High Court: Administrative Court judgments, 2020

A property may be a chargeable dwelling for council tax even where it has no business element. Section 3(2) of the Local Government Finance Act 1992 first…

Where an inquest has been suspended after criminal proceedings, resumption is a matter for the coroner’s highly discretionary judgment. The question is whether…

A decision not to prosecute is reviewable only on orthodox public-law grounds and judicial review remains a highly exceptional remedy. The prosecutor must…

Environmental impact assessment must address the likely significant direct and indirect effects of the particular development or project for which consent is…

On an extradition bail application under Criminal Justice Act 1967, the High Court considers the merits afresh rather than reviewing the magistrates’ decision.…

In deciding interim relief, the court must strike the balance of justice protectively where a highly vulnerable person may otherwise lose access to essential…

Under the bathing-water regulatory scheme, the Environment Agency has a discretion whether to disregard samples taken during predictable short-term pollution.…

There is no hard and fast rule requiring a claimant seeking interim relief in a public-law claim to establish a strong prima facie case. The strength of the…

An appellate court may interfere with a disciplinary tribunal’s factual findings only where they are plainly wrong. The appellant must identify a material…

In a claim concerning British citizenship and passport entitlement, the legal burden of proving citizenship rests on the person seeking a declaration of…

On an appeal against an extradition decision, the question under section 19B of the Extradition Act 2003 is whether the forum-bar question ought to have been…

A local authority must apply its housing allocation scheme according to the policy’s true construction. A provision giving families with dependent children a…

A residual discretion must be exercised when deciding whether an asylum seeker who may be a trafficking victim should receive permission to work outside the…

A charging policy may indirectly discriminate under Article 14 where uniform rules impose a disproportionate burden on a protected group. The comparison is…

In a planning judicial review, the weight given to landscape harm and restrictive policies is ordinarily a matter of planning judgment. The absence of a…

A public authority must exercise its discretion for proper purposes and take account of the wider public and charitable consequences of its decision. Where a…

Where an LLP delivers a purported partnership return but does not carry on business with a view to profit, Taxes Management Act 1970, section 12ABZAA, enables…

In planning appeals, costs may be awarded where a party behaves unreasonably and thereby causes another party unnecessary or wasted expense. “Unreasonable”…

Where an application for permission to appeal in extradition proceedings is made out of time and the High Court refuses to consider it for that reason, there…

A Parole Board panel must make a substantive release decision where the prisoner remains subject to a sentence within the Board’s jurisdiction. A document…

In a parole review, the Parole Board must consider relevant information about alleged further offending, even where the allegation has not been proved. It must…

Section 127(2)(c) of the Communications Act 2003 criminalises the persistent abuse of a public electronic communications network for the prohibited purpose. It…

A positive conclusive-grounds decision of the Single Competent Authority may be admitted in a criminal trial as expert evidence relevant to whether a child was…

Damages for conversion are assessed by reference to the market value of the goods at the time of conversion, rather than a new-for-old valuation. Consequential…

A dispersal decision under the asylum-support scheme may be irrational where the decision-maker fails to consider the applicant’s individual circumstances…

Once the Secretary of State has accepted a duty to accommodate a destitute failed asylum-seeker under section 4(2) of the Immigration and Asylum Act 1999…

Where permitted development is subject to prior approval, failure to notify the applicant of the authority’s decision within the prescribed period may make the…

Where qualifying remand in the United Kingdom reaches or exceeds the custodial term for which extradition is sought, continued extradition becomes…

An appellate court may permit a pure point of law not taken below where the opposing party has adequate opportunity to answer it, has not suffered detriment…

In a health-based extradition appeal, the court should assess the evidence through a structured three-stage approach: identify the individual’s medical…

At the permission stage of judicial review, a claim is properly arguable only where it has a realistic prospect of success. Ofcom may regulate broadcast…

In extradition proceedings, the judicial authority bears the burden of establishing dual criminality to the criminal standard. The court must be sure that the…

For judicial review, time begins when the grounds first arise, assessed by identifying the nature of the challenge and when the claimant had standing. A…

Government policy aims for traveller sites are not requirements that occupants must access services by foot or public transport. The term access includes…

In assessing costs, the court must exercise its discretion by considering all the circumstances, including the parties’ conduct, partial success and admissible…

An experimental traffic order must involve a genuine experiment, and the traffic authority must be able to explain its nature and purpose. The authority has a…

A planning committee must be properly directed on the statutory and policy weight to be given to harm affecting listed buildings and their settings. A report…

A suspension-order review must assess the registrant’s current fitness to practise. The reviewing panel must form its own professional judgment in light of the…

An enclosure award may validly create a public bridle road even where the enabling Act separately regulates public carriage roads and imposes conditions on…

A police power to enter private premises to save life or limb requires reasonable grounds for believing that intervention is necessary to prevent imminent…

In extradition proceedings, the court must not determine whether the requested person is guilty or innocent. That issue belongs to the requesting state’s…

A parent exercising the statutory right to special educational needs mediation is entitled to bring one supporter of their choice. The supporter may be a…

In a claim concerning British citizenship by descent, the court itself determines disputed nationality facts and applies the civil burden of proof. The…

In an extradition appeal, proportionality under Article 8 requires a careful examination of the interference with private and family life, including the…

A person who receives a positive reasonable-grounds decision under the National Referral Mechanism must be formally protected from removal while the…

On an application for mandatory interim relief in a public law claim, the American Cyanamid principles apply with appropriate modification. The claimant must…

The power to detain a person subject to a deportation order is constrained by the Hardial Singh principles. Detention must pursue removal, remain reasonable in…

Section 285(1) of the Town and Country Planning Act 1990 prevents a defendant prosecuted for failing to comply with an enforcement notice from challenging its…

The Secretary of State may impose self-isolation requirements under the public-health regulations where they restrict where an infected or exposed person may…

For a child under 16, Gillick competence to consent to puberty-blocking medication is treatment- and person-specific. The child must understand and be able to…

An interim suspension order may be continued where continuation is necessary for public protection or otherwise in the public interest. The court must balance…

An appeal against an interim professional regulatory order is ordinarily a review of whether the tribunal’s decision was wrong, with appropriate weight given…

The objective necessity requirement for arrest under section 24 of the Police and Criminal Evidence Act 1984 is a practical, fact-sensitive exercise. Arrest…

Professional regulation must be applied according to the terms of the particular statutory scheme. The solicitors’ regulatory scheme imposed no freestanding…

During the Covid-19 pandemic, delay caused by the lack of safe and suitable Crown Court capacity may constitute a good cause for extending a custody time limit…

In a strategic environmental assessment, the identification and assessment of reasonable alternatives are matters of evaluative judgment for the plan-making…

A contractual discretion must be construed by reference to the agreement as a whole and its objective meaning, rather than by a literal reading of one clause.…

In extradition cases, mutual trust requires a presumption that the requesting state will comply with Article 3 ECHR and Article 4 of the Charter. That…

In extradition proceedings, fugitive status is assessed objectively, with a subjective element: whether the requested person knowingly and deliberately placed…

Diplomatic immunity arising under the Vienna Convention on Diplomatic Relations operates automatically when the Convention’s conditions are met. A family…

Regulation 31(b) of the Civil Legal Aid (Financial Resources & Payment for Services) Regulations 2013 gives the Director a discretion to value a capital…

A statutory housing appeal under section 204 of the Housing Act 1996 is confined to points of law and is not a rehearing. The court should read the reviewing…

Development-plan policies which provide alternative methods of meeting an identified need do not give priority to one method unless their language does so. A…

Detention of an indeterminate sentence prisoner after a direction for release remains lawful while necessary release conditions are being arranged, provided…

Under section 4 of the Extradition Act 2003, a person arrested under a Part 1 warrant must be brought before the appropriate judge as soon as practicable. If…

Whether a substance is “waste” under the Waste Framework Directive depends on a purposive, fact-sensitive assessment of the holder’s actual intentions and…

An appeal may be reopened to consider fresh evidence only where the evidence could have made a decisive difference to the result. The reopening jurisdiction is…

In an extradition appeal based on medical condition, oppression under section 25 requires a high threshold. The court must compare the requested person’s…

Certification of a point of law requires more than showing that the issue arises in an important statutory context. The point must have general public…

In extradition cases involving suicide risk, the court must make an overall judgment and apply the high threshold under section 25 of the Extradition Act 2003.…

On an appeal against an extradition order, the court must determine whether the lower court’s Article 8 conclusion was wrong. An Article 8 case based on the…

The Social Security (Recovery of Benefits) Act 1997 is incompatible with A1P1 where it requires insurers to reimburse the State for 100% of benefits despite…

Guidance for an appellate tribunal may not communicate an overall norm that substantive appeals will normally be decided on paper where the governing procedure…

An appellate court reviewing a medical regulator’s sanction must respect specialist factual and evaluative judgments, but may intervene where the consequences…

Under the current wording of section 179 of the Town and Country Planning Act 1990, an offence is continuing after the period for compliance with an…

Extradition under section 21A of the Extradition Act 2003 will ordinarily be disproportionate where the likely penalty is non-custodial unless a sufficiently…

Permitted development rights crystallised by prior approval remain subject to the Town and Country Planning (General Permitted Development) (England) Order…

A certificate of lawful existing use does not authorise development in breach of conditions attached to an implemented planning permission unless the breach is…

Statutory instruments granting permitted development rights do not necessarily constitute plans or programmes requiring strategic environmental assessment. The…

Where disciplinary proceedings are governed by rules specifying that the regulations in force at the time of the proceedings apply, an appeal or permission…

On a submission of no case to answer in professional disciplinary proceedings, the evidence must be taken at its highest. The allegation should proceed if, on…

At an interim stage, the court may require a public authority to observe safeguards in published policy where there is a strong arguable case that a departure…

The duty to co-operate in Planning and Compulsory Purchase Act 2004, section 33A, requires constructive, active and ongoing engagement on each strategic…

The Framework Directive’s definition of “worker” has an autonomous EU-law meaning. Subject to the express exclusion of domestic servants, it includes persons…

In a planning challenge under section 288 of the Town and Country Planning Act 1990, the court must distinguish legal interpretation from planning judgment.…

For dual criminality, the mens rea of the equivalent English offence may be inferred from the conduct alleged in a European Arrest Warrant where it is the only…

When considering an Article 8 challenge to extradition, the court may assess the position by projecting forward to the likely date of a substantive appeal…

Under paragraphs 108 and 109 of the National Planning Policy Framework, the decision-maker must assess significant transport impacts and consider whether the…

A claim for public interest immunity is a duty where the claim is well founded, not a discretionary privilege. The court must independently decide whether…

A planning permission may reserve detailed matters for later approval by condition, provided the local planning authority retains control over the reserved…

A public body must apply its published policy unless there are good reasons to depart from it. The policy must disclose the matters an affected person needs to…

The Crown Prosecution Service is responsible for prosecutorial functions, not criminal investigation. The Director of Public Prosecutions’ statutory duty to…

A material mistake of fact may justify judicial review of a magistrates’ court’s refusal to adjourn a criminal trial where the parties share an interest in…

An application for a summons in a Magistrates’ Court must positively demonstrate compliance with any statutory time limit. It is insufficient that the dates of…

On an extradition appeal, the question is whether the district judge’s decision was wrong, not whether the appellate court would have weighed the evidence…

On an appeal by way of case stated, the High Court is confined to the legal questions stated and cannot revisit disputed facts. A second application to set…

Section 19(1) of the Education Act 1996 imposes a mandatory duty where illness or another qualifying circumstance makes it not reasonably possible or…

An IOPC appeal decision is unlawful where the decision-maker reaches a conclusion without giving an adequate reason, particularly where the absence of reasons…

A systemic challenge to a policy on Convention grounds requires proof that the policy itself creates a real risk of unlawfulness in more than a minimal number…

In reviewing the categorisation of a Category A prisoner, the decision-maker must apply the governing test and assess whether the evidence of reduced risk is…

Whether a person is a British citizen entitled to a British passport is a question of fact, not an exercise of executive discretion. On judicial review, the…

An appeal by way of Case Stated is confined to the facts set out in the stated case and is not a de novo factual appeal. The High Court may remit a Case Stated…

At the permission stage, an Article 8 extradition appeal must be reasonably arguable before permission can be granted. The court must balance the individual…

In an extradition appeal, the court may proceed in the appellant’s absence where it is satisfied that the absence is deliberate. The possibility of reopening…

When deciding whether to send a child or young person to the Crown Court under section 51A of the Crime and Disorder Act 1998, a youth court must assess…

Judicial review claimants and their lawyers must disclose material facts before issuing proceedings and must present them clearly. A bundle of undigested…

In an extradition conviction-warrant case, bail may be reconsidered afresh on the material before the court, but there is no presumption in favour of release.…

In extradition proceedings, Article 8 requires a fact-sensitive balancing exercise between the public interest in extradition and the interference with private…

Abuse of process is assessed through a broad, merits-based evaluation of all the circumstances, including the public and private interests engaged. The fact…

An appeal against a closure order is made in time only if written notice is given within 21 days both to the designated officer for the Magistrates’ Court and…

In a conviction-warrant extradition case, there is no presumption in favour of bail. The court must assess afresh whether, on all the material before it, there…

Permission to appeal in an extradition case should be granted where a proposed ground is reasonably arguable on the material available. Permission may be…

For an accusation European arrest warrant, proportionality under Extradition Act 2003, section 21A(1)(b), is reasonably arguable where domestic sentencing…

An evidential breath-machine reading is presumed reliable, but the presumption is rebuttable. The defendant bears only an evidential burden of adducing…

In a planning judicial review, an officer’s report must not materially mislead the committee on a matter bearing on its decision. The report should be read as…

On an extradition appeal, the appellate court must decide whether the district judge’s decision was wrong. It must respect factual findings, particularly…

An European Investigation Order may be issued during an investigation even though the precise offence, facts, suspect or victim are not yet known. The issuing…

Different treatment of Maternity Allowance and Statutory Maternity Pay within Universal Credit is not unlawful merely because the benefits serve similar…

Following withdrawal of a European arrest warrant, Extradition Act 2003, s.42(3) requires the requested person’s immediate discharge and the setting aside of…

Where primary legislation specifies the amount payable under a statutory social-security scheme, the executive cannot use residual common-law powers to make…

The threshold for an article 2 procedural investigation is whether an arguable breach of a substantive article 2 duty is shown. “Arguable” means more than…

A general civil restraint order may be extended where the litigant has persisted in issuing claims or making applications which are totally without merit, and…

On a renewed application for permission to appeal in an extradition case, permission should be granted only where there is a reasonably arguable prospect that…

At the permission stage in an extradition appeal, Article 8 compatibility must be assessed by reference to the remand time served when permission is…

An application for permission to appeal should be adjourned where an amended ground raises a materially developed point supported by newly identified…

Under the Extradition Act 2003, an appeal is concerned with whether the extradition judge’s decision was wrong, not with a rehearing. For section 13(a), the…

Judicial review of an independent prosecutor’s decision is available only in highly exceptional circumstances. The court gives prosecutors a significant margin…

In a Part 1 extradition case, inaccuracies in a European Arrest Warrant justify discharge only where they meet the high threshold of affecting the extradition…

On an enforcement appeal, the power to grant planning permission for an alternative scheme depends on whether the scheme relates to the whole or part of the…

In deciding whether to make an order under section 102 of the Town and Country Planning Act 1990, a local planning authority has a broad discretion to assess…

In a Category A prison security review, the decision-maker must ask whether convincing evidence shows that the prisoner’s risk of reoffending if unlawfully at…

Judicial review is not ordinarily an alternative route for challenging a Crown Court decision on appeal from a magistrates’ court. The normal and preferable…

For capital-contribution purposes under the Criminal Legal Aid (Contribution Orders) Regulations 2013, specified capital is calculated by valuing each resource…

Interim relief in a public-law claim requires a real issue to be tried, assessed with appropriate modification for the public-law context, and consideration of…

Permission to appeal an extradition order should be refused where neither proposed ground is reasonably arguable. Under section 21A, proportionality concerning…

At a renewed permission hearing in an extradition appeal, permission may properly be granted where a ground is reasonably arguable, even though the court…

For extradition purposes, deliberate absence may be established where the requesting state takes steps that would acquaint a non-evasive accused with the time…

When deciding an urgent application for interim relief requiring accommodation, the court must assess whether there is a strongly arguable case and then…

At a permission stage, an Article 8 extradition appeal requires a reasonably arguable ground and a realistic prospect that the substantive appeal would…

In extradition proceedings concerning a conviction European arrest warrant, bail is not subject to a presumption in favour of release. The court must assess…

For permitted development height restrictions, the relevant ground level is generally the level that would exist when the proposed development is completed in…

A regulator’s statutory duty to have regard to the need to minimise public expenditure does not necessarily impose a duty to secure that private operators meet…

For the purposes of Extradition Act 2003, deliberate absence from trial may be established by the requesting state proving, to the criminal standard, that the…

Directive transposition need not reproduce the directive in identical words or place every criterion in legislation. The domestic framework must nevertheless…

When assessing major development in an Area of Outstanding Natural Beauty, a planning authority must assess the development’s need as required by paragraph 172…

Where extradition is sought on the basis of a conviction warrant, the applicant has no right to bail. Bail may be refused where there are substantial grounds…

In extradition proceedings based on a conviction European Arrest Warrant, bail may be refused where there are substantial grounds for believing that the…

Retention of personal data engages Article 8 and must remain proportionate at the time of review. A policy retention period is not an automatic minimum: the…

A welfare-benefit calculation is not irrational merely because it does not reimburse every element of a claimant’s actual expenditure. In assessing a challenge…

Where an appeal raising Art. 8 depends on a proportionality assessment, the court should ordinarily have the full relevant factual picture before deciding it.…

On a regulatory appeal, the appellate court may interfere where a tribunal’s evaluative conclusion is wrong, irrational or outside the range of reasonable…

For an international transfer of personal data for law-enforcement purposes, necessity and proportionality are assessed by reference to the specified task for…

In a review of obligations imposed under section 9 of the Counter-Terrorism and Security Act 2015, article 6 is satisfied if the claimant receives sufficient…

The Secretary of State may use delegated rule-making powers to introduce a procedural reconsideration stage for Parole Board decisions. A provisional decision…

A local authority conducting a reassessment under section 17 of the Children Act 1989 must consider the totality of the evidence, including information…

An appeal under section 40 of the Medical Act 1983 is a full rehearing, but the appellate court must calibrate its intervention to the nature of the finding…

The statutory concept of employment in section 13 of the Employment Agencies Act 1973 is deliberately broad. It includes people who personally provide services…

Under the Police (Injury Benefit) Regulations 2006, a police pension authority must periodically consider whether an injury pensioner’s degree of disablement…

On an appeal by rehearing against a grant of bail in extradition proceedings, the court must decide whether there are substantial grounds for believing that…

Permission to withdraw an admission requires consideration of all the circumstances, including the non-exhaustive factors in CPR PD 14 paragraph 7.2. A later…

An application to state a case is validly made within the statutory time limit even if the prescribed fee has not yet been paid, unless the governing…

Extradition is disproportionate under article 8 where, viewed cumulatively, its exceptionally severe effects on settled family life decisively outweigh the…

In extradition proceedings, supplementary information may cure or update a European arrest warrant which otherwise addresses the statutory requirements…

On an application for a search warrant, the police must disclose all matters relevant to the statutory test, including points which may count against issuing…

A victim of crime, or a close relative where the victim has died, may have a sufficient interest to challenge directly by judicial review a Parole Board…

In extradition bail proceedings under section 22(1A) of the Criminal Justice Act 1967, the High Court assesses the risk of failure to surrender afresh. In a…

On an application to vary extradition bail, the court must decide the issue afresh and form its own view, rather than defer to the district judge’s decision.…

When deciding whether to extend an interim suspension imposed by a professional regulator, the court applies the same criteria as the regulator. It considers…

When deciding whether to extend an interim conditions of practice order, the court must assess the allegations rather than determine their truth. Relevant…

On an application to extend an interim suspension order, the court applies the same criteria as the regulator when making the order. Relevant factors include…

On an application to extend an interim restriction on a nurse’s registration, the court applies the same criteria as the regulatory body applying for the…

When deciding whether to extend a professional regulator’s interim order, the court applies the same criteria as those governing the original order. Relevant…

In extradition bail proceedings, the court must consider bail afresh. Previous compliance with bail conditions is an important factor but may be outweighed by…

In an extradition case involving Article 8 of the European Convention on Human Rights, delay may weaken the public interest in extradition and increase its…

In a retrial-conviction extradition case, the statutory scheme treats the warrant as a conviction warrant and therefore excludes reliance on the…

Permission to appeal in an extradition case should be refused where the proposed ground is not reasonably arguable. An Article 3 ECHR challenge cannot proceed…

On an application for permission to appeal in an extradition case, the court must identify a reasonably arguable error of law or approach in the District…

On an application for permission to appeal in an extradition case, a distinct ground should be refused where it has no realistic prospect of success. Other…

On a statutory planning challenge, the court reviews legality rather than the planning merits. An inspector’s decision must give intelligible and adequate…

Section 11A(2) of the National Parks and Access to the Countryside Act 1949 requires greater weight to be given to conservation where the two statutory…

When applying paragraph 196 of the National Planning Policy Framework, the decision-maker must first establish the nature and extent of harm to the…

The absence of detailed statutory or departmental rules governing night state in an immigration removal centre does not, by itself, breach legal-certainty…

Under section 25 of the Extradition Act 2003, physical or mental illness bars extradition only where, having regard to all the circumstances, return would be…

In a judicial review challenging a search warrant, a claim for public interest immunity must be determined before considering whether closed material may be…

On a renewed application for permission to appeal in an extradition case, the court may adjourn the application and require assistance from the respondent…

On an application for bail in extradition proceedings, the court must consider bail afresh and make its own assessment on the evidence. Bail may be refused…

At the permission stage of an extradition appeal, the appellate court asks whether the requested person has shown a reasonably arguable basis for concluding…

In extradition proceedings, a renewed application for bail must be considered afresh. Earlier refusals should generally be put aside, subject to reliance on…

For an accusation European Arrest Warrant, section 2 compliance does not generally require the precise number of alleged incidents to be stated where the…

Judicial review is a remedy of last resort. Where an adequate alternative remedy exists, permission should ordinarily be refused unless there is a proper…

In an extradition conviction-warrant case, there is no presumption in favour of bail. The court must consider bail afresh and decide whether there are…

In extradition bail proceedings concerning an accusation European Arrest Warrant, the court must reconsider bail afresh. The statutory presumption in favour of…

On a renewed application for permission to appeal in an extradition case, an Article 8 challenge is arguable only where there is a realistic prospect that the…

HMRC may cancel a VAT registration where objective factors establish that the registration is being used to facilitate VAT fraud and the taxable person knew…

The Secretary of State’s emergency modification of statutory duties concerning special educational provision was lawful. A common law duty to consult did not…

Judicial review is ordinarily a remedy of last resort. Where Parliament has provided a suitable statutory appeal, permission will generally be refused…

In construing an EU sanctions regulation, the court must read the provisions purposively and as a coherent whole. The purposes of a sanctions regime may…

At an oral permission hearing, the threshold is whether the proposed ground is arguable. A challenge concerning the application of Green Belt policy may be…

A liability order for non-domestic rates may be based on a rating-list alteration taking retrospective effect where the statutory regulations permit that…

On an appeal under section 40 of the Medical Act 1983, the High Court should respect the specialist tribunal’s assessment of sanction and intervene only if its…

An appeal from a Valuation Tribunal decision on a point of law does not permit the High Court to re-hear the evidence or substitute its own factual conclusion.…

A consultation duty must be assessed in its statutory and factual context. During an urgent national crisis, a public authority may reasonably consult…

Under section 113 of the Planning and Compulsory Purchase Act 2004, the court has flexible remedial powers after unlawfulness in the adoption of a local plan.…

A compulsory purchase order may be made where there is a compelling public-interest case and the interference with property rights is justified. A council’s…

On a rolled-up application for permission to appeal in extradition proceedings, the court held that a high threshold applies where suicide risk is relied upon…

A Parole Board oral hearing must be conducted fairly and with sufficient time for the prisoner to understand and answer the evidence, question witnesses and…

Permission to amend judicial review grounds to challenge a later decision may be granted where the challenge is arguable and amendment is just and necessary.…

Where a proposal causes less than substantial harm to a designated heritage asset, the decision-maker must weigh that harm against the proposal’s public…

Interim relief in a public-law detention challenge must reflect both the prospects of establishing unlawful detention and the balance of convenience, including…

A substantive legitimate expectation requires a promise that is clear, unambiguous and devoid of relevant qualification. It must ordinarily amount to a…

A second police misconduct investigation is not barred merely because the same conduct was investigated previously. The earlier investigation must itself have…

Development plan policies must be read objectively from their language and context. Unless a policy expressly relies on the Use Classes Order, “dwelling” is…

Article 14 ECHR applies where the state creates a marriage-recognition scheme that has more than a tenuous connection with the values protected by article 9.…

Under section 19(1) of the Education Act 1996, the question whether illness prevents a child from receiving suitable education is assessed by applying a…

At the permission stage, a judicial review claim is arguable where asylum support arrangements may arguably require decision-makers to consider relocating an…

Changes to early-release arrangements for determinate terrorist prisoners concern the administration or execution of the sentence, rather than the penalty…

Proposals which remove sixth-form education require approval by the Welsh Ministers under section 50 of the School Standards and Organisation (Wales) Act 2013.…

A statutory challenge to a definitive map modification order attracts the ordinary principles of judicial review. The court reviews legality, rationality…

On an application for interim relief, the court may adjourn the hearing where developments make immediate determination unnecessary and may give proportionate…

On an application for bail in extradition proceedings, the court must determine afresh whether there are substantial grounds for believing that the applicant…

Habeas corpus addresses whether detention is unlawful. It does not provide a route for an accused person to ask the High Court to dismiss pending criminal…

A judicial review claim challenging refusal of core participant status in a public inquiry must be brought within the statutory time limit. A later request to…

A misconduct tribunal must address the charges actually framed and make clear findings on each material element. Where charges allege unwanted conduct of a…

On a renewed application for permission to appeal in extradition proceedings, it is reasonably arguable that a district judge erred by failing to engage with…

Permission to appeal should be granted where the proposed grounds raise issues of sufficient general importance or there is another compelling reason for an…

Judicial review proceedings must be conducted with procedural rigour. A claimant cannot use evolving grounds, without permission, to challenge replacement…

Article 2 of the Convention does not generally require a state in which a death occurs to investigate the actions of agents of a foreign state who may have…

A statutory condition requiring a benefits claimant to seek revision by the Secretary of State before appealing to the First-tier Tribunal is a condition…

A local authority’s social-care assessment is not unlawful merely because another view is possible, and courts should avoid overzealous textual analysis of…

In a statutory challenge to a local plan, the court reviews legality, not the planning merits. Assessing objectively assessed housing need, including the…

A welfare-benefit measure is unlawful under Article 14 only where the relevant difference in treatment lacks objective and reasonable justification. In…

Medical disciplinary fact-finding should test recollection against authentic contemporaneous documents, independently established facts and probabilities.…

In an extradition case raising prison conditions under Article 3 of the ECHR, the court should assess the evidence in light of materially relevant developments…

On a passport application raising a question of British citizenship, the applicant bears the burden of proving the relevant facts on the balance of…

A policy governing accommodation for persons on immigration bail must permit fair and rational consideration of every potentially exceptional case. It must…

On an extradition appeal, the court must address the substance of an alleged error under the statutory appeal scheme. A procedural complaint does not convert…

The failure to create an adjustment to the Universal Credit benefit-cap rules may be irrational where regular four-weekly pay causes a claimant’s income to…

A tariff review for a young person detained during Her Majesty’s Pleasure may result in reduction where there has been exceptional progress, continued…

A tariff review for a person detained during Her Majesty’s pleasure may result in reduction where there has been exceptional progress, where continued custody…

Where linked regulatory appeals are disposed of by consent and each appellant seeks an opposite outcome, one appellant should not automatically be treated as…

In an extradition appeal raising Article 8 ECHR, arguability depends on the overall outcome of the proportionality assessment. The strong public interests in…

When deciding whether to award private prosecution costs from central funds, the court must apply the statutory and procedural framework, including the general…

A local planning authority’s discretion to extend the compliance period in an enforcement notice is subject to ordinary public law principles. A claimant must…

In a conviction-based European Arrest Warrant case, dual criminality may be established in two ways. First, the legal elements of the foreign offence may be…

Immigration detention cannot lawfully continue where there is no realistic prospect of removal in the near or foreseeable future. An interim order for release…

A planning permission may authorise a change of use while also controlling the design and appearance of structures or objects whose siting and retention the…

A temporary judicial decision to pause jury trials while court conditions are unsafe does not curtail the constitutional right to jury trial or access to the…

In an extradition case, a distinct challenge concerning the meaning of “judicial authority” under section 2 of the Extradition Act 2003 does not justify…

Immigration bail under Schedule 10 to the Immigration Act 2016 is available to a person who is liable to detention, even where the underlying detention power…

The High Court may extend an expired deadline in an extradition appeal under Crim PR r 50.17(6)(a), provided the appeal has not been finally concluded. The…

A reconsideration decision under Parole Board Rules 2019 must address each ground advanced, including procedural unfairness as a distinct head from…

English criminal law does not ordinarily extend to conduct outside England and Wales. Extra-territorial jurisdiction requires specific statutory provision. A…

Under Proceeds of Crime Act 2002, a disclosure order may be made in a civil recovery investigation where the statutory grounds are satisfied, even though the…

A challenge to a confirmed definitive map modification order under Wildlife and Countryside Act 1981 is judicial review. The court may intervene only for…

Overcrowding measured against an institution’s official capacity does not, by itself, establish a real risk of treatment contrary to article 3. The requested…

A common-law duty to give reasons for granting planning permission may arise from the overall context, particularly where permission departs from the…

A prosecutor assessing whether a charge has a realistic prospect of conviction must identify the essential elements of the alleged offence and assess the…

A request to state a case may be refused as frivolous only where the proposed challenge is futile, misconceived, hopeless or academic. A properly arguable…

An independent fostering agency providing services on behalf of local authorities pursuant to contract is subject to the Equality Act 2010 in its recruitment…

In judicial review of NHS continuing-care decisions, a court may intervene where the decision-maker relies on inaccurate or irrelevant information, fails to…

Judicial review examines legality, not the merits of political, social or economic choices entrusted to ministers. The Public Health (Control of Diseases) Act…

In an extradition case engaging family life, the court must balance the interference with the extraditee’s and family members’ Article 8 rights against the…

The Administrative Court will intervene in a prosecutorial decision only in rare cases. A challenge to a decision not to prosecute must show more than…

In medical-death cases, the procedural obligation under article 2 of the European Convention on Human Rights arises where the evidence discloses a systemic or…

Particulars in a European arrest warrant must balance simplicity with sufficient information. In serial offending, the warrant need not identify the precise…

Where a respondent successfully resists an application for an injunction, the general costs rule is that the applicant pays the respondent’s costs. The court…

Article 6(1) is engaged by judicial review only where the proceedings determine a party’s civil rights or obligations. A public-law challenge to the refusal to…

For an offence under section 63 of the Anti-social Behaviour Crime and Policing Act 2014, the relevant question is whether the constable reasonably believed…

An academy order must be made having regard to its practical effect on wider statutory education duties and an ongoing area-wide reorganisation. A…

Extradition to a member state must be refused where clear, cogent and compelling evidence establishes a real risk of treatment contrary to Article 3 of the…

The statutory arrangements under sections 16E to 16K of the Children Act 2004 concern the safeguarding partners’ arrangements for working together. They do not…

A university must decide whether to terminate a student’s registration consistently with its published regulations and policies. Those materials may also…

On an appeal against extradition, the appellate court must not conduct the Article 8 balancing exercise afresh merely because another view of the evidence is…

For the purposes of section 12A, standard wording in an accusation European arrest warrant seeking surrender for a criminal prosecution ordinarily indicates…

Under sections 13 and 16 of the Crime (International Cooperation) Act 2003, the UK Central Authority need not choose between a search warrant and a production…

In judicial review, disclosure is ordered only where it is necessary for the fair and just determination of the issues. Standard disclosure does not arise…

For section 20 of the Extradition Act 2003, a person convicted in absence may be treated as having deliberately absented himself where the requesting state…

Under section 13 of the Coroners Act 1988, the question is whether the interests of justice make a further investigation and inquest necessary or desirable.…

Planning officers’ reports must be read fairly and as a whole, with reasonable benevolence. Judicial review is justified only where the report’s overall effect…

National and local flood-risk policies may require a detailed flood-risk assessment, but the sequential test is applied using the refined flood zones…

Under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002, civil recovery requires proof on the balance of probabilities that property was obtained by or in…

An appeal by way of case stated cannot ordinarily challenge an interlocutory ruling in criminal proceedings which have not been finally determined by the…

In an extradition appeal under Article 8 of the European Convention on Human Rights, the appellate court must identify an error of law or approach in the…

On a renewed application for permission to appeal in an extradition case, a district judge’s decision under Article 8 is permissible where the judge has made…

Search warrants under Police and Criminal Evidence Act 1984, Schedule 1 require increasingly stringent safeguards according to their intrusiveness. The issuing…

On an application for bail in extradition proceedings concerning a conviction warrant, there is no presumption in favour of release. The court must assess…

A tariff review for a young offender may result in reduction on three grounds: exceptional progress, a risk to continued development which custody cannot…

A tariff review for a young person detained during Her Majesty’s Pleasure may result in reduction where there has been exceptional progress, where continued…

On an appeal under section 40A of the Medical Act 1983, the appellant must show that a disciplinary tribunal’s decision was wrong or unjust because of a…

Where a judicial review claim raises serious delay issues alongside arguable merits and possible remedial consequences, the court may direct a rolled-up…

An application for bail in extradition proceedings must be determined afresh by the court hearing it, rather than as a review of the magistrates’ decision.…

Where emergency economic-support measures require rapid choices about public expenditure, delivery and fraud prevention, the executive is afforded a very wide…

A tariff imposed on a child or young person detained during Her Majesty’s pleasure may be reviewed where there is clear evidence of exceptional and unforeseen…

A guilty plea should be vacated only sparingly, where the interests of justice require it. A prosecuting authority must act independently, fairly and…

The forum bar is not a broad choice between the more suitable forums. Once the substantial-activity threshold is met, the court must assess only the specified…

The public sector equality duty applies to a ministerial decision to commence primary legislation. The degree of due regard required depends on the statutory…

In extradition proceedings, the United Kingdom court’s proportionality assessment is distinct from the requesting judicial authority’s decision whether to…

In an extradition human-rights case, the district judge is the primary decision-maker. The judge must conduct a balance-sheet exercise, taking into account all…

On an extradition appeal based on ECHR article 8, the appellate court must respect the district judge’s primary factual findings and proportionality…

Judicial review is a remedy of last resort. Where Parliament provides an adequate statutory appeal capable of determining the underlying legal and factual…

A planning authority relying on viability to justify a policy departure must provide material that is coherent, intelligible and publicly available in…

In deciding whether to revoke a deportation order and whether further submissions amount to a fresh claim, the Secretary of State must apply the current legal…

The amended Housing Act 1996 provides an exhaustive code for ending the interim accommodation duty under section 188. Where an authority decides that an…

Parole arrangements must provide an effective means for a prisoner who lacks capacity to participate in the review of continued detention. The Parole Board…

Where immigration detention has continued after bail and arrangements for release remain incomplete, the Administrative Court may grant interim relief…

A substantial reduction in an emerging housing requirement may constitute a fundamental change requiring a fresh assessment of reasonable alternatives under…

In an extradition case, an Article 3 challenge based on prison vulnerability requires evidence that the requested person faces a real risk of ill-treatment and…

In an extradition appeal, permission should be granted where a new issue concerning the independence and impartiality of the issuing or continuing judicial…

Under the Care Act 2014, a local authority may use section 19(3) to meet urgent care and support needs before completing a further needs assessment. An earlier…

A judicial review claim based on Articles 8 and A1P1 will not succeed merely because a major infrastructure design presents substantial engineering risks. The…

After conviction, the prosecution must disclose material that may cast doubt on the safety of the conviction and must make further inquiries where there is a…

On an application for bail in extradition proceedings, the court must consider the matter afresh and assess the present evidence and risk. An accusation…

At the permission stage, a child may arguably be a victim of discrimination where the refusal of legal aid has an indirect financial impact on the child…

A police misconduct panel must apply the prescribed three-stage approach when determining sanction. It must assess seriousness, recall the purposes of…

A claimant who discontinues judicial review proceedings ordinarily pays the defendant’s costs incurred up to discontinuance. Departure from that rule requires…

On an application for bail in extradition proceedings concerning a conviction warrant, there is no presumption in favour of bail. The court must assess afresh…

In an application for bail following refusal of bail in extradition proceedings, the court must consider the matter afresh. Where the European Arrest Warrant…

An appellate court reviewing a specialist disciplinary tribunal proceeds by review, not rehearing. It should intervene only for an error of law, a critical…

A tariff reduction may be recommended on one of three bases: exceptional progress producing a significant change in maturity and attitude; a risk to continued…

A barrister whose practising certificate is suspended is an unregistered barrister under the applicable regulatory scheme. A rule applying only to specified…

A motor insurance policy that is voidable for non-disclosure remains in force unless and until the insurer validly avoids it. A certificate issued under the…

The Parole Board must address each mandatory factor specified in the Secretary of State’s directions when deciding whether to recommend a prisoner’s transfer…

Section 21B of the Extradition Act 2003 has mandatory effect only where a qualifying request is made before or in the extradition hearing. It does not formally…

Possession of a prohibited weapon is a question of fact. It is not limited to physical custody and may be proprietary or custodial. The prosecution must prove…

In a development consent order application governed by a designated National Policy Statement, the merits of national policy cannot be reopened through the…

At the screening stage, a decision-maker may consider proposed mitigation, but must first make an informed judgment about the likely environmental effects of…

Costs incurred in separate proceedings may be recoverable as costs “incidental to” judicial review proceedings where the separate proceedings determine, or…

An appeal under section 27(4) of the Extradition Act 2003 on fresh evidence requires an objective reappraisal within the first-instance framework. The…

In extradition proceedings, a lacuna in a European Arrest Warrant concerning retrial entitlement may in principle be filled by appropriate further information.…

Interim relief suspending coronavirus restrictions will ordinarily require a particularly strong prospect of success where the order would prevent enforcement…

A no-recourse-to-public-funds regime must clearly identify the circumstances in which the Secretary of State is legally obliged not to impose, or to lift, the…

A statutory noise abatement notice may lawfully be served on a disabled person whose noise nuisance is involuntary where the notice is a proportionate means of…

For a housing-allocation policy excluding applicants who caused statutory overcrowding by a deliberate act, “deliberate” does not require culpability, an…

In determining the extent of a registered leasehold estate, the register cannot necessarily be read in isolation from the lease it identifies. The register may…

The Secretary of State’s power under sections 1(3) and 1(3A) of the Abortion Act 1967 is broad enough to approve a class of places, including a pregnant…

On a renewed application for permission to appeal in extradition proceedings, permission should be granted only for points which disclose a reasonably…

Post-return obligations imposed under a temporary exclusion order are legally distinct from immigration conditions controlling entry. Although qualification of…

Detention authorised by a valid court order cannot ordinarily be challenged by habeas corpus merely because the detainee disputes a later public-law decision…

In a Category A prisoner review, PSI 08/2013 does not create an automatic right to an oral hearing. The decision is fact-specific and must be balanced and…

In an extradition case raising article 3 concerns, a targeted inquiry of the requesting state is required only where the evidence establishes an objective…

A court deciding whether a vulnerable defendant requires an intermediary must assess the defendant’s ability to participate effectively in the particular…

In an extradition appeal concerning a conviction warrant, the warrant and further information must be read constructively and as a whole. Translation…

A published policy or guidance setting eligibility criteria does not necessarily promise that every qualifying applicant will receive a licence. Where the…

A disciplinary panel may proceed in a teacher’s absence where the teacher had proper notice, no good reason for an adjournment is shown, and there is no…

In a statutory planning review, a decision-maker may depart from an agreed statement of common ground, provided the affected party had a fair opportunity to…

In a nationality dispute arising from a passport application, the court must determine the relevant facts for itself and affords the Secretary of State no…

In a challenge to a neighbourhood plan, the court must review legality rather than planning merits. The local planning authority may rely on an independent…

Challenges to the lawfulness of an extradition-period extension are ordinarily matters for judicial review, not habeas corpus, where detention remains…

A challenge to interim accommodation based on alleged unaffordability may be premature where the applicant has not yet applied for housing benefit and the…

A tariff may be reduced where a detained prisoner has made exceptional progress resulting in a significant alteration in maturity and attitude since the…

A tariff may be reduced on review where the prisoner has made exceptional progress, continued detention presents an unmitigable risk to development, or a new…

A tariff may be reduced where the prisoner has made exceptional progress resulting in a significant alteration in maturity and attitude since the offence…

On a tariff review for a mandatory life sentence imposed on a child, reduction may be justified only where one of three grounds is established: exceptional…

Section 17 of the Children Act 1989 permits services to be provided for any member of a child in need’s family, but only where the service is appropriate to…

A summons issued on insufficient information does not automatically render subsequent criminal proceedings a nullity. Later disclosure may remedy the…

On a renewed application for judicial review, permission requires a properly arguable case with a realistic prospect of success based on a material public law…

Permission to appeal in an extradition case should be granted where it is reasonably arguable that material evidence could alter the Article 8 balance.…

For the purposes of Article 6 of the Framework Decision, the authority competent to issue a European arrest warrant is determined by the law of the issuing…

A default sentence enforcing a confiscation order may be imposed where the court is satisfied that non-payment resulted from wilful refusal or culpable neglect…

Suitable accommodation under the homelessness legislation is assessed in the light of the applicant’s circumstances, but the duty does not ordinarily require a…

Permission to appeal in an extradition case will be refused where the proposed grounds disclose no realistic prospect of success. The appellate court should…

In extradition proceedings, an Article 8 proportionality assessment must weigh the private and family impact against the serious public interests supporting…

Section 119(6) of the Highways Act 1980 requires three separate tests. The first two operate as gateway tests: the diversion must be expedient in the relevant…

Interim relief in judicial review requires a real prospect that the claimant will obtain the substantive order sought. Only if that threshold is met does the…

The automatic imposition of a notification order under section 97 of the Sexual Offences Act 2003 is compatible with Article 8. Where the statutory conditions…

In extradition proceedings concerning a conviction warrant, bail remains available and the custodial sentence faced is not determinative. The court must assess…

On an application for bail in extradition proceedings, the High Court must assess the merits afresh rather than review the magistrates’ decision on a…

Where an appellant has been removed from the jurisdiction despite an extant application for permission to appeal, and the removal materially impairs…

Under rule 28(1) of the Parole Board Rules 2019, reconsideration may be sought on grounds of irrationality or procedural unfairness. A reconsideration decision…

Interim release from immigration detention requires a real prospect of success at trial and a favourable balance of convenience, taking account of the public…

A right of residence granted under domestic law, independently of Directive 2004/38/EC, may engage the free-standing prohibition of nationality discrimination…

A claimant who discontinues judicial review after the defendant has filed a defence may require the court’s permission before bringing a further claim against…

Under Dublin III, a substantive asylum interview may constitute an examination of an application for international protection under Article 2(d). It does not…

For the purposes of paragraph 6 of schedule 2 to the Commons Act 2006, land falls within the “curtilage of a building” only where it is so intimately…

In interpreting paragraph 79(d) of the National Planning Policy Framework, “subdivision of an existing residential dwelling” refers to the subdivision of a…

On an application for bail in conviction-based extradition proceedings, the court must consider the matter afresh. The question is whether there are…

In an extradition case, the passage of time and the possibility that only a short period of imprisonment remains may be material to the Article 8…

In extradition proceedings, Article 8 proportionality requires a balance between the interference with the requested person's private and family life and the…

Under section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the decision-maker must assess the overall effect of the proposed…

An appeal panel’s decision must give clear, intelligible reasons explaining how and why disputed issues of fact and law were resolved. Where the decision is…

A judicial review claim is ordinarily inappropriate where the claimant has received a formal appealable decision and failed to use the statutory appeal route.…

In an extradition bail application, the court must consider the matter afresh rather than review an earlier refusal. Bail must be refused where there are…

In deciding interim relief against immigration detention, the court must assess both the strength of the underlying claim and the balance of convenience.…

Under section 84(1) of the Extradition Act 2003, the extradition court asks whether, on one possible view of all admissible evidence, a properly directed…

On an application for a certificate of inadequacy under Criminal Justice Act 1988, the applicant must prove on the balance of probabilities, by clear and…

For a planning statutory review, the statutory time limit applies to making the application to the court, which occurs when the claim form is filed. Service is…

A complainant requesting an independent review under the Victims’ Right to Review Scheme must be given a fair opportunity to make representations and have…

Where an adult’s assessed care and support needs include rehousing, the Care Act 2014 does not permit the local authority to bypass the priority scheme…

In an extradition appeal raising Article 8 ECHR, the court must assess whether the extradition outcome was wrong in light of all the evidence, while respecting…

On an appeal under Medical Act 1983 s 40A or s 40B, the appellate court ordinarily respects a specialist tribunal’s factual and evaluative conclusions. Greater…

On an extradition appeal relying on fresh evidence, the court asks whether the extradition outcome is wrong in light of all the evidence, while respecting the…

Proceeds of Crime Act 2002 permits an unexplained wealth order only where the statutory conditions are independently established on objectively reasonable…

In judicial review proceedings concerning asylum accommodation during the Covid-19 pandemic, interim relief may require accommodation to be provided where an…

In a coronial causation challenge, the threshold for causation and the standard of proof are distinct. The question is whether, on the balance of…

A challenge to a macro-political ministerial decision taken under common-law powers attracts low-intensity judicial review. The court asks whether the…

A planning authority must address a policy systematically where the policy requires a particular assessment. An officer’s report must identify the nature and…

A food labelled with a “use by” date is deemed unsafe after that date for the purposes of article 14 of the Food Safety Regulation. The deeming provision in…

Where an interim mandatory injunction would substantially grant final relief in a public law claim, the claimant must show a particularly strong case. The…

For deemed dedication under Highways Act 1980, the relevant question is whether a precisely identified way has been enjoyed by the public without interruption…

Where two statutory powers authorise entry onto land to undertake surveys for overlapping purposes, the existence of an earlier, more specific power does not…

A youth court has an unfettered discretion under section 102(5) of the Powers of Criminal Courts (Sentencing) Act 2000 to order delayed release under a…

Section 13(1) of the Terrorism Act 2000 creates an offence of strict liability. The prosecution must prove deliberate wearing, carrying or displaying of the…

Retrospective tax legislation does not necessarily interfere with possessions protected by Article 1 of the First Protocol. Where taxpayers had, before the…

Disabled facilities grant applications must be assessed by applying the statutory scheme to the particular purpose for which the grant is sought. Where the…

Where a court or tribunal is named as defendant in judicial review proceedings, its proper role is generally to assist the court neutrally. If it actively…

In an appeal from a professional regulator, procedural grounds must be pleaded with sufficient precision. Permission to introduce a late challenge to factual…

Interim relief in a public law claim may be decisive of the practical issue in dispute. In such a case, the court may examine the apparent strength of the…

In an extradition appeal, an adjournment requires a proper and sufficiently grounded basis. Speculation that further medical evidence, changed circumstances or…

The statutory requirement of due impartiality is assessed by reference to the relevant broadcast and, where permitted, clearly linked and timely programmes…

Interim relief in public law proceedings requires a real prospect of obtaining final relief, followed by consideration of the balance of convenience and the…

The Parole Board may consider allegations of misconduct or offending which have not been proved, provided they are potentially relevant to risk and the…

Detention pending deportation is lawful only for the statutory purpose and for a period reasonably necessary to achieve removal. The court must form its own…

A community protection notice may be issued only to the individual or body whose own unreasonable conduct is having the required persistent or continuing…

A charge of common assault will ordinarily be understood as including an allegation of actual unlawful force, namely battery. The description assault by…

For dual criminality under the Extradition Act 2003, the court examines the conduct alleged or described in the warrant and asks whether it would constitute an…

In extradition proceedings, the strong principle of open justice means that anonymisation of a convicted person requires a very good case. The mere existence…

On an appeal concerning Article 8 and extradition, the appellate court must decide whether the district judge’s overall evaluation was wrong. It may intervene…

A detailed statutory scheme governing the disclosure of barring information cannot generally be supplemented by implied powers. Under Article 7 of the…

A local authority’s duty to respond to a police request for secure accommodation under Police and Criminal Evidence Act 1984, s 38(6), requires a reasonable…

A prosecution appeal remitted under section 106 of the Extradition Act 2003 does not create a fresh extradition hearing. The judge must continue from the…

Successive extradition proceedings may constitute an abuse of process where they amount to a collateral attack on a decision made in materially identical…

An information for a summary offence may be amended after the six-month limit where the amendment alleges the same misdoing as the original charge and is in…

An accusation European Arrest Warrant is construed in a cosmopolitan manner, having regard to the criminal procedure of the requesting state. References to…

A specialist regulator may use numerical indicators as part of a structured assessment, provided they are not treated as automatic or inflexible cut-offs and…

Private communications are not exempt from professional disciplinary scrutiny. A regulator may refer alleged misconduct to a disciplinary tribunal where the…

An unreasonable refusal to engage in alternative dispute resolution may justify indemnity costs, but it does not automatically attract that sanction. The court…

A Parole Board’s decision is unlawful only where its assessment of risk, including its decision whether to obtain further evidence, cannot be rationally…

For a Restricted Status prisoner, the central question on a proposed downgrade is whether there is convincing evidence that the risk of re-offending if…

A high-level planning policy establishing the general extent of a Green Belt does not, without more, define every parcel within that area as Green Belt land.…

On a statutory planning review, the court examines legality, not the merits or relative weight assigned to planning considerations. The decision-maker must…

For the purposes of regulation 13 of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010, a personal gift of excise goods is not for the…

Paragraph 11(d)(ii) of the National Planning Policy Framework 2019 does not require relevant development plan policies to be excluded from the tilted balance.…

Relief from sanctions should generally be considered through the three-stage approach in Denton v TH White Limited. The merits of the underlying claim are…

Parties in judicial review and statutory review proceedings have a continuing duty to assist the court in managing its finite resources. That duty includes…

Professional disciplinary jurisdiction is not confined by a bright line between private and public conduct. The question under Core Duty 5 is whether the…

Where a person has assumed liability for Community Infrastructure Levy, liability arises when the chargeable development commences. It is assessed by reference…

A decision to remove an EEA national from the United Kingdom pending determination of an appeal is a separate measure restricting freedom of movement. It…

When a public body applies non-statutory guidance, the court determines the guidance’s meaning objectively, in context and by reference to its language. The…

Applications for unexplained wealth orders are subject to a strong presumptive starting point of determination in private, particularly where made without…

Under section 82 of the Extradition Act 2003, extradition may be barred where delay makes it unjust or oppressive. Unjustness principally concerns prejudice in…

An appellate court may remit a case for review in light of a material change of circumstances without first allowing the appeal or quashing the decision under…

A closure order may be made without proving that the respondent personally engaged in disorderly, offensive or criminal behaviour. The statutory question is…

For oppression under section 25 of the Extradition Act 2003, the court must apply a high threshold and assess the requested person’s mental condition, the risk…

A BID levy becomes payable only when the statutory conditions for liability and service of a demand notice are satisfied. The information required by paragraph…

A regulator’s reasons are adequate if, read in context, they enable the affected person to understand why the principal controversial issues were decided as…

When determining reporting restrictions in an extradition appeal, the High Court may make orders necessary to avoid unjustified interference with Article 8…

Under section 84(1) of the Extradition Act 2003, the extradition judge asks whether the evidence would make a case requiring an answer in a summary trial…

Clinical commissioning groups have a broad discretion when reconfiguring health services. The duty to have regard to reducing inequalities in access and…

An appellate court hearing a professional disciplinary appeal by way of rehearing should respect the specialist tribunal’s assessment of evidence, particularly…

For a police injury pension, a psychiatric injury must result from work circumstances in which the officer exercised his duty, rather than merely from an event…

On an appeal under the Extradition Act 2003, the High Court reviews whether the extradition judge made an error requiring discharge; it does not simply…

A public authority does not make a final decision merely because a policy review leaves an existing regime unchanged, where the issue remains under active…

Under section 193(2) of the Housing Act 1996, a housing authority must secure suitable accommodation for an applicant owed the homelessness duty. Accommodation…

Where the Secretary of State considers an application for leave outside the Immigration Rules on the basis that an applicant was a victim of domestic violence…

Under the Aarhus costs regime, the absence of an express reference to interested parties does not prevent the court from applying the costs cap or ordering an…

A policy for recording non-crime hate incidents was lawful. Mere recording, without more, was too remote from consequences to interfere with freedom of…

Discretionary police sick pay is governed by an individualised assessment under the applicable regulations and force policy. A finding that an officer has…

A student-loan eligibility requirement may constitute indirect sex discrimination where it disproportionately disadvantages women, even though other features…

On a statutory appeal from a professional regulatory tribunal, the High Court must decide whether the decision was wrong or unjust because of a serious…

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

In an inquest concerning a state-detained patient who died of malnutrition, neglect must be left to the jury where the evidence gives rise to a properly…

Section 357(2) of the Proceeds of Crime Act 2002 prevents an application for a disclosure order that is in relation to a detained cash, detained property or…

A local authority’s duty under Part III of the Children Act 1989 may be arguable where a person claiming to be a child in need is physically within its area.…

In a challenge to a neighbourhood plan, the local planning authority’s task under paragraph 12 of Schedule 4B to the Town and Country Planning Act 1990 is to…

On a review of a minimum tariff, the court may reduce the tariff where the prisoner has demonstrated exceptional and unforeseen progress since sentence. The…

Where a claimant challenges refusal of entry clearance on the basis that it prevents participation in a related appeal, the court must identify the legal…

Judicial review is ordinarily a remedy of last resort where Parliament has provided an adequate statutory appeal. A challenge to apparent bias and procedural…

For the airport NSIP provisions, “capable” capacity means the increase realistically expected to be achieved from the proposed alteration. It does not require…

Higher-rate bereavement support payment may not be restricted to surviving spouses and civil partners where the payment is intended, at least in part, to…

On an appeal by case stated, the question is whether the magistrates were wrong to refuse an adjournment, not merely whether their decision was reasonable.…

Under the Police (Injury Benefit) Regulations 2006, an injury pension is generally payable from the officer’s retirement date, unless the Regulations expressly…

A requesting state may use an assurance to show that extradition will not expose a requested person to treatment contrary to article 3 of the European…

In assessing whether extradition is disproportionate, the court must evaluate the conduct alleged rather than rely mechanically on offence categories or the…

Deliberate breach of an injunction protecting the identities of persons at continuing risk ordinarily warrants immediate custody. Suspension is available, but…

An interim stay restraining a public authority from acting may be approached by applying the injunction principles in American Cyanamid, modified to reflect…

Extradition proceedings are not an abuse of process merely because the requested conduct is connected with conduct for which the person was prosecuted abroad.…

On an appeal under section 27(4) of the Extradition Act 2003, fresh evidence may justify a different Article 8 assessment from that made at the extradition…

Under article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015, the power to agree a longer determination period applies…

In a Part 2 extradition appeal, the statutory conditions governing fresh evidence apply even where Convention rights are relied upon. Evidence available, or…

The appointment of a special advocate in closed material proceedings is fact-sensitive and ordinarily requires an exceptional case. Challenges to search and…

The High Court may intervene under its inherent jurisdiction where a costs decision contains an error of law and maintaining it would cause very serious…

A temporary planning permission should not be granted merely because there is an unmet need for traveller sites. The likelihood of suitable accommodation…

For the purposes of paragraph 19(3) of LASPO, “benefit” has its ordinary broad meaning. It need not be financial or material, but it must be real and…

A deliberate breach of an injunction protecting individuals from identification and vigilantism is a serious contempt because the principal gravity lies in the…

Under section 14 of the Extradition Act 2003, passage of time bars extradition only where extradition would be unjust or oppressive. Unjustness concerns…

When deciding whether extradition remains appropriate, the court must take account of time already spent in custody during the extradition process. A…

When a young asylum seeker claims to be under 18, a local authority may use an abbreviated assessment based on physical appearance and demeanour only where the…

Where the High Court has itself determined the human-rights question resulting in an extradition case being sent to the Secretary of State, the subsequent act…

A pension-scheme power permitting suspension of benefits merely because a member has been charged with a serious offence is unlawful where it operates before…

When judicial review proceedings become academic, the court may determine costs by assessing the likely outcome of the claim and the conduct of all parties.…

When deciding whether an indeterminate-sentence prisoner should transfer to open conditions, the Parole Board must carry out an actual balancing exercise…

A planning policy requiring a minimum separation does not necessarily create an inflexible rule. The court must identify the policy’s purpose and context.…

In a habitats assessment, a competent authority must be satisfied beyond reasonable scientific doubt that a project will not adversely affect a protected…

An unincorporated association has capacity to bring a judicial review or statutory public-law challenge. The central question is whether it has standing…

A planning authority may grant permission where it has sufficient environmental information to make a rational judgment that significant adverse effects are…

In a rehearing of an appeal from a professional disciplinary tribunal, the court must decide whether the tribunal’s decision was wrong, while giving…