant doubt on whether a proposed development can satisfy an outstanding planning condition may be a material consideration when…

An appeal against an enforcement notice is confined by the breach alleged in the notice. It is not equivalent to an appeal against refusal of planning…

A public authority allocating finite funds between groups sharing the same protected characteristic may balance support for existing recipients against…

The support duty owed to victims of trafficking requires assistance responding to objectively assessed individual welfare needs. It does not automatically…

A consultation on proposed administrative guidance need not reopen the underlying policy where the statutory duty to consult concerns guidance and the policy…

A Care Act needs assessment must address the adult’s individual needs, their impact on well-being, desired outcomes and whether care or other provision could…

A local authority facing acute financial pressure must still make library-service decisions by reference to its statutory duties and all material…

A planning authority must determine the application actually made, including any operational development on which the proposed use depends. The fact that part…

A planning authority’s obligation under its consultation statement to notify an objector of a committee meeting may be discharged by sending an email where the…

A delegated legislative power need not expressly authorise retrospective regulations if the enabling provision clearly confers that power. Whether…

A quasi-judicial body must be independent in fact and must appear independent to a reasonable observer. Parliamentary provision for ministerial sponsorship or…

A removal decision under section 10 of the Immigration and Asylum Act 1999 is lawful where the decision-maker rationally concludes that an applicant has no…

A Competent Authority must investigate a potential trafficking victim fairly and rationally. Where a person is missing, it may make a conclusive grounds…

Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires special regard to the preservation of a listed building, its setting…

When a local authority makes a significant, specific and financially rigid budget reduction affecting a defined group, relevant statutory and common-law duties…

A public consultation is unlawful where information pivotal to the justification and calibration of a proposal is withheld without good reason, and consultees…

Where a planning appeal previously determined after an inquiry must be re-determined following quashing, a further inquiry is the normal course under the…

For common-law dedication of a public highway, the decision-maker must assess the whole period and character of use, together with interruptions and the…

A screening opinion under the environmental impact assessment regime must address relevant environmental effects, including potentially significant…

A public authority which gives a plain and unequivocal assurance that it will consult before changing a substantive policy must honour that assurance unless an…

Where entitlement to British citizenship depends on whether an applicant is the person named in a birth record, the court must determine that identity issue…

Where subordinate legislation requires a nomination before a cohabiting partner can receive a survivor’s pension, the requirement must be read compatibly with…

Public authorities may be held to a legitimate expectation arising from clear, unambiguous and unqualified representations about how a statutory or…

Qualified one-way costs shifting under Section II of Part 44 of the Civil Procedure Rules applies automatically to proceedings consisting solely of a claim for…

A failed asylum-seeker who has made further submissions does not become an asylum-seeker for the purposes of Schedule 3 to the Nationality, Immigration and…

The forum bar applies where a substantial measure of the requested person’s relevant activity occurred in the United Kingdom and, having regard only to the…

A duty to consult may arise from legitimate expectation where there has been a promise, an established practice, or, exceptionally, a failure to consult would…

Letting and managing private residential accommodation for profit is a service for the purposes of the Services Directive where it constitutes self-employed…

A professional disciplinary tribunal must give reasons for imposing continuing restrictions on practice and must hear submissions on the proposed restrictions.…

An appeal from a valuation tribunal under regulation 43 of the The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009…

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires an evaluative judgment about the character and appearance of a…

The Waste Directive does not impose an absolute duty on a regulator to apply the waste hierarchy in descending order in every case. Articles 4 and 21 require a…

The question whether proceedings relate to the subject matter of a qualifying complaint under the Higher Education Act 2004 is an objective question of…

In judicial review of a planning decision, the court reviews legality rather than planning merits. Officers’ reports should be read with reasonable…

A regulator may adopt a high threshold when deciding prospectively whether a broadcaster remains fit and proper to hold a licence, given the serious effect of…

For a follower notice to be given, the asserted tax advantage is identified at the level of the claimed tax relief, rather than by reference to each statutory…

Part 4 of the Finance Act 2014 permits a follower notice where an appeal advances several grounds, provided one ground asserts a particular tax advantage…

The duty to make reasonable adjustments under the Equality Act 2010 requires the court to identify the relevant provision, criterion or practice, determine…

A delegated decision approving details required by a planning condition engages the duty to give reasons where the decision potentially affects an individual’s…

On an application for judicial review, permission should be granted where the proposed grounds cross the threshold of arguability. For interim relief against a…

On an application to retain unlawfully seized property, the court must apply the statutory criteria to the individual items and decide whether retention would…

The standard of proof for a conclusion of suicide at an inquest is the balance of probabilities, whether the conclusion is recorded in short form or…

In an indirect discrimination challenge to a social-housing allocation scheme, an exact comparator is unnecessary, but there must be at least an analogue or…

The statutory power to provide bail accommodation is coupled with a duty to operate the relevant policy fairly, rationally and in accordance with its terms. A…

Imprisonment in a foreign jurisdiction may interrupt the continuous residence required for permanent residence under the EEA Regulations. A tribunal’s…

On an appeal against a professional disciplinary sanction, the High Court must respect the specialist tribunal’s expertise and should not substitute its own…

On an appeal under section 79 of the Town and Country Planning Act 1990, the Secretary of State has a discretion to determine whether an application is valid…

Under regulations 13 and 17 of the Criminal Defence Service (Contribution Orders) Regulations 2009, capital is identified by reference to ownership when the…

Supplementary information may remedy omissions in a European arrest warrant where the warrant is substantially complete and the omission is a lacuna. The court…

A decision not to prosecute is reviewable only in rare circumstances, but the court will intervene where the prosecutor materially misapplies the evidential or…

For the purposes of Article 2(2)(b) of EC Regulation 116/2009, whether cultural goods were lawfully dispatched from one Member State is determined primarily by…

The Secretary of State has a discretion, rather than a duty, to amend the 2050 emissions target under the Climate Change Act 2008. The discretion may be…

A public authority that undertakes a voluntary consultation must consult fairly within the scope it has chosen. It must explain the proposal and its reasons…

For an offence of wilfully obstructing a person exercising a statutory right of entry, the right must have been positively asserted. Voluntary admission for an…

Section 16 of the Road Traffic Offenders Act 1988 provides an evidential route for proving alcohol levels by documentary certification, but it is not…

For British nationality purposes, a statutory rule deeming a child’s father to be the mother’s husband at birth may provide certainty, but it cannot be…

National planning policy on valued landscapes must be read with the development plan. Where up-to-date development plan policies comprehensively implement the…

In extradition cases involving a recognised systemic risk of treatment contrary to Article 3 of the European Convention on Human Rights, a solemn individual…

A fair consultation must occur while proposals remain formative, give sufficient reasons for intelligent consideration, allow adequate time for responses, and…

An accusation European Arrest Warrant must identify, with the clarity required by section 2(4)(c) of the Extradition Act 2003, each offence for which…

Judicial review of a Criminal Cases Review Commission decision is confined to public law error. The court does not retake the Commission’s judgment or decide…

Section 70C of the Town and Country Planning Act 1990 is engaged by an objective comparison between the enforcement notice and the planning application. The…

Under section 106A of the Town and Country Planning Act 1990, the question is whether the obligation serves any useful purpose. The purpose need not be…

The Secretary of State may maintain cancellation of a British passport under the Royal Prerogative where the decision is directed to national security and…

A residence requirement in a social-housing allocation scheme must be justified by evidence addressing its discriminatory impact on affected racial groups. A…

Detention Centre Rules 2001 Rule 34 requires a physical and mental examination to be arranged for every detainee within 24 hours of admission. An examination…

In extradition cases, Article 3 requires substantial grounds for believing that the requested person faces a real risk of inhuman or degrading treatment.…

Applicants for search warrants must make full and fair disclosure of material facts, including information that might reasonably lead the issuing court to…

Under paragraph 89, bullet point [6] of the National Planning Policy Framework, limited infilling in a previously developed Green Belt site must satisfy two…

An application to set aside a liability order must satisfy the cumulative conditions identified in R (on the application of Brighton and Hove City Council) v…

For the offence under section 137(1) of the Highways Act 1980, obstruction is assessed by asking whether the defendant’s use of the highway unreasonably…

Immigration detention remains lawful only while it is reasonably necessary to fulfil the purpose of removal. The court must assess all relevant circumstances…

An environmental impact assessment is a dynamic process. The environmental statement is its starting point, but the decision-maker must consider the…

For the common-law offence of perverting the course of public justice, a lie told to an investigator is capable of constituting the actus reus where it has…

Rateable occupation does not require an independent commercial purpose beyond occupation itself. The applicable question is whether the four elements…

A development plan document creates a statutory trigger event where it identifies the land for potential development. Identification need not correspond…

A clinical commissioning group may lawfully commission an integrated health-care model involving a single provider, a long-term contract, extensive services…

Where an enquiry into a partnership return reduces losses allocated to a partner, HMRC may amend the partner’s self-assessment by reducing the allowable-loss…

The statutory scheme for recovering council tax liability orders under the Council Tax (Administration and Enforcement) Regulations 1992 is self-contained and…

An appeal from a professional conduct committee is concerned with whether the decision was wrong or unjust because of serious procedural irregularity. Even…

A public spaces protection order may address activities that adversely affect quality of life without a free-standing requirement that the effect be assessed…

A public regulator may owe a duty of fairness to an identifiable third party where it proposes to publish serious criticism capable of damaging that party’s…

A pre-submission local plan is not a relevant document whose validity is exclusively challengeable under Planning and Compulsory Purchase Act 2004, section…

Permission to amend extradition appeal grounds and adduce fresh evidence should be granted only where the proposed grounds are arguable and amendment is…

In an extradition case involving prison conditions, a general account of overcrowding is insufficient to establish a real risk of treatment contrary to Article…

A claim concerning nationality acquired automatically by operation of law is determined by the court as a question of precedent fact. The court must decide for…

An appellate court reviewing a professional disciplinary decision should show considerable deference to findings based on oral evidence. It should intervene…

The statutory naturalisation scheme contains separate requirements for lawful residence and good character. A statutory period during which an applicant must…

A development plan policy which identifies the locations where a particular form of development will be permitted may, by necessary implication, place…

The court may award costs that are incidental to judicial review proceedings under section 51(1) of the Senior Courts Act 1981. That jurisdiction can include…

Where a coroner is challenged in judicial review, costs do not ordinarily follow the event merely because the coroner loses. A coroner who assists the court…

A public decision-maker must make reasonable inquiries into a relevant factor before adopting it as the foundation for a policy decision. Assumptions…

For the purposes of paragraph 403(b) of the Immigration Rules, a British Overseas citizen who holds no other nationality may be a stateless person. The…

An expert regulator’s disagreement with a claimant’s assessment of complex technical evidence does not establish a failure to consider material considerations.…

An individual’s non-gendered identity falls within the concept of gender identification protected by Article 8. However, Article 8 does not presently require…

The public sector equality duty applies when a local planning authority grants outline planning permission. The outline stage may affect the content and scope…

Section 4 accommodation applications must be determined fairly, rationally and in accordance with the applicable policy. The duty does not require the…

Copied electronic data may constitute seized property under the Criminal Justice and Police Act 2001. In principle, its return may require deletion or…

A European arrest warrant may validly seek a convicted person’s return for a hearing deciding whether to activate a previously suspended custodial sentence.…

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

A detention decision founded on an unlawfully narrow definition of torture is unlawful. The court must assess the decision actually made; it cannot…

In medical-death cases, the enhanced investigative duty under Article 2 arises only where there is an arguable breach of the State’s own substantive obligation…

The abuse-of-process jurisdiction in extradition is residual and exceptional. A renewed request does not become abusive merely because an earlier request…

A welfare-benefit scheme does not discriminate merely because it replaces former disability premiums with a different structure of support. In social and…

Permission for judicial review should be granted where the proposed challenge is sufficiently arguable to pass the threshold under the CPR. At the permission…

Where immigration detention policy applies to detainees suffering from possible serious mental illness, the Secretary of State must undertake a practical…

Under regulation 9A of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, a…

Certification permitting an EEA national’s removal before an appeal is heard is lawful where removal would not make the appeal ineffective or cause a breach of…

Disclosure from proceedings involving sensitive national-security material is not ordered merely because the material may assist related family proceedings.…

A consultation is lawful where it gives consultees sufficient information to understand the proposal, the reasons for it and the response sought. It need not…

An appellate court hearing a professional disciplinary appeal must decide whether the tribunal’s decision was wrong, while giving appropriate deference to its…

Certification of an asylum claim under section 96(2) of the Nationality, Immigration and Asylum Act 2002 requires more than satisfaction of the statutory…

An appellate court should interfere with a specialist disciplinary tribunal’s case-management decision only cautiously. An application to stay or adjourn on…

In a challenge under section 288 of the Town and Country Planning Act 1990, the court must distinguish errors of law from challenges to planning judgment and…

Section 97(3) of the Trade Marks Act 1994 does not require forfeiture whenever the court is satisfied that a relevant offence has been committed. The words…

A public authority must exercise its statutory functions lawfully, even where compliance is more expensive or is thought to conflict with public safety. A…

An anonymity order under CPR rule 39.2(4) requires necessity. The test is demanding and must be established by clear and cogent evidence, balancing open…

A breach of the interim accommodation duty under Part VII of the Housing Act 1996 does not, by itself, establish a breach of Article 8. The court must assess…

The follower-notice regime permits HMRC to rely on either legal principles or reasoning given in a final judicial ruling. The statutory test is whether HMRC is…

A framework contract approved under a parliamentary expenses scheme must be interpreted in its contractual and regulatory context. Where it authorises legal…

The issue of a summons is a judicial function. A magistrate must consider whether the allegation discloses an offence, is timely and within the court’s…

Supplementary planning guidance may explain and supplement development-plan policy, but it cannot contradict that policy or operate as an unrestricted…

Appeals to the Crown Court under the Firearms Act 1968 are merits appeals, but must be conducted fairly. The appellant must receive reasonable notice of the…

On an appeal concerning costs, the court may interfere only for an error of principle, an improper approach, failure to consider a material factor, or a…

An accusation European arrest warrant remains an accusation warrant when the requested person is subsequently convicted at first instance but has not been…

The Court of Appeal Criminal Division has jurisdiction under section 13 of the Administration of Justice Act 1960 only over orders made in the exercise of…

When fresh evidence is adduced on an appeal, the court should first decide whether the decision under appeal was erroneous on the evidence then available. Only…

Disclosure in judicial review is not automatic and is ordinarily unnecessary because the issues are legal rather than factual. The court may order specific…

For a prosecution under Terrorism Act 2000, Schedule 7, the prosecution need not routinely prove the factual intelligence or reasoning that prompted a lawful…

A parish council may investigate conduct informally or through mediation before deciding whether formal code proceedings are required. It cannot make a formal…

Where reliable material approaches an international consensus that a requesting state’s remand conditions expose prisoners to treatment contrary to article 3…

The statutory pricing regime permits flexible arrangements for NHS health care services. A service may include facilities, resources, bundled treatments and…

For accusation warrants, conduct constitutes an extradition offence where the statutory requirements concerning territoriality, corresponding domestic…

Where legislation provides both a search-warrant procedure and post-arrest powers of search and seizure, neither procedure generally has priority. The powers…

In a challenge to a planning decision, a fall-back position may be taken into account only if it is legally possible and likely to occur on the evidence. Its…

A local authority must comply with its statutory duties towards a vulnerable child in need. Once the evaluative criteria for accommodation under Children Act…

An appellate court reviewing a professional disciplinary decision must determine whether it was wrong or unjust because of a serious procedural or other…

A magistrates’ court may try a summary offence only where the information founding the prosecution was laid within six months of the offence, subject to any…

In assessing costs after an appeal, the court identifies the party who succeeded on the central issue, rather than treating a remittal or a limited procedural…

An appeal against refusal of an EEA residence card is non-suspensive. It does not suspend removal or detention where the person is otherwise removable…

In deciding whether to appoint additional members to a statutory public inquiry, the minister must take account of matters which the governing legislation…

Permission to bring judicial review may be refused where the claimant had, or still has, an effective alternative remedy, including a direct challenge to the…

Extradition is unlawful where the requested person faces a real risk of treatment contrary to article 3 of the European Convention on Human Rights. The risk…

Where entitlement to British citizenship depends on a disputed historical fact, the Administrative Court may determine that fact for itself on all evidence…

Immigration detention of an EEA national under regulation 24 of the Immigration (European Economic Area) Regulations 2006 must satisfy the individualised…

An information is laid when served in accordance with the applicable method under Part 4 of the Criminal Procedure Rules 2015. Handing an information to an…

In complex litigation involving closed material, an inadvertent disclosure of privileged passages may be corrected where the passages were disclosed in error…

Ownership of foreign immovable property is generally governed by the law of the country where the property is situated, particularly where the purchase…

For town or village green registration, use is “as of right” only where it is nec vi, nec clam, nec precario. Clearly visible signs, actually seen by a…

Judicial review of a County Court decision is a highly attenuated jurisdiction. It is not an alternative appeal route for correcting legal or factual error…

Immigration detention must be assessed by the court for legality, having regard to the Secretary of State’s policy and the requirement to consider reasonable…

Storage of waste pending recovery or disposal may remain a continuing waste operation, even after the original business has ceased and the waste is awaiting…

Where a statutory appeal or review will conveniently determine the factual and national security issues underlying a judicial review claim, the Administrative…

A decision not to prosecute is amenable to judicial review on orthodox public-law grounds, including illegality, irrationality and procedural impropriety. The…

In assessing viability and affordable housing, a benchmark land value must satisfy all three requirements in paragraph 023 of the National Planning Practice…

An application to extend time for filing a skeleton argument is akin to an application for relief from sanctions. The court should assess the seriousness and…

Where primary legislation is incompatible with directly effective EU law, disapplication is not automatically required with immediate effect. The court must…

A coroner may adopt a policy governing expedition and prioritisation, but it must remain flexible and permit relevant individual circumstances to be…

Judicial review assesses the lawfulness of a private regulatory body’s decision; it does not substitute the court’s view on the merits. Where a regulator has a…

In judicial review of a modern slavery decision, the court may apply anxious scrutiny by examining whether the decision-maker’s reasoning shows that every…

A solicitor’s professional duties to the court or tribunal apply whether or not the solicitor is formally on the record. A limited retainer cannot displace…

Failure to serve an immigration decision may prevent it acquiring legal effect, but the decision-maker may still consider the factual steps taken in reaching…

The court’s inherent jurisdiction enables it to regulate proceedings and address serious professional misconduct by lawyers. A legal practitioner’s paramount…

Where a medical practitioner has made a final decision that a police officer is disabled and that the disablement is likely to be permanent, that decision is…

Where land is acquired voluntarily while compulsory purchase powers exist and would be exercised if agreement fails, it may nevertheless be acquired under…

Primary legislation limiting child tax credit and universal credit to two children does not, merely because it may affect family income or family-size…

Immigration detention remains lawful where, viewed at the relevant time and without hindsight, there is a realistic prospect of removal within a reasonable…

In professional disciplinary proceedings, a tribunal may ordinarily proceed to sanction when a respondent who is aware of the hearing voluntarily fails to…

Judicial review is a remedy of last resort. Where disclosure disputes arise in pending Crown Court proceedings, the Crown Court will ordinarily be the proper…

When reviewing a search warrant issued under Police and Criminal Evidence Act 1984 section 9 and Schedule 1, the High Court asks whether it was properly open…

In a permission hearing for a statutory planning appeal under section 289 of the Town and Country Planning Act 1990, costs generally follow the event because…

An EAW complies with section 2(4)(c) of the Extradition Act 2003 where it enables the requested person to understand with reasonable certainty the substance of…

Standing under section 82(1) of the Environmental Protection Act 1990 is determined when the complaint is made. It is a question of fact and degree, assessed…

Article 2 ECHR does not invariably require disciplinary proceedings after a death involving state agents. An effective inquest, criminal investigation and…

A public-law error concerning certification of a human-rights claim does not automatically make immigration detention unlawful. The error must bear on, and be…

A local authority has a broad judgment under Anti-social Behaviour, Crime and Policing Act 2014, section 59, when deciding which activities in public places…

On a statutory appeal concerning professional re-admission, the applicant bears the burden of satisfying the regulator that he is fit and proper to practise.…

In extradition proceedings, the High Court may grant bail where it is satisfied that there are no substantial grounds for believing that the person would fail…

When deciding whether to grant bail pending an extradition hearing, the court must assess whether there are substantial grounds for believing that the…

Judicial review is ordinarily a remedy of last resort where Parliament has created a statutory procedure intended to resolve the dispute. A taxpayer…

A Parole Board release decision is subject to restrained judicial review. The court must not substitute its own risk assessment for that of the specialist…

A judicial review claim is premature where the public authority has not yet made a decision capable of review. A request for further information to assess an…

Objective criteria governing detention under the Dublin III Regulation must be mandatory and exhaustive, but they need not themselves establish that a…

A public authority may follow an unchallenged published policy governing reconsideration requests under the National Referral Mechanism where the request is…

A Part 1 European arrest warrant must contain accurate and sufficient particulars required by Extradition Act 2003, including the conduct, offence and relevant…

Standing in a dangerous-dog destruction application depends on the issue being contested. A person who has never owned, possessed or been in charge of the dog…

In a planning judicial review, a planning officer’s report must fairly inform committee members of the considerations material to their decision. The court…

On an extradition appeal, the appellate court must decide whether the district judge made the wrong decision, but the appeal is not a rehearing. Substantial…

Under section 4(2) of the Norwich City Council Act 1984, the Council’s obligation concerning the Cattle Market extends beyond the franchise to the land on…

Where a statutory disclosure scheme requires disclosure of all previous convictions recorded on central records, it is incompatible with Article 8 ECHR to the…

On a challenge under section 288 of the Town and Country Planning Act 1990, the court reviews legality, not the merits or weight of planning considerations. A…

A clinical commissioning group’s responsibility for continuing healthcare depends on the statutory scheme governing responsibility for the patient. Under…

Whether a Category A prisoner should receive an oral hearing on review of security categorisation depends on the particular facts and the lawful application of…

Permission to amend a judicial review claim may be refused where the proposed ground is advanced late and has no reasonable prospect of success. The court…

When reviewing a planning officer’s report, the court must read it fairly and as a whole, allowing for the knowledge of the committee and the flexible nature…

At the permission stage, a judicial review claim raises an arguable issue where a statutory spending regime may permit the same payment to be both a donation…

Permission for judicial review requires an arguable ground with a realistic prospect of success. Immigration detention of a recognised trafficking victim is…

A planning permission takes legal effect when the decision notice is issued, even if the notice contains a legal flaw. It is not ordinarily a complete nullity…

In an extradition appeal involving Article 8 ECHR, the public interest in giving effect to extradition requests is so strong that interference with private and…

A breach of a special treatment licence condition concerning age and written parental consent may be an offence of strict liability. The statutory presumption…

A local authority must address identified risks to children in need through continuing, evidence-based and properly co-ordinated action. It is insufficient for…

Under Extradition Act 2003, s 25, extradition is unjust or oppressive where the requested person is unfit to stand trial because of serious mental illness and…

The residual best evidence rule concerns the admissibility of documentary evidence. It does not govern whether a witness may refresh memory from a document…

When sanctions guidance clearly indicates erasure, a medical practitioners tribunal may depart from that course only for careful, substantial and case-specific…

Costs in judicial review remain governed by the general rule that the unsuccessful party pays, but CPR 44.2 permits an order reflecting substantial success on…

A regulatory tribunal may make findings about a non-party where those findings are necessary to determine allegations against parties within its jurisdiction.…

An appellate court reviewing an MPTS decision under section 40 of the Medical Act 1983 must respect the tribunal’s evaluative judgments unless legal or other…

For extradition, the dual criminality requirement is assessed by identifying the essence of the conduct alleged in the requesting state. Mere narrative…

Inadvertent disclosure of privileged material does not ordinarily amount to deliberate deployment or “cherry-picking”. Where the disclosure was accidental, the…

Legal professional privilege may be waived for a limited purpose without being waived generally. The scope of waiver is determined objectively by analysing the…

Procedural fairness in an administrative review is context-sensitive. The court must consider the statutory framework, the nature and purpose of the decision…

Financial advice must be characterised as a whole where regulated and unregulated elements form a single, inseparable activity. There is no mandatory bright…

Under Rule 9(5)(a) of the Police Appeals Tribunal Rules 2012, witness evidence may be adduced only in support of an appeal based on fresh evidence under Rule…

A restriction may be entered under section 42(1)(a) of the Land Registration Act 2002 to prevent unlawfulness in a disposition, including a breach of a…

A court may adjourn a judicial review hearing involving a litigant in person where unusual facts disclose reasonably arguable legal issues requiring expert…

A public authority’s decision concerning disposal of land under a statutory power is not automatically subject to the full range of public law controls merely…

A Prevention of Harassment Letter is a warning, not a finding that harassment has occurred or a formal caution. Its issue engages Article 8, including…

Immigration detention must remain justified throughout the period of detention. A high risk of absconding is important, but it does not automatically outweigh…

A search warrant properly obtained on reasonable grounds is not invalidated merely because later evidence suggests that information before the issuing court…

For an appeal by a requesting judicial authority under the Extradition Act 2003, the statutory seven-day period for serving notice on both the High Court and…

Under the cross-compliance regime, liability for a breach must be directly attributable to the farmer’s own intentional or negligent conduct. The regime does…

An extradition appeal concerning proportionality, injustice or oppression is not a rehearing. The High Court asks whether the district judge’s decision was…

Fairness does not require an oral hearing in every review concerning a post-tariff indeterminate sentence prisoner. The question depends on the issues…

In judicial review proceedings concerning a court or tribunal, every other party to the underlying proceedings must be identified as an interested party. In…

A statutory scheme requiring disclosure of spent convictions must contain safeguards permitting relevant distinctions and proportionality assessment. A blanket…

The statutory good-character requirement for citizenship registration requires an assessment of the applicant’s character as a whole. A criminal record may be…

A planning authority considering whether a proposal is a Schedule 2 development must first interpret the statutory expressions used in the Regulations. The…

Where general prison conditions create a real risk of treatment contrary to article 3, extradition may proceed if case-specific assurances reliably remove that…

Magistrates may state a case under Magistrates’ Courts Act 1980 section 111(1) where the defendant’s guilty plea has finally determined the offence, even…

In an appeal against a professional disciplinary sanction for dishonesty, the court must respect the expertise of the tribunal, but that respect is more…

A victim has a common-law right to request review of a Crown Prosecution Service decision not to prosecute. That right is not unlimited and does not require…

An appeal from a professional-discipline panel is ordinarily by way of review, not rehearing. The appellate court may examine factual findings and the…

A regulatory tribunal’s inferential finding of a person’s state of mind may be overturned where it is wholly contrary to the weight of the evidence or a defect…

Professional discipline is directed principally to maintaining public confidence in the integrity, probity and trustworthiness of the profession. Personal…

Under Article 23 of Directive 2008/50/EC, an air quality plan must be prepared for each zone where limit values are exceeded. It must aim for compliance by the…

In assessing noise from proposed development, national planning policy does not prescribe a single method of measurement or require reliance on average noise…

Respite care involving nursing and medical care for children with complex needs is a health service, even where parental respite is a principal purpose. A…

A conclusion that a proposed marriage is a marriage of convenience does not necessarily constitute a separate reviewable decision. The relevant question is…

“Repair” in a planning enforcement notice is context specific. Where the notice requires remediation of a breach affecting an entire building elevation, repair…

For the purposes of extradition, a requested person who has instructed a lawyer to represent him at trial may be treated as present, even if he did not attend…

Permitted development rights under Part 16 of the Town and Country Planning (General Permitted Development) (England) Order 2015 must be interpreted broadly…

A planning committee must address the material planning policies applicable to the proposal and provide intelligible reasons when granting permission contrary…

A breach of the requirement to summon an appropriate adult may materially affect the fairness of admitting evidence, particularly where the defendant is…

The Electoral Commission’s duty to maintain the register of political parties includes securing that existing entries continue to satisfy current statutory…

A material mistake of fact resulting in unfairness is available as a ground of judicial review of a decision on an application to adjourn a trial in the…

An accusation European arrest warrant does not become a conviction warrant merely because the requested person has been convicted at first instance. The court…

Immigration detention is unlawful where the Secretary of State lacks a lawful basis for detention, including where detention is maintained through a mistaken…

Under the EU pharmaceutical regime, the concept of a global marketing authorisation derives from the initial marketing authorisation and the continuity of its…

Under the Town and Country Planning (General Permitted Development) (England) Order 2015, exclusions from a class of permitted development help define the…

A university providing an accredited professional course may require applicants to disclose spent and unfiltered convictions and obtain an enhanced criminal…

Immigration detention is lawful only where it serves the statutory removal purpose and remains reasonable in all the circumstances. The Secretary of State must…

A local authority must provide a transparent personal budget within a care and support plan. A failure may be unlawful, but judicial review relief may be…

When deciding whether an applicant is fit and suitable for admission as a solicitor, fairness may require an oral hearing. This is so where material facts…

An extradition appeal may succeed where fresh evidence establishes substantial grounds for believing that the requested person faces a real risk of treatment…

In professional disciplinary proceedings, sexual misconduct is inherently serious and may justify erasure even for a first-time offender with a good clinical…

In assessing harm to a designated heritage asset or its setting, a local planning authority need not place the harm on a further spectrum beyond the…

Under sections 1 and 4 of the Localism Act 2011, a local authority’s purpose must be assessed by examining the overall purpose for which the challenged…

A licensing authority considering an application for a private hire vehicle driver’s licence must apply the statutory “fit and proper person” test. That test…

A failure to arrange the medical examination required by rule 34 of the Detention Centre Rules 2001 does not automatically invalidate immigration detention…

An extradition appeal asks whether the district judge’s decision was wrong. It is not a rehearing, and the appellate court need not identify a judicial review…

Before making an immediate destruction order for a dog involved in an aggravated offence, the court must consider whether public safety can adequately be…

An appeal against a teacher prohibition order is determined by considering all material available to the decision-maker and asking whether the decision was…

A detention regime may interfere with Article 9 where its practical effect requires detainees to practise their religion in conditions contrary to its…

An NHS foundation trust has power under the National Health Service Act 2006 to make occasional payments to in-patients. That power is limited to payments made…

An appellate court will not lightly interfere with a specialist disciplinary tribunal’s factual and evaluative findings, particularly where the tribunal has…

For partner payment notices, Condition B imports only the mechanics of the partnership-return test. The question is whether an increase or reduction in…

The scope of an inquest is determined by a coroner’s fact-sensitive judgment about whether an issue is sufficiently connected to the circumstances of the…

In a challenge to refusal of a Tier 2 sponsor licence, the ordinary rationality standard applies. The decision-maker’s specialist expertise does not prevent a…

On an extradition appeal, the statutory conditions governing fresh issues and evidence remain binding even where the defendant was unrepresented at the…

On an appeal against a sanction imposed by a Medical Practitioners Tribunal, the court must respect the Tribunal’s expertise but intervene where its decision…

In a certificate of lawfulness case, the local planning authority must identify the appropriate planning unit as a matter of fact and degree. The starting…

A local authority assessing whether a child is “in need” under Children Act 1989, section 17, may consider the family’s financial circumstances and access to…

On an appeal by case stated concerning an animal-welfare disqualification order, the reviewing court should intervene only where the order is unlawful or falls…

Immigration detention remains lawful where an in-country appeal against refusal of an EEA residence card has no suspensive effect, and the claimant’s asserted…

In extradition proceedings engaging Article 8, the court must balance the interference with the private and family lives of the requested person and family…

Under paragraph 353 of the Immigration Rules, further submissions must be assessed together with previously considered material. The question is whether they…

In extradition appeals under the Extradition Act 2003, the judge must analyse each episode of conduct said to constitute each foreign offence. The judge must…

On a statutory appeal from a professional regulator, the court must decide whether the decision was wrong and may give weight to an expert committee only where…

An appeal under section 40A of the Medical Act 1983 is a true appeal, governed by the ordinary test of whether the tribunal’s decision was wrong. The appellate…

A systemic judicial review challenge requires identification of an inherent feature of a public scheme which creates an unacceptable risk of procedural…

When deciding whether to recommend a life prisoner’s transfer to open conditions, the Parole Board must conduct the distinct balancing exercise required by the…

The common-law defence of self-defence, including defence of another, is available to a charge of wilfully obstructing a constable under section 89(2) of the…

In extradition proceedings, mistakes or administrative inefficiency do not by themselves amount to abuse of process. A stay requires cogent evidence that the…

National planning policy may be changed by a written ministerial statement, provided it does not frustrate planning legislation, introduce improper planning…

A local planning authority deciding whether a neighbourhood plan should proceed to referendum must exercise its own statutory judgment. It must consider the…

Under regulation 32(2) of the Police (Injury Benefit) Regulations 2006, a police pension authority must exercise its agreement power consistently with the…

At a review of a doctor’s suspension, the tribunal must first decide whether fitness to practise remains impaired. The doctor bears a persuasive burden of…

For council tax purposes, the appointment of Law of Property Act receivers does not, without more, place the mortgagee in possession of the property. Valid…

Fairness in planning consultation requires affected persons to have a proper opportunity to respond when late information fundamentally changes the proposal. A…

A vehicle keeper who cannot identify which of two possible people was driving fails to comply with the duty to identify the driver under Road Traffic Act 1988…