High Court: Administrative Court judgments, 2019

A non-statutory inquiry may be amenable to judicial review where its chairman is exercising a public function, but amenability is fact-specific. An inquiry…

In extradition proceedings on a conviction warrant, differences between the sentencing regimes of Member States do not ordinarily justify refusal of…

Paragraph 90 of the National Planning Policy Framework does not create a presumption of refusal or a tilted balance where a retail proposal is likely to have a…

In reviewing a planning committee’s decision, an officer’s report must be read as a whole, with reasonable benevolence and without undue legalistic rigour. The…

Schedule 17 to the High Speed Rail (London – West Midlands) Act 2017 imposes unusually restrictive limits on local planning control. A qualifying authority may…

There is no universal period within which an asylum claim by an unaccompanied child must be decided. The reasonable time required is case-specific. Delay does…

A charging scheme for NHS treatment may distinguish between patients who were ordinarily resident when treatment was provided and those who acquired that…

The absence of mechanisms equivalent to rules 34 and 35 of the Detention Centre Rules 2001 for immigration detainees held in prisons does not, without more…

Clinical guidance on gender reassignment surgery does not require clinicians to treat experience acquired in prison as equivalent to experience in the…

A defendant who has pleaded guilty may nevertheless challenge, on an appeal against sentence, the legality of a charge underlying a compensation order. The…

The court’s review of a decision by the Criminal Cases Review Commission is confined to ordinary public-law errors. The court must not retake the Commission’s…

In European Arrest Warrant proceedings, mutual trust between Member States creates a strong presumption that detention conditions comply with fundamental…

On an appeal under the Extradition Act 2003, the High Court may interfere with a magistrates’ court decision only where it was wrong. Findings of primary fact…

On a statutory appeal from a Medical Practitioners Tribunal, the High Court must not substitute its assessment of facts or sanction. It may intervene where the…

A challenge to the prohibition on assisted suicide based on Articles 8 and 14 of the European Convention on Human Rights was not arguable. The justification…

Section 12 of the Extradition Act 2003 does not bar extradition merely because the requested person has previously been convicted of an offence involving the…

A planning authority must ask the right questions, take reasonable steps to obtain relevant information, and consider material planning considerations. Where…

An appeal under Medical Act 1983, section 40A, is governed by the ordinary appellate test. The High Court may intervene where a tribunal has construed…

A statutory entitlement to apply for registration as a British citizen remains subject to a prescribed fee, and a first-instance judge cannot displace binding…

A consultation is not generally unlawful because the authority fails to identify every alternative to its preferred proposal. Fairness may require reference to…

In an extradition appeal, the court must assess all the circumstances when deciding whether passage of time makes extradition unjust or oppressive. There is no…

Under rule 5(2) of the General Medical Council (Fitness to Practise) Rules 2004, referral of a non-custodial criminal conviction directly to a Medical…

In judicial review of a planning permission, the court reviews legality rather than planning merits. A planning committee which grants permission against…

A development-plan policy must be interpreted objectively according to its wording, read with relevant supporting text. Supporting text may explain or justify…

Where development causes harm to a conservation area, section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that harm to be…

Under the Care Act 2014, a needs assessment must identify an adult’s needs without discounting needs that are currently being met by existing support or…

A planning guidance document that is expressly advisory and has not undergone the procedures required for formal policy may still contain material…

Section 14 of the Extradition Act 2003 requires the court to decide whether extradition, rather than the trial itself, would be unjust or oppressive because of…

The statutory special-measures regime for vulnerable witnesses governs the giving of evidence in criminal proceedings. It does not impose implied duties…

A judicial review of an NHS continuing healthcare decision should ordinarily target the final review decision where that process reconsidered the substance of…

An inspector’s costs jurisdiction is not governed by costs following the event. It arises only where one party has acted unreasonably and another has incurred…

Where a child is held under a valid authorisation under section 25 of the Children Act 1989, an urgent application for release by interim mandatory injunction…

For a second homelessness application to be treated as no application, the authority must be satisfied, from the application and accompanying material, that it…

Under paragraph 79 of the National Planning Policy Framework, whether homes are “isolated” is a matter of fact and planning judgment. The relevant question is…

A reconsideration of a conclusive grounds trafficking decision must apply the competent authority’s credibility guidance and anxious scrutiny with the same…

Retrospective tax legislation is not incompatible with Article 1 of Protocol 1 merely because it changes the tax consequences of earlier arrangements. The…

An extradition warrant satisfies the statutory requirement concerning service of a custodial sentence when, read as a whole, it clearly states that the…

A judicial review claim challenging a proposed exercise of statutory power is ordinarily premature where the relevant decision, instrument or legal event has…

A local planning authority must consider every relevant development-plan policy and assess the proposal against the plan as a whole. Policies addressing…

Recommendations by the First-tier Tribunal on social-care matters in an EHC Plan are non-binding, but a local authority must ordinarily follow them or give…

The High Court may judicially review an interlocutory decision in criminal proceedings, but will do so rarely, particularly once a trial has begun. The…

A local authority assessing whether a child in need requires accommodation under section 20(1)(c) of the Children Act 1989 must determine whether the…

On an appeal under Medical Act 1983 section 40, the High Court must respect the specialist tribunal’s assessment of witnesses and factual conclusions, but must…

A blanket policy deferring consideration of discretionary leave for a recognised trafficking victim until after determination of an asylum claim is unlawful…

Judicial review of a Police Appeals Tribunal is supervisory, not an appeal against undue leniency. The court must identify a public-law error. A PAT may…

A court should not issue a declaratory judgment on an abstract question where the parties identify no dispute requiring resolution. In public law, a court may…

An independent police complaints appeal body must reconsider the complaint and evidence afresh. Its review is not confined by defects or omissions in the…

A section 8 disclosure application concerning a type-approved breath-testing device requires a proper evidential basis. The evidence must address both how the…

In professional disciplinary proceedings, fairness in admitting evidence requires an objective assessment. Where late evidence is crucial, the tribunal should…

Sexual motivation means conduct pursued either for sexual gratification or in pursuit of a future sexual relationship. Inappropriate conduct must not be…

In judicial review proceedings, a claimant who establishes that a public body acted unlawfully is ordinarily the successful party for costs purposes, even…

A private commercial broadcaster’s editorial decision is not amenable to judicial review merely because it broadcasts to the public, operates under statutory…

A traffic authority making a traffic regulation order must be satisfied that the order is expedient for a purpose specified in the Road Traffic Regulation Act…

In an extradition appeal, nearly two decades' delay was a powerful factor in assessing proportionality. Where the requested person was not a fugitive, the…

Decisions on the recategorisation of Category A prisoners must comply with the applicable published policy and the common law requirements of procedural…

On an appeal against an extradition order, fresh evidence may be admitted where it was unavailable at the original hearing, directly concerns a material change…

Dishonesty by a medical professional is ordinarily likely to justify erasure because public protection includes maintaining confidence in the profession.…

The EU-law principle of effectiveness applies only where a claimant identifies a directly effective EU right. It does not convert a standstill clause into a…

On an application for permission to appeal against re-extradition, the High Court will not investigate the safety of the foreign conviction or act as an…

Academic judicial review claims should generally be refused unless there is a good reason in the public interest to determine them. Relevant considerations…

In reviewing Category A security classification, the decision whether fairness requires an oral hearing must be made by weighing the particular circumstances…

Detention of an asylum seeker falls within Article 28 of the Dublin III Regulation where it is used to secure a possible transfer under the Dublin procedure…

For the purposes of Extradition Act 2003, a requested person may be treated as deliberately absent from trial where his own conduct led to his being unaware of…

An order made without a hearing under CPR rule 3.3(4) may be set aside, varied or stayed under rule 3.3(5) on a lower threshold than applies to an order made…

On a challenge to a warrant issued under Police and Criminal Evidence Act 1984, the High Court may use a closed material procedure where Parliament has…

A statutory consultation duty owed to representative bodies is distinct from a general public consultation. The decision-maker must identify the relevant…

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

Where a regulatory body investigates institutional malpractice and proposes personal sanctions against a responsible office-holder, it must distinguish the…

A rule preventing appeals-rights-exhausted prisoners subject to deportation orders from being transferred to open conditions engaged article 14 because it had…

Section 18(2)(c) of the Commissioners for Revenue and Customs Act 2005 permits HMRC to disclose information for civil proceedings concerning a matter within…

A court may assess compatibility under the Human Rights Act 1998, but its constitutional role does not give it special expertise or legitimacy to resolve…

An adopted policies map is a local development document, not a development plan document or part of the local plan. Its function is to illustrate…

A public authority may use first responders or support providers to triage requests to reopen a negative trafficking decision, provided the competent authority…

For prior approval under Class Q, a local planning authority must consider whether the building’s location or siting makes residential conversion impracticable…

Permission to seek judicial review of a refusal to fund a proposed Supreme Court appeal depends on whether the proposed grounds are reasonably arguable. The…

A public consultation must give consultees a fair opportunity to address the issue before the decision is made. That requires sufficient information, expressed…

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…

A prisoner’s categorisation may be reviewed where new information indicates that the existing security category may be unsound. A policy referring expressly to…

The court has a wide discretion to terminate a litigation friend’s appointment. The relevant questions are whether the person can fairly and competently…

An NHS contract is an arrangement which, whether or not it would otherwise be a contract in law, creates no contractual rights or liabilities. Interest…

In reviewing decisions made by an inquiry chairman, the Administrative Court should be very slow to find an error of law or irrationality. The intensity of…

Under section 55(2)(a)(ii) of the Town and Country Planning Act 1990, the decision-maker must identify the relevant building and then assess whether the works…

A local authority may owe a duty to reassess an age determination where new information means that a significantly different conclusion might be reached and…

A planning authority must address a material consideration identified by the evidence and relevant policy. The risk that a proposal may cause the loss of an…

The Domestic Renewable Heat Incentive Scheme Regulations 2014 confer a broad residual power to require further information, including a new Energy Performance…

In an extradition appeal involving Article 8 family-life rights, proportionality requires assessment of the effect on the family unit as a whole. The court…

The forum bar under the Extradition Act 2003, section 83A, requires a narrowly confined statutory interests-of-justice assessment. After deciding that a…

A statutory review of a traffic management order is confined to public-law grounds. It does not permit the court to reconsider the merits of the parking…

For the purposes of section 14 of the Public Order Act 1986, a public assembly must be a particular gathering at a particular scene. Separate gatherings…

A prosecutor’s certificate under Welfare of Animals at the Time of Killing (England) Regulations 2015, section 41, is conclusive evidence of the relevant…

For the purposes of section 20 of the Extradition Act 2003, construed compatibly with Article 4a of the Framework Decision, the relevant trial is the last…

Forfeiture of cash under Proceeds of Crime Act 2002, section 298(2)(b), concerns cash intended for use in unlawful conduct. It is legally distinct from…

Under articles 8ZA and 8ZB of the Immigration (Leave to Enter and Remain) (Amendment) Order 2000, a notice is presumed to have been given once the Secretary of…

Member States may adopt environmental measures stricter than EU secondary legislation where the Treaties preserve that power. Such measures remain subject to…

An applicant for immigration bail must provide a proposed bail address or explain why none is available. Immigration and Asylum Act 1999, section 95, gives the…

Where proposed development may affect the setting of a heritage asset, the decision-maker must identify and assess the significance and impact, and undertake…

Under section 127(1) of the Communications Act 2003, the offence is complete when the proscribed message or matter is sent, or caused to be sent, through a…

On an application for permission to appeal in extradition proceedings, the proposed ground must be reasonably arguable. A decision-maker must engage with…

Inquest screens are lawful only where the statutory precondition is met and the coroner then exercises a separate discretion. The discretion requires a…

An independent adjudicator appointed under the prison disciplinary scheme has a limited statutory function: to inquire into charges referred by the governor.…

Immigration detention of an adult at risk must be justified by a realistic prospect of removal within a reasonable timeframe and must comply with the published…

The Criminal Cases Review Commission has a wide margin of appreciation when deciding whether there is a real possibility that a conviction would not be upheld…

An appellate court reviewing a specialist disciplinary tribunal must exercise restraint. It may intervene only for an error of principle, including an error of…

An appeal under section 29 of the National Health Service Reform and Health Care Professions Act 2002 should ordinarily be independently determined before a…

The Crown Court’s appellate jurisdiction under Senior Courts Act 1981, section 48, extends to confirming, reversing or varying the whole decision appealed…

A statutory consultation is lawful where, viewed as a whole, it occurs while the decision-maker remains open to persuasion, gives consultees enough information…

In an extradition appeal raising double jeopardy or the same acts, the court must establish the factual basis on which the earlier English sentence was…

On a substantive appeal under Extradition Act 2003, the court may consider material custody accrued after the extradition hearing. The appeal succeeds where…

Damages under the Human Rights Act 1998 are not automatic after a finding of Convention-rights infringement. An award must be necessary to afford just…

For a production order under section 9(1) and Schedule 1 of the Police and Criminal Evidence Act 1984, the statutory purpose is assessed by identifying the…

Immigration detention remains lawful where there is a realistic prospect of removal within a reasonable period, assessed in all the circumstances. The…

Under Part I of the Care Act 2014, accommodation is not itself a need for care and support. It may nevertheless be required where accommodation is the…

The expression “premises” in regulation 4 of the Meat (Official Controls Charges) (England) Regulations 2009 refers to the physical facility at which official…

For the purposes of Extradition Act 2003 section 12A, an accusation European arrest warrant must be read together with further information supplied by the…

An appellate court reviewing a specialist disciplinary tribunal should exercise considerable restraint, but must intervene where the tribunal has made an error…

When providing asylum support accommodation, the Secretary of State must consider the individual circumstances and accommodation needs of the applicant and…

In a regulatory restoration appeal, withholding material evidence may amount to a serious procedural irregularity where it deprives the disciplinary tribunal…

An appellate tribunal commits procedural unfairness amounting to an error of law where, after hearing the evidence, it refuses a party a reasonable opportunity…

A procurement authority must apply the tender rules it has published. Where those rules require an applicant to have an office in the relevant procurement area…

When deciding whether to extend an interim conditions of practice order, the court must assess the circumstances at the time of the application. The relevant…

Post-tariff detention of an indeterminate-sentence prisoner must be justified by a substantial or more than minimal risk of reoffending capable of causing…

For the four-year immunity from enforcement under section 171B(2) of the Town and Country Planning Act 1990, the landowner must establish continuous use of a…

A police officer may make moderate physical contact to attract a person’s attention, but the contact must remain within generally acceptable standards of…

On an application to extend an interim order concerning a registered health professional, the court applies the same criteria as govern the original order. The…

On an extradition appeal involving very old offences, the court must conduct a careful proportionality balancing exercise. Relevant factors include the time…

The power under CPR r.3.1(7) to vary or revoke an order is discretionary and must be exercised consistently with finality and the overriding objective.…

Judicial review of a decision by the Criminal Cases Review Commission is supervisory, not an appeal or rehearing. The court must review the legality and…

An injunction restraining a public authority from publishing an adverse regulatory decision requires compelling grounds, described in the authorities as…

A local housing authority cannot discharge its duty under section 193 of the Housing Act 1996 through a private rented sector offer unless the statutory…

On an extradition appeal, proportionality must be assessed on the facts existing at the appeal hearing. Where the requested person has substantially served the…

Extradition may become abusive where subsequent events create a real risk that the requested person will ultimately serve less than the statutory minimum…

On an appeal under the Extradition Act 2003, the appellate court must decide whether the district judge’s overall proportionality decision was wrong. It may…

On a statutory appeal under the Extradition Act 2003, the court may admit fresh evidence where it raises an issue not previously raised, or evidence…

A statutory appeal against a professional disciplinary sanction is a rehearing without rehearing the evidence. An appellate court should defer to the…

An appeal under section 40 of the Medical Act 1983 is a rehearing without hearing the evidence again. The court may intervene only where the tribunal was wrong…

A public prosecutor may qualify as an issuing judicial authority for European arrest warrant purposes where the prosecutor is sufficiently independent of the…

An officer’s report must be read as a whole. Planning policies may require an overall judgment which weighs beneficial and adverse effects, rather than…

In a planning challenge involving the National Planning Policy Framework tilted balance, a developer must provide a sound and reliable transport assessment…

In judicial review of regulatory policy, a court will not treat a decision as irrational merely because the decision-maker could have consulted, sequenced or…

The public sector equality duty is a duty of substance, not form, to have due regard to specified equality needs. Its content is fact-sensitive and shaped by…

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

On a review under Terrorism Prevention and Investigation Measures Act 2011, the court applies judicial-review principles, with the intensity of review varying…

A local authority may investigate suspected criminal activity without first satisfying the expediency test in section 222(1) of the Local Government Act 1972…

An abstract statutory exemption from data-protection rights is lawful where it is clear, foreseeable and capable of proportionate application in individual…

Primary legislation changing State Pension Age through graduated age-based cohorts is not unlawful age or sex discrimination merely because it affects women…

A public NHS body must consider an EU citizen child’s directly effective right to receive healthcare in another Member State. Refusal to agree to transfer…

In reviewing a Category A prisoner’s security classification, the decision whether an oral hearing is required is governed by objective procedural fairness.…

A statutory time limit for challenging a local plan under section 113 of the Planning and Compulsory Purchase Act 2004 is strict and absolute. There is no…

For Article 14 purposes, self-employment may constitute an “other status”, and the Universal Credit minimum income floor creates different treatment between…

The Judicial Appointments and Conduct Ombudsman may review the handling of a judicial-conduct complaint for procedural failure or maladministration, but may…

An appellate court reviewing a specialist disciplinary tribunal must show restraint. It should not rehear the facts or interfere merely because it might have…

Under section 181(2) of the Licensing Act 2003, a magistrates’ court hearing a licensing appeal has power to make a costs order against a non-party. The…

A public-interest challenge to the removal notice window policy failed. A policy is unlawful for inherent unfairness only where the risk of unfairness arises…

For an Article 2 operational duty, a court or coroner must consider the relevant factors together. These include the existence of a real and imminent risk to…

CE certification under the medical-devices regime authorises a product to be placed on the market. It does not, by itself, substantiate efficacy claims made in…

Guidance prepared for monitoring the condition of protected sites does not automatically prescribe the attributes to be used in assessing the environmental…

Under paragraph 11d of the 2018 National Planning Policy Framework, the first trigger for the tilted balance is unavailable where at least one development-plan…

In a statutory challenge to a local plan, the court must assess whether the examining Inspector’s conclusion was reasonably open to her on the statutory tests.…

In a certificate-of-entitlement claim, the court must determine as a precedent fact whether the applicant has the claimed relationship and consequent right of…

The police may use automated facial recognition under their existing common-law powers to prevent and detect crime. Its use engages Article 8 because facial…

A local authority may limit eligibility for scarce Gypsy and Traveller site pitches to applicants who demonstrate a genuine cultural aversion to bricks and…

Revocation of a Tier 2 sponsor licence is reviewable principally on ordinary public-law grounds, with appropriate respect for the Secretary of State’s…

Immigration detention pending deportation must remain justified by a realistic prospect of removal within a reasonable time. The risks of absconding and…

In an enforcement appeal concerning unlawful demolition in a conservation area, likely future development may constitute a material public benefit even where…

In public decision-making affecting vulnerable children, fairness generally requires the decision-maker to put adverse matters to the person affected before…

Ordinary public-law principles governing interim relief apply to removal decisions under regulation 33 of the Immigration (European Economic Area) Regulations…

A claimant who elects not to attend a magistrates’ court hearing cannot ordinarily challenge the resulting exercise of discretion by judicial review on grounds…

In police misconduct proceedings, the criminal law test of self-defence applies when deciding whether an officer has a case to answer. An honestly held belief…

Procedural fairness may require an oral hearing when the Category A Review Team considers whether to maintain a prisoner’s security categorisation. The…

Where an appeal succeeds on one issue but fails on another, costs should reflect the real work undertaken, including substantial analytical overlap between…

On an appeal under section 40 of the Medical Act 1983, the High Court should respect a specialist tribunal’s assessment of evidence and credibility. Findings…

A parent may be permitted to challenge governmental inaction affecting an adult child where the parent has a proper interest, although the child remains the…

Disciplinary tribunals have an inherent procedural power to draw an adverse inference from a charged practitioner’s failure to give evidence. No express…

A development-plan policy does not become out of date automatically when the plan period expires. The question is one of fact, or fact and judgment, assessed…

In an extradition appeal engaging article 8 ECHR, the best interests of an affected child are a paramount consideration, but they do not automatically outweigh…

For a continuing offence, the statutory limitation period runs from the date on which the offending conduct ends, rather than necessarily from the date when…

A final order made in judicial review proceedings may be reconsidered only in exceptional circumstances where reopening it is necessary to avoid real…

A specialist regulator entrusted with technical airspace decisions is entitled to a substantial margin of appreciation when assessing safety, capacity and…

At the reasonable-grounds stage of the National Referral Mechanism, the decision maker applies a low threshold: whether there are grounds upon which a…

For liability under Article 17(1) of the Montreal Convention 1999, the passenger must show bodily injury caused by an event occurring during embarkation or…

Road Traffic Act 1988, section 41D, and regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 do not prohibit every use of a mobile phone…

Planning guidance on contaminated land generally concerns a change of use or development which may itself create an unacceptable contamination risk. It does…

Article 7(c) of the Town and Country Planning (England) (General Permitted Development) Order 2015 permits an agreed extension only where no decision period is…

A condition requiring approval before development begins may be a condition precedent. Breach makes the development unlawful and may prevent the permission…

The Administrative Court may use its inherent jurisdiction to regulate its own procedures and refer appropriate conduct matters to the Solicitors Regulation…

In an extradition case involving alleged unfitness to plead, oppression under section 25 of the Extradition Act depends on the particular circumstances and the…

In an extradition case involving prison conditions and serious health needs, the requested person must establish substantial grounds for believing that…

A previous grant of immigration bail must be honoured during the period specified by the tribunal. After that bail has expired, it does not impose an…

A requested person is a fugitive for the purposes of Extradition Act 2003, section 14 only if, to the criminal standard, they deliberately and knowingly placed…

Section 4A(5)(a) of the Fire and Rescue Services Act 2004 requires separate consideration of economy, efficiency and effectiveness. The expression is not a…

HMRC may not reverse a fully informed internal determination after a statutory limitation period has expired, where the reversal deprives the claimant of a…

A planning committee may be required by the common law to give reasons where a permission is granted against officer advice, following substantial opposition…

In an extradition appeal, an Article 3 challenge based on prison conditions requires clear, specific evidence establishing substantial grounds for believing…

Under section 4B of the Dangerous Dogs Act 1991, a court must order the destruction of a prohibited dog unless satisfied that the particular dog would not…

A Newton hearing is generally required where an offender disputes prosecution facts and the disputed version could make a material difference to sentence.…

HMRC may investigate a taxpayer’s affairs informally, including after the statutory window for opening an enquiry has closed. That power arises from HMRC’s…

Under the Proceeds of Crime Act 2002, approval for search or seizure may be granted under section 47G(2) even though none of the section 47B conditions has yet…

A decision-maker may apply an existing planning policy while a proposed amendment remains subject to consultation. Applying the existing policy is not unlawful…

For indirect discrimination, the public authority must justify the discriminatory impact of the measure, rather than the neutral measure in the abstract. The…

Under paragraph 11(d) of the National Planning Policy Framework, the decision-maker must consider whether a relevant “Footnote 6” policy provides a clear…

Whether related developments constitute one project for environmental impact assessment is a matter of planning judgment, reviewable on ordinary public law…

A public-body decision remains valid unless and until quashed. In a multi-stage planning consent, an appropriate assessment under the Habitats Directive may be…

A court determining whether an arrangement is a sham must apply the ordinary balance of probabilities. The seriousness of an allegation, or of its…

Professional integrity is broader than honesty. A finding that conduct was not dishonest does not prevent a finding that it lacked integrity. A breach of an…

In an extradition case involving prison conditions, detailed and categorical assurances from the requesting state may be accepted where they address the…

A local authority may adopt different home-to-school transport arrangements for pupils of different ages where the difference reflects distinct statutory…

A certificate of lawfulness for proposed development determines a question of law. On judicial review, the court therefore determines whether it was correctly…

A public authority complies with the public sector equality duty where its decision-makers receive sufficient information about equality impacts, identify…

Compensation under section 8 of the Human Rights Act 1998 is discretionary and is not assessed as tort damages. Where an unlawful decision has caused direct…

A person granted conditional immigration bail by the First-tier Tribunal may be re-detained, or not released, only where there has been a material and genuine…

On a ground (a) enforcement appeal, an inspector may limit consideration to a narrower development proposal where the appellant has expressly reduced the scope…

On a statutory planning review, the court determines the legality of the inspector’s approach, not the planning merits. A site may be “well served” by walking…

An appeal against a Medical Practitioners Tribunal’s decision may succeed only where the tribunal’s decision was wrong or unjust because of a serious…

Immigration detention must remain directed to removal and must be justified by a realistic prospect of removal within a reasonable period. The assessment is…

A local authority deciding the sufficiency of children’s centres must assess local need, sufficient provision, and what provision is reasonably practicable…

In assessing an application under the Turkish business provisions preserved by article 41 of the Additional Protocol, the Secretary of State must consider all…

A contingent destruction order under Dangerous Dogs Act 1991, section 4A(4), is a public-safety measure rather than part of the penalty for the underlying…

Fresh evidence on an extradition appeal should be admitted only where it could not, with reasonable diligence, have been obtained for the original hearing.…

A prosecutorial review must address the material evidence and apply the correct legal principles. In a causation case involving successive driving incidents…

A decision selecting preferred corridors for a major road project is not necessarily a “plan” requiring strategic environmental assessment. The court must…

On an appeal from a specialist disciplinary tribunal, the court will interfere with findings only where they are plainly wrong or affected by serious…

In planning law, the effect of proposed development on existing domestic solar panels is capable of being a material planning consideration. Climate-change…

Where development depends on pooled contributions from other schemes, an inspector may require a high degree of confidence that the necessary infrastructure…

The statutory power to slaughter an animal suspected of carrying a prescribed disease confers a broad discretion on the expert decision-maker. Judicial review…

A successful party to a section 78 planning appeal cannot ordinarily use judicial review to challenge reasoning which did not affect the favourable outcome.…

A statutory scheme governing juvenile covert human intelligence sources is lawful under Article 8 where it provides enhanced, individualised risk assessment…

A judicial review challenging reasoning in a planning appeal is ordinarily academic where the claimant succeeded in the appeal and the impugned reasoning…

In a claim challenging a criminal costs order, a private prosecutor may be ordered to pay the defendant’s costs where the prosecution resulted from a clear and…

Where a third party seeks release of restrained property to fund legal representation after a confiscation order, the court must give substantial weight to the…

In reviewing a discretionary public spending decision, a matter is not legally mandatory merely because it could properly be considered or might realistically…

A planning officer’s report is not unlawful merely because it omits information or gives limited reasons. The question is whether, read fairly and as a whole…

For a summons alleging misconduct in public office, the magistrate must rigorously ascertain whether the allegation discloses an offence known to law and…

For the purposes of an extradition warrant, particulars are adequate where, read with reasonable common sense, they enable the requested person and the court…

Article 2 requires preventive operational measures only where the authorities knew or ought to have known of a real and immediate risk to an identified…

Release under section 244 of the Criminal Justice Act 2003 is necessarily release on licence. The statute does not require a physical licence document or…

On a renewed application for permission to appeal in extradition proceedings, an appellate court must not rehear the facts. Intervention requires a material…

A planning permission is construed objectively, by asking what a reasonable reader with appropriate planning knowledge would understand from the permission…

An appellate court should respect a specialist disciplinary tribunal’s evaluative judgment, particularly on impairment, unless it is wrong, legally flawed, or…

A police medical appeal board must determine the factual, medical and legal issues raised in an appeal and give reasons sufficient to explain why one party…

An ombudsman has a broad statutory discretion to decide whether to investigate a complaint and to determine the investigation’s scope and procedure. Judicial…

Part 3 of the Equality Act 2010 has no general extra-territorial effect. Its application depends on a sufficiently strong connection with the United Kingdom…

A local authority’s general strategy is not necessarily a decision concerned with its budget, borrowing or capital expenditure. The relevant focus is the…

A fast-track asylum determination is not automatically unlawful because the fast-track rules were unlawful. The court must decide whether the procedure was…

A professional disciplinary hearing must remain fair and even-handed, even where the tribunal has an inquisitorial function. Tribunal members may ask…

An application for a higher-courts advocacy qualification involves two stages. The solicitor must first obtain a certificate of eligibility and, after…

A reduction of a tariff for detention during Her Majesty’s pleasure requires clear evidence of exceptional and unforeseen progress which reasonably requires…

For civil legal aid under para 19(3) of Part 1 of Schedule 1 to Legal Aid, Sentencing and Punishment of Offenders Act 2012, a proposed judicial review must…

When applying the presumption in favour of sustainable development under paragraph 11(d) of the 2018 National Planning Policy Framework, the decision-maker…

An Article 3 investigation must be independent, effective and sufficiently scrutinised to expose the facts, identify responsibility, protect complainants’…

A breach of Detention Centre Rule 34 may make immigration detention unlawful where the breach bears on, and is relevant to, the decision to detain. The…

Housing allocation schemes must be interpreted practically and with sensible flexibility, recognising the wide discretion given to local housing authorities. A…

A planning officer’s report must be read fairly and as a whole. The court asks whether it seriously misled the committee on a matter bearing on the decision…

Where contempt is committed in the face of a court but the original court does not deal with it, the Divisional Court retains concurrent jurisdiction to…

Generic arrangements for supporting children with severe special educational needs are not unlawful merely because they are imperfect or may create operational…

On a ground (d) appeal against an enforcement notice, the inspector must determine whether the matters alleged in the notice constituted a material change of…

The Secretary of State may enforce the frequency requirement in the Code of Practice on Local Authority Publicity 2011 without proving that a particular…

On an appeal against an extradition decision, the appellate court must review whether the decision was wrong, focusing on the outcome rather than correcting…

Compliance with the combined sections 17A/20 procedure under the Magistrates’ Courts Act 1980 is a jurisdictional precondition to trying an either-way offence.…

Further representations constitute a fresh claim where, taken with previously considered material, they create a realistic prospect of success before an…

For the purposes of Abortion Act 1967, a pregnancy exceeds its twenty-fourth week at 24 weeks and 0 days, not at 24 weeks and 1 day. Clinical dating begins on…

A planning permission granted under section 73 of the Town and Country Planning Act 1990 is a fresh permission for the development of land. Where the…

At the permission stage, a claim is arguable where the claimant identifies a realistic case requiring fuller argument, even though the court expresses no…

A person asserting British citizenship bears the burden of proving the relevant facts on the balance of probabilities. Documentary evidence, including official…

Under Schedule 36 to the Finance Act 2008, the relevant question is whether information or documents are reasonably required for checking a taxpayer’s tax…

Registration under section 4B of the British Nationality Act 1981 is an entitlement where the statutory conditions are met. The Secretary of State must be…

The limited appeal mechanism under regulation H5(1) of the Police Pensions Regulations 1987 concerns present entitlement to an award as of right, specified…

On an appeal under section 27 of the Extradition Act 2003, the High Court may allow the appeal only where the extradition judge ought to have decided a…

On an extradition appeal, an error in assessing responsibility for delay does not itself justify allowing the appeal. Under section 27 of the Extradition Act…

Interim relief in judicial review requires a real issue to be tried, consideration of the balance of convenience, and any other relevant factors. The merits…

In judicial review proceedings, the court may permit further evidence after an earlier procedural deadline where the case is evolving and exclusion would be…

In deciding whether to reduce or dispense with pupillage, the relevant question is whether knowledge and experience gained elsewhere clearly make the required…

For the purposes of section 20 of the Extradition Act 2003, a requested person may be treated as having deliberately absented himself from trial where his own…

For the charging exemption for an overseas visitor who has applied for asylum, the court must examine the substance, nature and grounds of the application.…

The Points Based System may produce harsh outcomes without being unlawful. A claimant cannot establish invalidity merely by showing that an evidential…

A housing allocation scheme may exclude applicants with a high level of household savings or assets. Examples given in the scheme do not necessarily exhaust…

Article 2 is not engaged by every death of a vulnerable person receiving state-funded care. The essential question is whether the circumstances call the state…

At the screening stage under article 6(3) of the Habitats Directive, mitigation measures intended to avoid or reduce harm to a protected site must be…

In an extradition appeal, the requesting state’s assurances concerning prison conditions should be assessed in accordance with mutual trust, but they do not…

The CCRC’s statutory decision whether to refer a conviction involves a predictive judgment entrusted to the Commission. It must consider whether there is a…

A coroner conducting a non-jury inquest under section 5 of the Coroners and Justice Act 2009 has a broad discretion to determine the scope of the inquiry, the…

When a magistrates’ court assesses prosecution costs under section 82(12) of the Environmental Protection Act 1990, it must address the individual challenges…

An appellate court reviewing a professional disciplinary sanction must respect the regulator’s evaluative expertise, but may intervene where the decision…

Statutory appropriation of land does not require a prescribed formal procedure. It requires a conscious and deliberative decision by the local authority to…

For a criminal behaviour order under section 22 of the Antisocial Behaviour, Crime and Policing Act 2014, the court must consider whether the order will help…

On a statutory extradition appeal, the High Court may allow an appeal under section 27(4) of the Extradition Act 2003 where new issues or evidence would have…

A decision by the Director of Public Prosecutions or the Crown Prosecution Service not to prosecute is amenable to judicial review, but intervention is…

Under section 13 of the Coroners Act 1988, fresh facts or evidence which may show that the substantial truth about a death was not revealed at the original…

The statutory power to prescribe a device for blind or partially-sighted voters to vote without assistance requires more than enabling them to locate where to…

Where social-security regulations treat comparable groups differently, the Secretary of State must justify the difference, even though Article 14 does not…

In planning decision-making, the consistency principle extends beyond a previous formal decision to the reasoning underlying it. A planning authority may begin…

A National Policy Statement may settle national infrastructure need, select a preferred scheme and define matters that cannot be reopened in a later…

A decision-maker may take account of deliverability risks arising from both the characteristics of a proposed scheme and the identity or position of its…

A development plan must be interpreted objectively, by reference to its language and proper context. The court must distinguish interpretation of policy from…

A principal council reviewing community governance must interpret and apply abolition guidance as a whole. Abolition of a parish council is exceptional and…

A general statutory power to direct a regulator does not, without clear words, authorise a direction requiring it to disregard or override a duty imposed by…

A costs capping order in judicial review proceedings requires all conditions in sections 88(6) and 88(7) of the Criminal Justice and Courts Act 2015 to be…

The High Court may grant interim injunctive relief in public law proceedings for the benefit of persons who are not parties where they are identically situated…

For the purposes of section 14 of the Extradition Act 2003, a person becomes unlawfully at large when an appeal is dismissed and the sentence becomes…

The Secretary of State may reject a Parole Board recommendation to transfer an indeterminate sentence prisoner to open conditions, provided the decision is…

Professional disciplinary tribunals are expert bodies and appellate courts must accord substantial respect to their decisions. Nevertheless, the High Court may…

An appeal from a professional regulatory sanction is a rehearing governed by the ordinary appellate test. The High Court may intervene where the decision was…

In European Arrest Warrant proceedings, assurances about prison conditions may be relied upon where the court is satisfied, having regard to their quality and…

Where a requested person has been convicted of an offence for which a European Arrest Warrant has been issued, the statutory presumption in favour of bail is…

A data controller must demonstrate that its arrangements comply with the Data Protection Act 2018 and must implement appropriate technical and organisational…

The statutory average consumer is a hypothetical person or legal construct who is reasonably well-informed, observant and circumspect. The assessment is…

In an extradition appeal, the court must assess present and prospective prison conditions, including any specific assurance given by the requesting state. A…

A local authority may administer high-needs special educational funding through banded resource levels. The statutory duty is to secure the special educational…

The Criminal Cases Review Commission must apply the statutory “real possibility” test as a predictive judgment. In a conviction challenge based on the change…

A local authority’s power to prosecute under section 222 of the Local Government Act 1972 is broad, but its exercise requires consideration of the interests of…

Policy protection for existing specialist accommodation applies to specialist accommodation for the range of older people and vulnerable groups covered by the…

Harassment is assessed by reference to the totality of the course of conduct. An individual incident may form part of that course even if it would not, viewed…

At a fitness-to-practise review, a doctor cannot be required to admit misconduct that she continues to deny. The tribunal may nevertheless assess whether she…

In extradition proceedings involving Article 3 risks arising from prison conditions, the assessment must be specific and precise. The executing court need…

For the purposes of s 20 of the Extradition Act 2003, a person convicted in absence may be extradited where the requesting state establishes deliberate absence…

In a statutory planning review, the court must independently determine whether an agreed basis for quashing a planning decision is legally proper. A planning…

In a professional disciplinary appeal, the High Court must correct material errors of fact or law and serious procedural irregularity, while giving appropriate…

An appeal from a disciplinary tribunal is a review, not a rehearing. A tribunal may treat a criminal conviction as conclusive in disciplinary proceedings…

In planning judicial review, an officer’s report is read fairly and benevolently. The question is whether it materially misled the committee on an issue…

A Competent Authority deciding whether an adult was trafficked as a child must determine the person’s age at the time of the alleged events on the balance of…

Compensatory damages for unlawful detention are assessed by reference to the claimant’s actual loss of liberty and consequential injury to feelings, not by a…

An appellate court reviewing a specialist disciplinary tribunal must exercise particular caution, but it should intervene where the tribunal has made an error…

Under section 29 of the Criminal Justice Act 2003, issuing a written charge and serving it are separate steps. A written charge is issued when the document is…

The power to create serious shortage protocols for prescription-only medicines may be made under section 2(2)(b) of the European Communities Act 1972 where it…

A local authority assessing whether a child is in need under Children Act 1989 must take reasonable steps to obtain the information needed for a lawful…

Failure to obtain consent under the speciality procedure does not itself bar a later extradition where applicable speciality arrangements exist and no express…

Interim relief in public law proceedings is governed by the American Cyanamid test, modified for the public law context. The claimant must show a good arguable…

A person is a fugitive for the purpose of the passage-of-time bar only if it is proved to the criminal standard that the person knowingly placed himself beyond…

Whether a person worked in breach of immigration conditions was not a precedent fact for the court to determine. The question was whether the Secretary of…

The Solicitor General may exercise any function of the Attorney General under the Law Officers Act 1997. A function exercised in that capacity has effect as if…

Interim relief in judicial review is discretionary. The court must consider whether there is a serious issue to be tried and where the balance of convenience…

An order for disclosure of unused material under the Criminal Procedure and Investigations Act 1996 requires a proper evidential basis for concluding that the…

In a challenge to revocation of a sponsor licence, the court applies ordinary Wednesbury rationality. The decision-maker’s judgment remains primary, and the…

A challenge to the vires of a policy or secondary legislative regime generally runs from the date on which the regime was made or came into force, rather than…

A clear public statement may create an enforceable legitimate expectation about the procedure by which a public investigation will be established. Where a…

For the purposes of the double-jeopardy bar under the Extradition Act 2003, the court must examine the substance of the facts said to constitute the offences…

An all proceedings order under Senior Courts Act 1981, section 42, is a serious restriction on access to the courts. It is nevertheless available where a…

Planning policies must be interpreted as practical policy instruments, read in context and in light of their purpose. The court determines the meaning of…

In a planning challenge, a policy protecting public open space cannot rationally be applied to land which the owner may lawfully exclude the public from and…

An application to extend time for appealing a disciplinary decision should be approached by the three-stage framework in Denton v TH White Ltd: assess the…

Article 11 does not confer a universal or unqualified right to compulsory trade-union recognition. A statutory scheme may protect an existing voluntary…

Where a claimant succeeds in domestic judicial review proceedings, the ordinary costs principle may include costs incurred in an incidental reference to the…

A court asked to state a case may refuse only where the proposed appeal is frivolous, meaning futile, misconceived, hopeless or academic. It must consider the…

On an appeal under section 40 of the Medical Act 1983, the court may allow the appeal only if the tribunal’s decision was wrong or unjust because of a serious…

A court in one Member State may review the calculation of the data-exclusivity period for a reference medicinal product, but may not review whether the initial…

Extradition may be refused where ordinary criminal defendants as a category face a real risk of flagrant breaches of Article 6; no separate requirement of…

When a regulator exercises a discretionary power under an income-adjusting condition, it must apply its published policy consistently and within the statutory…

In planning judicial review, an officer’s report must be read with reasonable benevolence rather than undue forensic rigour. The question is whether it…

The power to authorise pilot schemes under section 10 of the Representation of the People Act 2000 extends to testing procedures for establishing a voter's…

Possession of a weapon offensive per se does not become a reasonable excuse merely because the weapon is carried or used for work. The fact-finding tribunal…

An allegation of violence cannot, without more, establish that a lifer presents a particular risk of violence. The Parole Board must either disregard an…

At the permission stage of a planning statutory review, the court must scrutinise proposed grounds rigorously and ask whether they have a realistic prospect of…

For dual criminality, the court examines the conduct alleged in an extradition request and asks whether it would, if proved, constitute an English offence. It…

A published immigration policy may create a substantive legitimate expectation where it contains a clear and unambiguous representation about the future…

At the permission stage of a judicial review concerning an ongoing inquest, the court must avoid prejudging matters for the coroner. Permission may…

A local authority may lawfully include prospective and unidentified savings in a flexible budget where no particular service reduction has been decided.…

Academic public-law claims should ordinarily not be heard unless there is a good reason in the public interest. In assessing nationality discrimination, the…

When a wildlife licence is granted under a specific purpose in section 16(1) of the Wildlife and Countryside Act 1981, the requirement to consider whether…

An immediate trial at a defendant’s first appearance is not appropriate where the plea reveals a disputed factual issue requiring a proper prosecution…

A supplemental judgment may correct or clarify an earlier judgment where necessary, without reopening issues already decided. Later improvements to premises…

On an application for an ABC injunction, the claimant must show a high degree of probability that refusal of relief will render its appeal nugatory or…

In an extradition appeal, proportionality under article 8 ECHR requires assessment of the particular combination of circumstances. Relevant factors include the…

When Natural England decides whether to grant badger-control licences affecting an SSSI, it must consider the special features for which the site was notified.…

When deciding whether to leave causation to an inquest jury, a coroner must apply both limbs of the Galbraith Plus test. The issue should be left where…

For the purposes of the Framework Decision and section 2(2) of the Extradition Act 2003, a public prosecutor is a judicial authority. The meaning of that…

For an injury to be received in the execution of police duty, there must be a substantial causal connection between the injury and the officer’s service as a…

An appeal from a professional regulator’s decision is allowed only where the decision was wrong or unjust because of serious procedural or other irregularity.…

An appeal from a prohibition order is a rehearing on whether the decision was wrong, or unjust because of a serious procedural irregularity. It is not a…

A community order imposing unpaid work remains in force until the offender completes the specified hours or the order is revoked. This specific rule qualifies…

In an extradition appeal, permission should be granted where the proposed ground is reasonably arguable on evidence that prison conditions may create a real…

Judicial review of a refusal of permission to appeal in family proceedings is subject to a highly restrictive test. Where an adequate appeal process has…

In extradition proceedings, an international arbitral tribunal’s provisional recommendation cannot halt a criminal extradition process created by EU law and…

A consultation on proposed planning policy is unlawful where the public are reasonably led to understand that the policy’s substance is open for comment, but…

A national planning policy document requires strategic environmental assessment only if it satisfies both the definition of a plan or programme and the…

Judicial review may exceptionally be brought before the conclusion of criminal proceedings in the magistrates’ court. The circumstances are especially…

A public authority may adopt a general policy in unqualified terms. The policy becomes an unlawful fetter only if, properly interpreted, it requires the…

A policy that Irish nationals will ordinarily not be deported is not an unlawful blanket ban where it permits exceptional cases to be considered individually.…

The Lord Chancellor deciding whether to designate an approved regulator under the Legal Services Act 2007 is not confined to checking compliance with the Legal…

Damages for unlawful detention are assessed globally and fact-sensitively. There is no tariff or daily rate. The award ordinarily reflects both the initial…

In welfare-benefit cases, differential treatment is justified under Article 14 where the decision-maker has sufficiently considered its discriminatory impact…

A legislative scheme may fall within the Article 8 ambit for the purposes of Article 14 even though Article 8 confers no right to be provided with a home.…

A Parole Board decision is irrational where material findings of fact are unsupported by the evidence and those findings materially influence the assessment of…

A planning decision is unlawful where the decision-maker fails to address a material and controversial amenity issue raised by the evidence. Structural noise…

A public authority may create a legitimate expectation by making a clear, unambiguous and unqualified promise to a defined class. Knowledge of the promise…

The Secretary of State retains the ultimate discretion whether to transfer an indeterminate-sentence prisoner to open conditions. A Parole Board recommendation…

For an offence of being in charge of a vehicle while unfit through drink, a place is a “public place” only where the public has actual and lawful access. The…

The six-month time limit in Magistrates' Courts Act 1980, section 127, is displaced only by an express enactment providing a different period. Regulations made…

Temporary separation of family members for immigration detention or removal must be lawful, necessary and proportionate, having regard to ECHR Article 8 and…

Public authorities must anticipate the communication needs of disabled service users. Compliance requires more than adopting a suitable policy. Systems and…

At the permission stage of a statutory planning challenge, permission should be granted where a ground is properly arguable and it cannot be said that the same…

On a renewed application for permission to seek judicial review of a planning permission, the court applied the principle that a local planning authority must…

A licensing court must decide whether an applicant is a fit and proper person at the time of its decision. It may then grant a licence for a shorter period and…

Permission for statutory review of a planning inspector’s decision should be refused where the evidence discloses no arguable error of law. Under Class Q of…

Where a requested person is not surrendered within the statutory period, administrative error may constitute reasonable cause for the delay under section 36(8)…

In a planning judicial review, a decision-maker need not expressly mention every relevant development-plan policy if the decision documents show that the…

In an appeal from a medical disciplinary tribunal, professional conduct occurring abroad must be judged by UK professional standards, while taking account of…

Under section 20(3) of the Extradition Act 2003, a person may be deliberately absent from trial where his own deliberate conduct prevents the authorities…

In an extradition case engaging Article 8, the strong public interest in enforcing sentences may be outweighed where delay has diminished that interest and…

For the purposes of Equality Act 2010, s 165(4)(b), a driver makes an additional charge when a financial liability or commitment is imposed on a wheelchair…

A consultation is unlawful only where the process is so unfair that it is clearly and radically wrong. What fairness requires depends on the statutory and…

A claim to British Overseas citizenship arising automatically under nationality legislation is determined by the court as a question of precedent fact. The…

In an extradition case involving alleged prison overcrowding, the court must assess whether there are substantial grounds for believing that surrender would…

The State’s positive obligations under Articles 3 and 8 require more than a formal legal and administrative framework. The State must provide adequate and…

Under section 4B of the Dangerous Dogs Act 1991, the court must first determine whether a destruction order is required. Only if it is satisfied that the dog…

Judicial review of a prosecutorial decision is confined to strict public law grounds. The court must not substitute its assessment of the evidence for that of…

A highway authority may adopt a restrictive policy governing licences for private longitudinal apparatus under the New Roads and Street Works Act 1991. The…

A procedural legitimate expectation to consult arises only in exceptional circumstances. Ordinarily, a public authority may decide both the substance of policy…

Where the Secretary of State applies a restricted-leave policy based on an earlier exclusion from refugee protection, relevant later evidence bearing on that…

In extradition cases engaging Article 8, the court must balance the interference with family life against the constant and weighty public interest in…

An inspector must determine a planning appeal by reference to the material considerations and plans properly placed before him. A failure to consider a plan…

In an extradition case involving alleged prison conditions, a Council of Europe member state benefits from a presumption of compliance with Article 3 of the…

A request for review under Housing Act 1996, section 202, must be made within 21 days of the relevant decision, unless the authority permits a longer period in…

Judicial review is generally inappropriate where a claimant has an adequate statutory reconsideration and appeal route that remains available. A claimant…

Relief from sanctions is unlikely where a claimant repeatedly breaches procedural rules and clear court orders, particularly after receiving a final…

The Secretary of State may refuse consent to release following a tribunal grant of immigration bail under paragraph 22(4) of Schedule 2 to the Immigration Act…

At High Court level, the domestic standard for reviewing the substance of governmental decisions remains irrationality, not proportionality. The intensity of…

A consultation on proposed main modifications to a local plan must be fair and effective. It must clearly identify the substance of the modifications…

A local authority cannot justify a potentially indirectly discriminatory housing-allocation criterion without evidence identifying its practical and…

An appellate court reviewing a specialist disciplinary tribunal’s sanction should show substantial deference to its evaluative judgment. Intervention is…

Under section 12A of the Extradition Act 2003, the standard wording of an accusation European Arrest Warrant ordinarily supports an inference that decisions to…

Unlawful plying for hire requires both exhibition of the vehicle and express or implied solicitation of custom, inviting the public to hire that vehicle…

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

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

Immigration detention must remain connected to the purpose of deportation and comply with the Hardial Singh principles. The assessment is fact-sensitive and…

The Criminal Cases Review Commission’s assessment under section 13 of the Criminal Appeal Act 1995 is a judgment entrusted to the Commission. Judicial review…

Under Part 16 Class A of the Town and Country Planning (General Permitted Development) (England) (Order) 2015, the whole development proposed under a…

Under Council Regulation (EC) No 1/2005, animal welfare is the primary objective and the elimination of trade barriers is secondary. Article 3(a) imposes a…

Positive action under section 158 of the Equality Act 2010 may lawfully give a protected group primary access to scarce social housing where the group suffers…

Whether a change between different forms of livery amounts to a material change of use is ordinarily a question of fact and degree for the planning…

A local authority assessing whether children are in need must make a lawful and evidence-based assessment of their accommodation and financial circumstances.…

Once an appeal has been dismissed, the litigation is at an end unless primary legislation or court rules expressly permit further renewal or review. An…

Competent authorities must decide Conclusive Grounds trafficking cases within a reasonable time, although no fixed statutory or Convention deadline applies.…

Immigration decisions may be served by post under the Immigration (Leave to Enter and Remain) Order 2000 where the address used was provided for correspondence…

In extradition proceedings, the seriousness of the alleged offending and the apparent risk of failure to surrender do not automatically require detention. The…

On a renewed application for permission to appeal in extradition proceedings, the court may permit a change of case and further evidence where there has been a…

“Obstruct” in section 110(1) of the Environment Act 1995 includes conduct which prevents, or makes more difficult, the exercise of an authorised officer’s…

In a planning appeal involving housing land supply, an Inspector will generally need to reach a conclusion on whether a five-year supply exists and, if there…

A previous planning appeal decision addressing the same issue is a material consideration. Consistency does not require identical outcomes, but an inspector…

An appeal tribunal reviewing police disciplinary sanctions may substitute its own decision only where the original decision was unreasonable. Judicial review…

Procedural fairness in disciplinary proceedings is assessed in context. Effective participation depends on the nature and stage of the proceedings, their…

Where separate extradition appeals raise the same proportionality issue, the appellate court may assess the appeals together and consider the present…

A defendant prosecuted for breaching a Community Protection Notice cannot ordinarily challenge the notice’s validity as a defence. The statutory scheme…

In a statutory planning challenge, a neighbourhood plan’s objectives are not equivalent to its policies. A development may conflict with the plan only by…

Section 67 of the Immigration Act 2016 gives the Secretary of State a broad discretion to devise practical, transparent criteria for relocating a limited…

An apparently composite sentence in a European Arrest Warrant must be assessed by reading the warrant and any admissible further information as a whole. The…

Section 137 of the Highways Act 1980 must be interpreted compatibly with Articles 10 and 11 under section 3 of the Human Rights Act 1998. Protest involving…

A sincere religious belief is protected by Article 9 where the proposed conduct is sufficiently linked to that belief. A court should avoid adjudicating…

A Parole Board must address separately and meaningfully each distinct question before it. A decision on transfer to open conditions requires consideration of…

The exercise of a prerogative power to provide mutual legal assistance is reviewable, but the principle of legality is a principle of statutory interpretation…

In a planning decision affecting listed buildings and their settings, the decision-maker must give considerable importance and weight to preservation, and must…

For industrial training levy purposes, whether an entity is an employer in the construction industry is determined by the activities of its workforce. The…

In an extradition case engaging article 8, delay is not a decisive factor merely because it is lengthy or partly unexplained. The court must assess its effect…

A recovery vehicle exemption depends on the vehicle being constructed or permanently adapted primarily for lifting, towing or transporting disabled vehicles…

A notice is not a commencement notice for Community Infrastructure Levy purposes unless it complies with the requirements of the Community Infrastructure Levy…

The unqualified word “school” in the Town and Country Planning (General Permitted Development) (England) Order 2015 does not ordinarily include a nursery. The…

A solicitor may facilitate an abuse of the court’s process by failing to prevent it, where the solicitor has responsibility for managing the firm and has…

In a regulatory appeal, the court must distinguish the admissibility of hearsay evidence from the weight to be given to it. Under rule 31 of the Nursing and…

When varying an environmental permit for a mining waste facility, the regulator is not required to reassess every aspect of the operation or the approved waste…

For universal credit, earned income for an assessment period is based on the amounts actually received, but it is not necessarily identical to those amounts.…

Immigration detention is unlawful where the Secretary of State fails to comply with a policy governing the detention of persons with serious mental illness.…

Prosecutorial decisions are reviewable on conventional public-law grounds, but intervention is exceptional. The margin of judgment is narrower where the issue…