High Court: Administrative Court judgments, 2022

A public-law decision may be unlawful where its reasoning contains a demonstrable factual, logical or methodological flaw. A mistake of fact must ordinarily…

Extradition is barred by Article 3 where there are strong grounds for believing that the requested person faces a real risk of inhuman or degrading treatment.…

A parent has no fundamental common-law right to excuse a child from particular teaching after choosing a maintained school. The principle of legality protects…

On an appeal against professional disciplinary findings of fact, the appellate court should interfere only where the tribunal’s decision was wrong or unjust…

A housing allocation scheme may lawfully impose qualification criteria, but those criteria must comply with statutory reasonable-preference duties and equality…

In a statutory challenge to a planning inspector’s decision, the court held that a development-plan policy requiring affordable housing subject to the…

A tariff imposed on a person sentenced to detention during Her Majesty’s Pleasure may be reduced on specified grounds, including exceptional progress resulting…

The statutory duty to provide asylum support requires an objective minimum standard sufficient to meet essential living needs and maintain a dignified standard…

Public interest immunity may justify withholding relevant and disclosable material where disclosure would cause serious harm to international relations. The…

The Financial Ombudsman Service may determine complaints by reference to what is fair and reasonable, taking account of relevant law, regulations, regulatory…

On a review of Terrorism Prevention and Investigation Measures, the court must apply judicial-review principles and assess whether the statutory conditions…

In a planning permission challenge, the scope of an authority’s delegation is determined primarily by the committee’s resolution. An officer’s report may…

A prior-approval application under the Town and Country Planning (General Permitted Development) (England) Order 2015 is distinct from an application for…

Section 68 of the Criminal Justice and Public Order Act 1994 does not require the prosecution to prove that the defendant knew or was reckless as to whether he…

A challenge to cancellation of immigration leave on the ground of illegal working is determined by conventional public-law principles, including Wednesbury…

Venue in judicial review proceedings should be determined by the claim’s closest connection and the overriding objective. Where substantially similar issues…

In a judicial review concerning ongoing detention, venue should ordinarily be determined by the region with which the claim has its closest connection. The…

Extradition legislation should receive a generous and purposive construction so that extradition can operate effectively. That approach must be balanced…

Under the Withdrawal Agreement, a constitutive residence scheme must preserve the residence rights conferred on its beneficiaries. A person granted pre-settled…

Exclusions from a Prohibition Order are discretionary and must be justified by evidence. The court must consider whether it is just to permit restrained funds…

Under CPR r 39.6, a company may be represented at trial by an authorised employee only with the court’s permission. Permission should ordinarily be granted…

A Parole Board panel may make findings about alleged criminal conduct using the civil standard of proof, but must act with appropriate circumspection where…

In planning judicial review, the court reviews legality rather than the merits or weight given to planning considerations. A local planning authority need…

Administrative Court venue is determined by the region with which a judicial review claim has its closest connection. The London venue is not a national or…

An English extradition court may, where necessary to protect Convention rights, consider whether time spent on bail restrictions in the requested state has…

A local housing authority’s power to provide alternative accommodation does not itself create a duty to do so. Where a housing problem is presented as a…

A compulsory purchase order granting a sewerage undertaker a right to discharge into a private canal need not reproduce statutory protections applicable to…

A safe-third-country removal policy is lawful if the decision-maker thoroughly examines the receiving state’s asylum system, takes reasonable steps to obtain…

A development plan must be interpreted according to its adopted wording and, where relevant, the examination report that informed it. A requirement for…

A High Court order refusing permission to apply for judicial review after a hearing remains effective unless set aside through a valid procedure, including an…

An appointed planning inspector must personally determine the appeal, but may obtain assistance with site visits, document handling, evidence gathering and…

For aggravated trespass, a lawful activity may include preliminary works forming part of a wider construction project. In the appropriate context, clearing…

The statutory power to refer a determinate-sentence prisoner to the Parole Board requires the Secretary of State to hold an objectively supportable belief, on…

Planning officers’ reports must be read fairly and as a whole. They should not be subjected to hypercritical scrutiny. A planning authority may treat recent…

For the purposes of the original section 2(1) of the Immigration Act 1971, qualifying words such as “in the United Kingdom or in any of the Islands” may apply…

Permission to reopen an extradition appeal under Crim PR r 50.27 is an exceptional remedy. The applicant must show that reopening is necessary to avoid real…

In determining development-consent applications, the decision-maker must apply the relevant national policy statements as a whole and may exercise planning…

A decision refusing to issue criminal summonses may be challenged by judicial review only on an established public-law ground. Where irrationality is alleged…

A magistrates’ court may commit an offender to imprisonment for default under a confiscation order where the evidence establishes wilful refusal or culpable…

A building containing both self-contained and shared residential accommodation may remain a single dwellinghouse in use as a small house in multiple occupation…

Section 30(3) of the Local Government Act 1974 protects confidentiality generally. Naming a person in an ombudsman’s report does not, without more, signify an…

Procedural fairness in a prison-recall decision is context-specific. In an emergency recall, the decision-maker is not generally required to investigate or…

A planning enforcement order may be sought after the ordinary enforcement period where deliberate concealment has occurred. The six-month period under section…

A statutory appeal against compulsory de-registration is not a rehearing. The High Court applies a judicial-review standard, subject to the regulator’s express…

A common law duty requires the Parole Board to complete a parole review within a reasonable time. The assessment is fact-sensitive, and a more stringent…

In an extradition appeal under Article 8 of the European Convention on Human Rights, fugitivity depends on whether the requested person deliberately and…

A public body that undertakes a consultation must conduct it fairly, but fairness is fact-specific and does not require perfection. Whether discarded…

When reviewing a financial penalty imposed by a broadcasting regulator, the court must closely scrutinise any interference with Article 10 rights, but must not…

An extradition warrant satisfies the information requirement where it gives the requested person and the requested state a sufficiently clear understanding of…

In an extradition appeal involving Article 8 family-life rights, appellate intervention is justified where the lower court makes a recognisable public-law…

A public authority that commissions an advisory review must take it into account where it is materially relevant, but is not generally required to adopt its…

An application under section 73 of the Town and Country Planning Act 1990 may remove conditions which restrict the statutory benefit of the Use Classes Order…

Section 9 of the Taxation (Cross-border) Trade Act 2018 empowers regulations giving effect to an international arrangement. It does not require the court, in…

In extradition cases, the absolute prohibition in the European Convention on Human Rights applies where strong grounds establish a real risk of treatment…

Where a planning enforcement appeal could be challenged under section 289 of the Town and Country Planning Act 1990, that appeal will normally be an adequate…

For the organised-crime participation offence, the territorial requirement is satisfied only if at least one act or omission comprising the accused person’s…

Policy Q10 of the Lambeth Local Plan creates a cascading scheme. Significant trees should be retained and protected under paragraphs (B) and (C), but paragraph…

A misconduct panel’s classification of conduct under several professional standards does not, without more, increase its substantive gravity. Judicial review…

A Parole Board assessing risk must base its assessment on undisputed or established facts. It must not treat unproven and disputed allegations as indicative of…

The Information Commissioner is not required to investigate every data-protection complaint to the point of reaching a conclusive determination. Under Article…

A privately owned airport operator may, depending on the nature, context and consequences of the decision, be performing a public function amenable to judicial…

Judicial review is ordinarily a remedy of last resort. Where Parliament has created a specialist statutory procedure capable of determining the dispute, the…

A challenge to cancellation of student leave for breach of a 20-hour work restriction is governed by ordinary judicial review principles. The court does not…

For consent to works on registered common land, the applicant must properly explore potential alternatives and explain why they have been rejected. The…

In naturalisation cases, the applicant bears the burden of satisfying the Secretary of State that they are of good character. The assessment is evaluative and…

At the permission stage of judicial review, the court considers whether the proposed grounds cross the threshold of arguability, rather than determining…

A Deportation Liability Notice is not a “measure” or “decision” under Articles 27 and 30 of Directive 2004/38/EC. It is a notification of a possible future…

Section 14 of the Extradition Act 2003 requires a fact-specific evaluation of whether extradition would be oppressive by reason of the passage of time.…

When deciding whether to extend an interim suspension order imposed by a professional regulator, the court must assess the necessity and proportionality of the…

When extending an interim conditions of practice order, the court must be satisfied that the order is necessary and proportionate in respect of its existence…

Planning officers’ advice vitiates a planning decision only where a material error remains uncorrected and materially misleads or misdirects the…

Planning decision reasons must intelligibly explain the conclusions reached on the principal controversial issues. An inspector need not mention every policy…

Paragraph B.1(a) of Class B, Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 contains three…

A regulator’s factual-accuracy process is lawful if an independent reviewer considers the draft report, the provider’s factual-accuracy comments and the…

In an extradition appeal, fairness requires an adjournment where the appellant has not had a proper opportunity to discuss relevant issues and give…

A Secretary of State is not required to retain Special Advocates after national-security proceedings have ended. Effective human-rights protection may instead…

An application for a magistrates’ court summons complies with Criminal Procedure Rules r 7.2(3)(b)(i) if, from the information supplied, the court can…

A prosecutor’s certificate under section 127(7) of the Communications Act 2003 is conclusive evidence of the relevant date unless it is not in the proper form…

The Windrush Scheme does not rewrite British nationality law or create a general discretion to grant citizenship or leave outside the scheme. An application…

An appeal under sections 23B–23G of the Gas Act 1986 is a statutory review for wrongness, not a de novo rehearing. The applicable standard depends on the…

In an extradition appeal, the proportionality of interference with private life under Article 8 depends on the evidence of the consequences of extradition and…

In an extradition appeal concerning Article 8 ECHR, fugitivity is a significant adverse consideration but does not operate as an automatic bar to reliance on…

On a renewed application for permission to seek judicial review of an appeal decision concerning police complaints, permission should be granted only where the…

On an appeal against a medical disciplinary sanction, the court conducts a rehearing and exercises its own judgment on whether the sanction was excessive…

A planning authority must take into account a national planning policy that is plainly material to an application, even where a more stringent local policy has…

In a planning statutory review, the court examines legality, not the planning merits. An irrationality challenge succeeds only where an error of reasoning…

Under the Housing Grants, Construction and Regeneration Act 1996, the statutory assessment of a Disabled Facilities Grant proceeds in stages. The authority…

A person may be detained only under lawful authority. Where detention relies on a court order, its scope depends on the order’s terms. A remand warrant…

In determining the venue of an Administrative Court claim, the court must identify the region with which the claim has its specific connection and closest…

In applying the Kides principle, a planning authority need not refer an application back to committee whenever a new matter arises after a resolution to grant…

The conditions identifying a relevant offence under section 19(10) of the Offensive Weapons Act 2019 are disjunctive. An offence need satisfy only one of…

On an extradition appeal engaging Article 8 ECHR, the appellate court will not interfere with the District Judge’s balance-sheet assessment or outcome unless…

A local authority deciding how to meet eligible care and support needs must make a reasoned, procedurally fair and reasonable decision under section 18 of the…

Permission for judicial review requires an arguable ground with a realistic prospect of success. A planning officer’s report is read fairly and as a whole…

An appeal under section 49 of the Solicitors Act 1974 proceeds by way of review, not rehearing. The court interferes only for legal or factual error, an…

In extradition proceedings, the public interest in extradition carries great weight, but its weight varies with the nature and seriousness of the offence. The…

A police misconduct panel must apply the statutory Outcomes Guidance when deciding sanction. A non-trivial failure to follow it is highly likely to be an error…

A court order remains valid and enforceable unless and until it is set aside. A person cannot defend contempt proceedings by arguing that the order should…

A Secretary of State must give effect to a Parole Board direction releasing a life or IPP prisoner as soon as is reasonably practicable in all the…

A magistrates’ court retains jurisdiction to consider a sexual harm prevention order after imposing a substantive sentence. The phrase “dealing with the…

Under section 91 of Extradition Act 2003, oppression requires an overall evaluative judgment on all salient circumstances. The court must consider the…

Procedural non-compliance in making a traffic order permits quashing only where the applicant’s interests have been substantially prejudiced. The applicant’s…

In a renewed application for permission to seek judicial review of planning decisions, a claimant must show an arguable error of law. Planning authorities may…

A planning policy must be interpreted objectively by its language and context. The fact that a proposal is not positively supported by one part of a policy…

Apparent bias in a planning committee is assessed by asking whether the fair-minded and informed observer would conclude that there was a real possibility of…

Under Part 7 of the Housing Act 1996, suitability is relative and must be assessed by reference to the household’s needs, the accommodation’s location…

For deemed consent under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, an advertisement must comply with the standard…

In an extradition appeal, delay under section 14 of the Extradition Act 2003 is assessed from the point at which a person convicted in absentia becomes…

On an appeal by case stated, the High Court does not decide afresh whether a costs threshold was met. It asks whether the lower court erred in law or approach…

Whether procedural fairness requires an oral hearing in a Category A security review is a question of objective correctness for the court. The decision-maker…

For statutory maximum-length rules, “overall length” includes all parts of the vehicle, including the vehicle structure on which special equipment is mounted.…

Permission for judicial review should be granted where the grounds cross the threshold of arguability and have a realistic prospect of success. At the…

Habeas Corpus may be available where a detainee is outside the jurisdiction if the respondent has actual custody or a reasonable prospect of controlling…

On a judicial review of the Financial Ombudsman Service’s jurisdiction, the reviewing court must determine its role by statutory interpretation. A…

In reviewing exceptional applications for leave outside the Immigration Rules, decision-makers must apply the published policy accurately and give rational…

Account forfeiture under Part 5 of the Proceeds of Crime Act 2002 is a civil recovery remedy. It is distinct from confiscation following conviction under Part…

In an extradition appeal based on Article 8 ECHR, the appellate court asks whether the district judge’s proportionality decision was wrong, giving appropriate…

In a statutory challenge to a planning appeal decision, the court reviews legality rather than the planning merits. A decision-maker may treat the…

An appellate court considering a professional disciplinary appeal should interfere with factual or evaluative findings only where the decision was wrong or…

Habeas corpus will fail where the detention is authorised by a valid warrant issued under applicable primary legislation, even though the prisoner alleges that…

A mandatory order requiring a public authority to provide accommodation must be obeyed by the stipulated date unless set aside or varied beforehand. A pending…

The court has a wide discretion to award costs on the indemnity basis. The governing question is whether the conduct of a party, or other circumstances of the…

An immigration interview must be procedurally fair. Where an applicant offers potentially relevant evidence, fairness may require the decision-maker to explore…

On an appeal from a specialist disciplinary tribunal, the High Court must determine whether the decision was wrong or unjust because of serious procedural or…

A party receiving a confidential embargoed draft judgment may circulate it, or communicate its outcome, internally only where there is a genuine need connected…

On an appeal under rule 4(4)(a) of the Police Appeals Tribunal Rules 2012, the tribunal must decide whether the misconduct finding was outside the range of…

Under section 64 of the Magistrates’ Courts Act 1980, costs are discretionary and must be determined by what is just and reasonable in all the circumstances.…

Judicial review proceedings should address the lawfulness of the decision actually challenged. They cannot be used to determine the legality of later, distinct…

Judicial review is supervisory. It is not a vehicle for the court to resolve general disputes about education policy or competing evidence on multifactorial…

The statutory power to grant a lay person rights of audience is discretionary and must be exercised in the interests of justice. The court must respect…

A school reorganisation proposal may affect schools beyond those directly closing or opening. A Welsh-medium school is affected where there is a real…

A sexual harm protection order may be necessary alongside life-licence conditions where the licence regime does not sufficiently address the offender’s…

A scheme distributing agricultural subsidies for common land may calculate payments in proportion to productive use, provided that it also recognises…

Costs under section 19 of the Prosecution of Offences Act 1985 are exceptional. A failed prosecution, discontinuance, or dismissal for no case to answer does…

A planning decision must be read fairly and as a whole. An inspector need address the principal important controversial issues, but need not answer every…

On an application to set aside an account freezing order, the court must reconsider, on all material then before it, whether there are reasonable grounds for…

Fresh evidence in an extradition appeal must be assessed by asking whether it would have required the extradition judge to reach a different conclusion under…

Deemed consent for an advertisement under Class 13 Part 1 of Schedule 3 to the Town and Country Planning (Control of Advertisements) (England) Regulations 2007…

In an application for a search warrant or approval made without notice, the duty of candour requires the applicant to disclose material facts which may affect…

Permission for judicial review requires an arguable ground with a realistic prospect of success. A regulator is not guilty of a wholesale failure to perform…

Where a public authority has acted unlawfully, an effective remedy may require a mandatory order even though the authority is expected to comply with the…

When deciding whether to depart from a Parole Board recommendation, the Secretary of State must identify precisely the conclusion in dispute. A conclusion on…

Public authorities defending judicial review proceedings owe a positive duty of candour from the point at which they know that a decision or action is likely…

Where a litigant seeks bail in habeas corpus proceedings, the court may adjourn the bail application if a prior issue concerning representation or rights of…

On a statutory appeal against sanction, the court may substitute its own decision where erasure was wrong, disproportionate or procedurally unjust. The appeal…

For the trigger event in paragraph 4 of Schedule 1A to the Commons Act 2006, a development plan must identify the relevant land, or a sufficiently defined area…

The omission of provision for victims of transnational marriage abandonment from the domestic-violence settlement route was unlawful discrimination. Victims…

On an appeal by case stated concerning a sexual harm prevention order, the High Court may interfere only for an error of law or where the decision was one no…

Continuation of an interim regulatory order requires necessity for the protection of the public or in the public interest. Necessity applies to whether an…

An interim suspension order may be extended where continuation is necessary for the protection of the public or in the public interest. The court should…

An interim conditions of practice order may be extended only where the extension, its duration and the nature of the order are necessary for public protection…

In a Category A prisoner’s annual review, procedural fairness does not ordinarily require an oral hearing merely because the prisoner disputes reports or…

In extradition proceedings, conduct described in a European arrest warrant must make the corresponding domestic offence a necessary inference; a possible or…

Applications to adjourn a summary trial require rigorous scrutiny and cogent reasons. The court must consider the likely consequences and length of the…

A judicial review claim should ordinarily be issued and determined in the Administrative Court region with which it is most closely connected. The resulting…

In determining the venue for a case stated appeal, the court should identify the region with the closest and most specific connection to the appeal. Relevant…

A contractual dispute concerning a non-NHS general medical services contract is ordinarily a private-law matter. The public and statutory setting of NHS…

Alternative service under CPR 6.15 requires a holistic assessment of whether there is good reason to validate steps bringing a claim form to the defendant’s…

A local authority’s duty under section 42(2) of the Children and Families Act 2014 to secure the special educational provision specified in an education and…

In a challenge to development consent orders, the adequacy of an environmental assessment and the extent of inquiry are matters for the decision-maker, subject…

An immigration policy may state general requirements in unqualified terms. It remains lawful only if decision-makers retain discretion, consider relevant…

Planning policy must be construed objectively from its language and proper context. The policy must be read as it stands, without unnecessary investigation of…

A competent person may choose whether to accept or refuse medical treatment, including treatment carrying a risk of death. That autonomy does not entitle the…

A Police Appeals Tribunal reviewing a misconduct decision must decide whether the finding or sanction was unreasonable within the applicable appellate test.…

Adjournments caused by the temporary unavailability of defence counsel may constitute a good and sufficient cause for extending a custody time limit. The issue…

In judicial review of a planning decision, the court must avoid hypercritical scrutiny of an officer’s report. The report need only address the principal…

Under the criminal costs regime, a magistrates’ court may order a convicted defendant to pay the prosecutor’s costs of the proceedings as a whole, including…

A statutory discretion to make third-party deductions from subsistence benefits must be exercised in the claimant’s interests, not simply the creditor’s. A…

Entry-clearance decisions do not determine civil rights or obligations and therefore fall outside article 6 of the European Convention on Human Rights.…

Legally adequate particulars are required for an accusation European arrest warrant to be valid. Further Information may cure omissions, but cannot cure a…

Where judicial review proceedings may affect a person’s liberty, the court must allow the affected parties a fair and reasonable opportunity to respond and to…

Under section 13 of the Coroners Act 1988, a fresh inquest may be ordered where new evidence makes a further investigation necessary or desirable in the…

On a renewed application for permission to appeal in an extradition case, arguability requires a realistic prospect of establishing a material error of…

When deciding whether an indeterminate-sentence prisoner should move from closed to open conditions, the Parole Board may consider the prisoner’s longer-term…

Where systemic evidence has displaced the presumption that a requesting state will comply with article 3 in its prisons, that state must dispel any real risk…

Litigation capacity is a functional question directed to the person’s ability to make the particular decisions required in the proceedings concerned. The court…

The exclusion of a surviving spouse from bereavement support payment solely because the deceased spouse was unable, through severe disability, to make the…

In an application to extend a custody time limit, the prosecution must establish both a good and a sufficient cause, and must show that it has acted with due…

Under regulation 9(3) of the Conservation of Habitats and Species Regulations 2017, a competent authority must take the requirements of the Habitats Directive…

Unequal treatment is not an independent ground of judicial review. The question is whether the decision-maker has drawn irrational distinctions between…

The UK Statistics Authority may make fundamental changes to the Retail Prices Index under the Statistics and Registration Service Act 2007, including adopting…

A local authority may adopt a constitutional rule restricting voting on a deferred planning application to councillors who participated in the earlier…

For an offence to be racially aggravated under section 28(1) of the Crime and Disorder Act 1998, the prosecution must prove either that the offender…

Section 20(1) of the Children Act 1989 imposes a duty, not merely a power, to accommodate a child in need where the statutory conditions appear to the local…

On an extradition appeal, the appellate court must decide whether the district judge reached the wrong statutory conclusion. Under section 14 of the…

On an extradition request, specialty arrangements require more than statutory incorporation of the specialty rule. The court must be satisfied that the…

A condition attached to agricultural permitted development rights is construed in the context of the statutory scheme that created those rights. Where a…

Public interest immunity requires a case-specific balancing exercise. The court, rather than the minister, is the ultimate decision-maker. It must assess the…

Once the Secretary of State has decided under section 4(2) of the Immigration and Asylum Act 1999 to provide accommodation to avert an imminent Article 3…

Inconsistency between public decisions is not a free-standing ground of judicial review. It may amount to irrationality where materially similar cases receive…

When determining whether to discharge a planning condition requiring approval of details, the authority must remain loyal to the terms and purpose of the…

The interpretation of planning policy is a question of law for the court, while its application to particular facts remains a matter for the planning…

Interim relief challenging amended parole rules requires a real prospect of obtaining final relief, followed by an assessment of the balance of convenience and…

In a planning judicial review, the court reviews legality rather than planning merits. Previous decisions concerning the same or similar development are…

Under the Financial Services Compensation Scheme, a valid claim may extend beyond the civil liability strictly arising under a protected insurance contract.…

For the purposes of article 14 read with article 8, differential access to protection for victims of domestic violence may be justified even where different…

An appeal from a specialist professional tribunal is ordinarily a review. The High Court should intervene only for a material error of law, fact or discretion…

On a statutory review of a planning appeal decision, an inspector must assess all material policies in an emerging local plan and explain the weight given to…

An extradition appeal succeeds only where the first-instance decision was wrong or decisive fresh evidence demonstrates that extradition should have been…

A building may remain a dwellinghouse while being used in more than one way. An HMO within Use Class C4 is, by definition, the use of a dwellinghouse by not…

On an appeal against discharge under sections 28 and 29 of the Extradition Act 2003, the relevant question is the issue whose determination caused the…

Development plan policies must be interpreted purposefully and in context. A policy directed to affordable housing does not regulate the mix of open-market…

In extradition cases involving alleged deficiencies in judicial independence, systemic and general material remains relevant at the second stage of the…

For the four-year enforcement time limit, substantial completion must be assessed by reference to the building operations which cumulatively produced the…

For the purposes of section 20 of the Extradition Act 2003, a person who was absent from trial may be treated as present where he knowingly instructed a lawyer…

On an extradition appeal, the court must decide whether the extradition judge made an error requiring discharge. Where the alleged risk of treatment contrary…

Procedural exclusivity is a narrow abuse-of-process principle. It prevents a claimant from using an ordinary claim to circumvent safeguards which would apply…

The common law protects effective access to justice, including access to legal advice. An executive hindrance requires clear statutory authority, and…

In a withdrawn judicial review, costs should not be allocated on the basis that it was tolerably clear who would have won unless the court has sufficient…

The duty under section 193(2) of the Housing Act 1996 is immediate, non-deferrable and unqualified. When deciding whether to grant a mandatory order for…

The Financial Ombudsman may investigate complaints about interest charges falling within the applicable time limit, even where the rate charged was set partly…

A judicial review costs capping order may be varied retrospectively where the court has jurisdiction and the circumstances are sufficiently exceptional. The…

A police misconduct decision-maker must assess seriousness through culpability, harm, aggravating features and mitigating factors, then consider the purposes…

In reviewing a police disciplinary sanction, the Administrative Court must identify a public law error and must not substitute its own assessment of the…

A repeated request for disclosure may give rise to a fresh public-law decision where the authority considers it fully and takes account of new relevant…

A declaration of parentage may establish that a person was a child’s parent as a matter of fact and law. Where an adoption order was obtained because the…

Where an applicant’s circumstances most closely match the Afghan Relocation and Assistance Policy (ARAP), an ARAP application accompanied by correspondence…

Under section 13(b) of the Extradition Act 2003, “gender” can include the gender identity of a transgender person. The bar requires cogent evidence of a…

An asylum seeker's age assessment must rest on reasonable, circumstance-specific investigation and a fair process. The distinction between a full…

An appellate court reviewing an extradition judge’s Article 8 proportionality assessment must review the decision rather than conduct the balancing exercise…

Directions affecting extradition appeals have the status of court orders only when made by a judge or by an authorised court officer acting under the…

Permission for judicial review should be refused unless the proposed ground is arguable and has a realistic prospect of success. Where a ministerial decision…

Under Schedule 17 to the High Speed Rail (London-West Midlands) Act 2017, a request for approval is valid when it contains the information without which no…

In managing judicial review proceedings, the court must balance expedition and efficient case management against each party’s opportunity to present its case…

A local authority must comply with the statutory framework governing special guardianship financial support. It must have regard to the statutory guidance and…

Articles 2 and 3 ECHR may require systems, operational and investigative obligations, but their scope depends on context. A lower-level systems duty to adopt…

Permission for judicial review should be granted where the claim crosses the threshold of arguability. This does not involve a prediction that the claim will…

The classification of a waste shipment as recovery or disposal depends on the waste operation actually undertaken. The operations listed in Annexes I and II to…

For a certificate of lawful use or development, the decision-maker must consider both requirements in section 191(2) of the Town and Country Planning Act 1990.…

The High Court has no judicial review jurisdiction over decisions and procedural matters relating to a trial on indictment where the statutory exclusion in…

A power to suspend or redeploy a police officer under regulation 11 of the Police (Conduct) Regulations 2020 does not authorise restrictions on the officer’s…

Under section 189A of the Housing Act 1996, a local housing authority must make a written assessment identifying an applicant’s key housing needs, including…

Under section 13 of the Climate Change Act 2008, the Secretary of State may combine quantitative and qualitative assessments when deciding whether proposed…

At the permission stage of a judicial review challenging refusal of citizenship for alleged deception, a claim is arguable where the evidential basis for the…

Permission for judicial review should be granted where the claimant identifies a properly arguable point of statutory construction, even though the court…

A permitted development right for development required by the conditions of a caravan site licence must be assessed against the licence read as a whole.…

For presumed dedication of land as a highway, there must first be evidence that a way has been actually enjoyed by the public as of right and without…

In a conviction case under the Extradition Act 2003, the four-month threshold is assessed by reference to the overall sentence imposed for the conduct…

A planning decision will be unlawful only where the officer’s report contains a distinct and material defect that materially misleads the committee on a matter…

A condition imposed under section 14 of the Public Order Act 1986 must be interpreted objectively from its language and relevant context. Subjective…

Permission for judicial review should be granted where the proposed grounds are properly arguable and it cannot be shown that the outcome would highly likely…

In a planning decision involving heritage harm, “optimum viable use” under paragraph 196 of the National Planning Policy Framework applies only where the…

A local authority may consult on a preferred option, provided the proposal remains genuinely open to consideration and consultees understand the proposal and…

A local authority may use the statutory procedure for unauthorised encampments where it is the person entitled to possession of the land and any permission to…

Guidance addressing antisemitic incidents in schools does not unlawfully promote a partisan political view merely because it warns against organisations that…

In extradition proceedings, an alleged change in the requested person’s sentence does not establish abuse of process where the new judgment is not final and…

Permission to appeal in an extradition case should be refused where the first-instance judge applied the correct legal tests and there is no realistic prospect…

In an extradition case, an Article 14 ECHR objection based on the risk of discriminatory failure to protect a gay prisoner must be assessed by examining…

On a renewed application for permission to appeal an extradition decision, the court must consider whether the proposed Article 8 challenge is reasonably…

On a renewed application for permission to appeal in extradition proceedings, the High Court may remit a matter with a binding direction where it has…

Article 85 of EU Regulation 2017/625 imposes a high level of transparency on charges for official controls. The public must be given sufficient information to…

Section 26(6)(a) of the Local Government Act 1974 excludes an Ombudsman investigation only where the substance of the complaint concerns action or omission in…

On a without-notice application for a search and seizure warrant, the applicant must disclose material that might reasonably lead the judge to refuse the…

Final decisions on anonymity and redaction engage open justice and are appealable, rather than being merely administrative case-management decisions. On an…

In determining the venue for an administrative appeal, the court must assess the case’s overall geographical connection and the appropriateness of the proposed…

A local planning authority must have regard to every development-plan policy directly relevant to the proposed development. Overlap with national policy or…

For a sexual risk order, the applicant must prove to the criminal standard that the respondent has done an act of a sexual nature. It is unnecessary to prove…

In a withdrawn or academic judicial review, the costs decision is determined by the court’s discretion to do justice between the parties after a reasonable and…

The definition of mechanically separated meat is determined by the cumulative criteria in Annex I point 1.14 of Regulation (EC) 853/2004, as interpreted by the…

The vires of subordinate legislation is determined by construing the enabling statute in context and in light of legislative purpose. A restrictive approach…

Part 18 requests in judicial review proceedings must be necessary, proportionate and directed to matters already in dispute. They cannot be used as an…

For section 14 of the Extradition Act 2003, fugitivity requires a subjective state of mind: the requested person must knowingly place himself beyond the reach…

On an extradition appeal raising Article 8 ECHR, the court must conduct the proportionality assessment afresh where new evidence and changed circumstances are…

A Parole Board’s assessment of release risk is a specialist judicial function. The court must respect the Board’s evaluation of evidence and the weight…

The statutory purpose of a Schedule 7 stop and examination and the question of unlawful discrimination are distinct. A stop may have the statutory purpose of…

Interim relief may be granted where there is a real prospect that a public-law challenge will succeed, a claimant may face treatment contrary to Article 3…

For extradition following a conviction in absentia, the requesting authority must prove to the criminal standard that the person knew the date and place of the…

The power under section 8B of the Extradition Act 2003 to adjourn extradition proceedings while a requested person serves a UK sentence may be exercised…

On a section 40A appeal, the High Court reviews rather than rehearses the tribunal’s decision. It should respect a specialist tribunal’s evaluative judgment…

The conditions for suspension payments must be read according to their ordinary meaning. The provision identifying the practitioner’s status and the provision…

An environmental impact assessment screening opinion is a limited and provisional decision. It does not ordinarily require publication of administrative…

Retained EU law required prior independent authorisation before security and intelligence agencies accessed communications data for ordinary criminal purposes.…

A recall decision must be based on reasonable grounds and made through a procedurally fair process. The decision-maker must receive materially accurate…

Where the requesting judicial authority withdraws the European arrest warrant on which extradition was ordered, the court should discharge the requested person…

A statutory exclusion of compensation from the remedies available in disability-discrimination claims brought by school pupils was compatible with Article 14…

A charging policy for a public leisure facility does not place disabled users at a substantial or particular disadvantage merely because disabled people are…

Service of a judicial review claim form requires service of the sealed form in accordance with the Civil Procedure Rules. An e-mail address supplied for future…

An inquest is an inquisitorial investigation for which the coroner is responsible. Even where Article 2 requires an enhanced inquest, the coroner need…

An appellate court hearing a medical disciplinary appeal should respect primary findings of fact made by the tribunal that heard the evidence. It may interfere…

Judicial review of an Upper Tribunal refusal of permission to appeal is subject to the special Cart procedure only where the underlying decision is that of the…

An appeal from a specialist disciplinary tribunal proceeds by way of review unless a rehearing is required in the interests of justice. The High Court should…

The Local Government Ombudsman has a broad statutory discretion over whether to investigate, continue or discontinue a complaint, subject to ordinary…

Permission to appeal in an extradition case should be granted only where the proposed ground has a realistic prospect of success or is reasonably arguable.…

A policy governing a no-recourse-to-public-funds condition is unlawful if it authorises decision-makers to apply a test narrower than the statutory duty to…

Part 18 requests in judicial review must be confined to information reasonably necessary and proportionate to enable a party to prepare its case or understand…

Under section 20 of the Extradition Act 2003, entitlement to a retrial may be established even where reopening depends on a requesting state court deciding…

Section 67(2)(a) of the Natural Environment and Rural Communities Act 2006 requires a factual assessment of the chief or predominant lawful use of a way during…

In an extradition case involving alleged prison and immigration-detention conditions, an Article 3 claim requires evidence showing a real and sufficiently…

Permission to appeal on an Article 8 ground may properly be refused where the proposed challenge has no realistic viability. Relevant considerations included…

A local planning authority has a wide discretion to choose appropriate enforcement action. An enforcement notice and a breach of condition notice may be issued…

Racial aggravation under section 28(1)(a) of the Crime and Disorder Act 1998 requires an objective assessment of whether hostility was demonstrated towards the…

At the initial stages of a Part 2 extradition hearing, the judge must be satisfied to the criminal standard that the requesting state has forwarded a document…

An EAW satisfies Extradition Act 2003, s 2(4), if it states the maximum sentence applicable to the offences. It need not predict the likely sentence. Where the…

Consistency and equal treatment are aspects of public law rationality, rather than freestanding grounds of review. Materially different treatment requires a…

For the purposes of Extradition Act 2003, a person convicted in absence may be treated as having deliberately absented himself where, knowing that criminal…

An application for a summons concerning a summary-only offence complies with CrimPR 7.2(3)(b)(i) where the allegation identifies the offence, the date, the…

An appeal from a professional disciplinary tribunal is a rehearing. The appellate court may correct material errors of fact or law, but should remain cautious…

The enhanced investigative duty under Article 2 is not confined to cases in which the state has assumed responsibility for, or exercised control over, the…

Under rule 53A of the Prison Rules, the governor must personally determine whether a charge is sufficiently serious for referral to an independent adjudicator…

A statutory requirement that the Director of Public Prosecutions consent before specified criminal proceedings are instituted is not, without more, contrary to…

In an extradition appeal based on Article 8 ECHR, proportionality must be assessed by a careful, fact-specific balance between the strong public interest in…

On an application to extend an interim regulatory order, the court must balance the public-protection interest against the registrant’s interests. A…

A police decision to close or refuse to reopen a criminal investigation is reviewable, but the court will intervene only in rare and exceptional cases…

For section 10 of the Extradition Act 2003, the conduct described in an extradition request must be capable of amounting to an offence under UK law.…

In an extradition appeal, the court must determine whether the statutory bar based on an absent conviction is made out by reference to the requested person’s…

In an extradition appeal engaging article 8, the court must assess the requested person’s private and family life against the substantial public interest in…

On an appeal against extradition, a proportionality decision under article 8 is reviewed for whether it was wrong, without any requirement that it was plainly…

On a statutory planning appeal, the extent of a building’s curtilage is a question of fact and degree for the decision-maker, applying the legal test that the…

On an extradition appeal under Article 8, the appellate court must decide whether the district judge’s decision was wrong. It must respect factual findings…

A pension rule which stops survivor benefits when the recipient remarries, forms a civil partnership or cohabits may seriously interfere with private and…

When deciding whether to release a prisoner serving the custodial part of an extended determinate sentence, the Parole Board must apply the statutory test of…

A statutory review of a control order under section 43 of the Solicitors Act 1974 concerns whether the order was necessary when imposed. Revocation is a…

On an appeal from a professional disciplinary tribunal, the High Court must decide whether the decision was wrong. It is not bound by the tribunal’s…

An Administrative Court application cannot be used to challenge a confiscation order where the statutory route lies through the Court of Appeal Criminal…

On a rehearing of extradition bail, the court must reconsider the risk of failure to surrender afresh. The statutory presumption in favour of bail remains the…

In judicial review proceedings, venue should ordinarily be determined promptly where the claim appears to have been issued in a region lacking its closest…

A statutory power to appoint the commencement date of enacted provisions normally creates a continuing duty to consider commencement from time to time, but not…

On a renewed application for judicial review, permission should be granted where a challenge to the termination of a public office-holder’s appointment is…

In a housing allocation scheme, statutory overcrowding is caused by a “deliberate act” only where the applicant intended the relevant act and had a real choice…

Judicial review of a specialist police misconduct panel is supervisory, not an appeal on the merits. The court must ask whether the panel made a material…

A legitimate expectation requires a clear, unambiguous promise devoid of relevant qualification. A local planning authority cannot create such an expectation…

Structural feasibility may fall principally within the building control regime, but a planning authority must still consider whether construction may affect…

Prosecutorial decisions are subject to a wide margin of discretion and will rarely be quashed. Intervention is justified only where there is an obvious…

On an application under section 16(2) of the Drug Trafficking Act 1994, the High Court must issue a certificate of increase where it is satisfied that the…

A local planning authority must determine the development described in the planning application. It may impose conditions, but a condition must not result in a…

In extradition proceedings under the Extradition Act 2003, systemic or generalised deficiencies affecting judicial independence do not, without more…

At the permission stage of a statutory planning review, an issue is arguable if it crosses the threshold requiring substantive consideration; the court does…

Damages for unlawful immigration detention must be assessed globally and by reference to the claimant’s actual harm. The assessment is fact-sensitive, avoids a…

Judicial review of an interim sexual risk order is supervisory. It is not a rehearing or an opportunity to re-evaluate the evidence. For an interim order, the…

A public authority operating a policy may depart from a policy-based calculation where the policy permits adjustment and the resulting figure plainly fails to…

A public authority should follow its published policy unless there are good reasons to depart from it. The court determines the meaning of policy, applying the…

An interim suspension order may be extended only where the extension, the order itself and its duration are necessary for public protection or in the public…

A statutory policy is unlawful only where it authorises, approves or presents a direction which contradicts the law, or materially misstates the legal…

Permanent exclusion is lawful only where there has been a serious or persistent breach of the school’s behaviour policy and allowing the pupil to remain would…

For council tax purposes, the existence of a dwelling must be determined in two stages. First, the court must decide whether a hereditament exists and is…

A privately contracted expert review is not amenable to judicial review merely because it concerns a regulated profession, is commissioned by a public…

A rationality challenge to a decision under a non-statutory scheme faces a high threshold. The claimant must show that the decision fell outside the range of…

Withdrawal of a deprivation decision under the British Nationality Act 1981 ordinarily operates prospectively. It does not retrospectively erase the decision…

A disciplinary appeal is a review, not a rehearing, and appellate restraint applies to factual and evaluative findings. Professional regulation may extend to…

Incompatible planning permissions may be granted, allowing a developer to choose which permission to implement. Where an earlier permission has been…

On a jurisdiction challenge to an online libel claim under Article 7(2) of the Brussels Recast Regulation, the claimant must establish a good arguable case on…

In extradition proceedings, extradition must be refused where substantial grounds establish a real risk of treatment contrary to article 3 of the European…

Local authorities have broad discretionary powers under section 138 of the Local Government Act 1972 and section 2B of the National Health Service Act 2006 to…

An interim suspension order may be extended only where the extension, its duration and the order being continued are necessary for public protection or in the…

In an extradition appeal under the Extradition Act 2003, material factual errors in the first-instance proportionality assessment require the appellate court…

For the purposes of section 174(2B) of the Town and Country Planning Act 1990, a planning application is related to an enforcement notice if granting the…

A search warrant must identify, so far as practicable, the articles sought. If it does not, the entry, search and seizure are unlawful under Police and…

When considering an extension of an interim suspension order in professional disciplinary proceedings, the court must be satisfied that the extension is…

In judicial review proceedings, venue should ordinarily be administered and determined in the Administrative Court region with which the claim has its closest…

On an application for bail by a person sought under an accusation warrant, the presumption in favour of bail may be displaced where there are substantial…

Judicial review of a coroner’s inquest is supervisory. The court must not substitute its own assessment of the evidence or case management for that of the…

Where the Parole Board has made a reasoned decision under section 256(1)(a) of the Criminal Justice Act 2003 fixing a future release date, it has determined…

In a conviction-warrant extradition case, conventional Article 8 proportionality is not displaced by the Trade and Cooperation Agreement. Article 597 requires…

In extradition cases, an operative presumption of ECHR compliance is displaced only by clear and cogent evidence of a real risk of a flagrant denial of Article…

An interim suspension order may be extended where continuation is necessary for the protection of the public and in the public interest. The court assesses…

The Public Records Act 1958 requires arrangements for selecting records that ought permanently to be preserved and for the safe-keeping of selected records. It…

In planning judicial review, the court will not re-weigh planning merits or interfere with a decision within the lawful range of planning judgment. A…

An Article 2 operational duty is not automatically owed to all care-home residents because they are vulnerable to a pandemic. A real and immediate risk to life…

For the purposes of section 56(1) of the Care Act 2014, “likely” means more probable than not, rather than a real possibility. The statutory context includes…

An inspector’s decision may be quashed for a material mistake of fact where the mistake forms part of the planning judgment and the court cannot be satisfied…

Under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, a prohibition order may be made where the statutory requirements are met, even…

An extension of a statutory appeal time limit is available only so far as required to secure compatibility with Article 6. The court must ask whether enforcing…

For low-value shoplifting, the statutory aggregation rule is applied when the accused first appears before the magistrates to answer the charges. Until that…

Part B of the Annex to Commission Regulation 838/2010 imposes cumulative requirements. Annual average transmission charges must fall within the prescribed…

Section 152 of the Extradition Act 2003 requires a sentence for a pre-extradition offence to be treated as served where the person was not extradited for that…

At Aranyosi Stage 3, the court must evaluate all available evidence and decide whether the real risk of Article 3 ill-treatment can be discounted. In…

In a statutory planning review, whether heritage harm is substantial is a matter of fact and planning judgment. The NPPF imposes no single method of…

Judicial review is not a merits appeal or a rehearing of factual and evidential issues arising from a magistrates’ court conviction. Where an appeal to the…

In a review of temporary exclusion orders, the court must apply judicial review principles and respect the Secretary of State’s institutional competence and…

In closed material proceedings, the court must safeguard disclosure to the excluded party so far as possible, subject to the protected public interests. Where…

In judicial review proceedings, disclosure should be ordered only where it appears necessary to resolve the matter fairly and justly, assessed by reference to…

An application under section 41A(10) of the Medical Act 1983 requires the court to decide for itself whether an interim order remains justified and…

Sentencing for breach of an injunction should address three objectives: punishment, securing future compliance, and rehabilitation. The court should assess the…

A local authority’s duty under Education Act 1996, section 19 is a mandatory duty to arrange suitable education, not merely to attempt to do so. The provision…

In exercising a discretion to defer or waive biometric requirements, the Secretary of State must engage with the individual facts of the case and assess the…

A public body may be proceeded against for contempt for breach of a mandatory injunction. The breach must be proved beyond reasonable doubt, and the order must…

At the permission stage of judicial review, the court determines arguability rather than the merits. Where alleged defects in the application for a warrant may…

For a finding of fundamental dishonesty under section 57 of the Criminal Justice and Courts Act 2015, the defendant must prove, on the balance of…

A section 40 appeal is an appellate rehearing, not merely supervisory review. The High Court may substitute its own decision, while giving appropriate respect…

An adjournment may be granted where it is fair and promotes the efficient disposal of proceedings, including where a litigant in person wishes to retain…

A statutory protest offence does not require a separate, fact-specific proportionality inquiry merely because articles 10 and 11 of the Convention may be…

Detention following recall to prison remains within Article 5(1)(a) where it results from, follows and depends upon an unexpired determinate sentence imposed…

In a service-complaint appeal, an appeal body must apply the correct statutory exclusions and consider evidence of injury where it may illuminate the alleged…

An Ombudsman’s decision under section 228(2) of the Financial Services and Markets Act 2000 is a subjective assessment of what is fair and reasonable in all…

A liability notice under the Community Infrastructure Levy Regulations 2010 is treated as valid unless and until quashed by a competent court. A later notice…

Statutory powers to search or seize property must be exercised within their express limits. A power to seize items found on premises does not, without clear…

On an extradition appeal, the sufficiency of an accusation warrant is a matter of fact and degree. A date range, including one beginning with a season, is not…

The power to vary a marine licence may enlarge its scope and may authorise an activity not previously specified, provided the proposed change remains properly…

Restrictions on public access to court documents must represent the minimum necessary derogation from open justice. The court must balance public access to…

For section 20 of the Extradition Act 2003, deliberate absence is not confined to proof that a person had actual knowledge that trial could proceed in his…

Section 20 of the Extradition Act 2003 must be interpreted consistently with article 4a of the Framework Decision and ECHR article 6. The provision concerns…

A substantive legitimate expectation requires a representation that is clear, unambiguous and devoid of relevant qualification. Statements made during…

Paragraph 29 of Schedule 1 to the Welfare of Farmed Animals (England) Regulations 2007 concerns whether an animal’s genotype or phenotype permits it to be kept…

An informal factual enquiry may precede a Regulation 15 notice under the Police (Conduct) Regulations 2012 where it is undertaken in good faith for a proper…

When extending an interim regulatory order, the applicant must establish necessity for the order, the particular form of order and the proposed duration. The…

Prosecutorial decisions are reviewable on conventional public-law grounds, but intervention is exceptional. The court must respect the prosecutor’s evaluative…

Where a person is sought under an accusation European arrest warrant, the statutory presumption in favour of bail may be displaced by a substantial risk of…

A judicial review challenge to regulations restricting the use of unregulated accommodation for looked-after children under 16 was dismissed. The statutory…

When reviewing refusal of naturalisation on good-character grounds, the Secretary of State must make a comprehensive assessment of the applicant’s character…

An interim suspension order may be extended where the applicant proves that continuation is necessary for public protection and that the proposed duration is…

A public authority’s duty to inform itself is shaped by the nature of the decision it must make. Where the decision is a complex, predictive and…

For an aggravated offence involving a dangerously out-of-control dog, a court may avoid destruction only if it is satisfied that the dog would not constitute a…

In a judicial review claim issued in the wrong region, venue is determined by the claim’s closest connection and the interests of justice. A claimant’s…

Extension of an interim suspension order requires the regulator to establish that continuation is necessary for public protection or in the practitioner’s best…

Primary legislation in immigration and nationality remains subject to Article 14 scrutiny, but a challenge to legislation per se requires a heightened case.…

Restrictions on public gatherings do not create an automatic criminal prohibition where the regulations make absence of a reasonable excuse an element of the…

In planning judicial review, the court reviews legality, not the merits of the planning judgment. Whether a planning obligation satisfies regulation 122 of the…

A local planning authority’s decision whether to issue an enforcement notice is discretionary and reviewable on ordinary public law grounds, but the court must…

For permitted development under Class B of Part 2 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, the…

Expert evidence in judicial review is admissible only where it is reasonably required to resolve a pleaded issue. It is seldom required because the court…

Where bail is granted solely because an application to extend a custody time limit has been refused, the release is granted in consequence of the expiry of the…

A competent authority may be required to act proactively where it has information indicating a risk of deterioration to protected European sites, even though…

In determining the regional venue for a judicial review claim, the court must identify the region with which the claim is most closely connected, or the…

In determining the venue for a judicial review, the court considers the claim’s closest connection and all relevant circumstances. Relevant considerations…

Judicial review proceedings should, if at all possible, be administered and determined in the Administrative Court region with which they have their closest…

A franchising authority may take account of substantial further, non-statutory analysis after preparing and auditing an assessment under the Transport Act…

A neighbourhood plan is voluntary and need not allocate housing sites merely because strategic policies specify a housing requirement. The basic condition in…

Where a local authority reviews an education, health and care plan and proposes amendment, the notification required by regulation 20(10) of the Special…

A traffic authority exercising counter-terrorism traffic-order powers must identify and pursue the statutory security purpose, comply substantively with the…

A local planning authority must comply with its published scheme of delegation. Whether a proposal is likely to be controversial is assessed in the delegated…

A claim is an Aarhus Convention claim under CPR Pt 45.41(2)(a) where it is brought by a member of the public by judicial review, challenges the legality of a…

An extradition appeal may succeed only where the lower court ought to have decided an issue differently and, had it done so, would have been required to order…

For the purposes of section 20 of the Extradition Act 2003, a person deliberately absents himself from trial where he actually knows the decisive hearing date…

In a renewed application for judicial review, permission should be refused where the proposed grounds have no realistic prospect of success. A court may…

At the permission stage of an age-assessment judicial review, the court must ask whether the material before it raises a factual case which, taken at its…

In an extradition case involving mental health and suicide risk, section 25 of the Extradition Act 2003 requires a high threshold before extradition is…

An appeal under paragraph 25 of Schedule 3 to the Police Reform Act 2002 is a review of the local investigation and outcome, not a rehearing or automatic…

In extradition proceedings, the court must conduct a fresh Article 8 proportionality assessment where material circumstances have changed. The public interest…

Section 31(2A) of the Senior Courts Act 1981 imposes a duty to withhold relief where it is highly likely that the claimant’s outcome would not have been…

A planning permission is construed objectively, as a reasonable reader with knowledge of planning law and practice would understand it. Schematic parameter…

In an extradition appeal, established private and family life in the United Kingdom, including the best interests of a child, does not necessarily outweigh the…

In an extradition case engaging Article 8 ECHR, the court must conduct a proportionality assessment which gives proper weight to the best interests and likely…

An autonomous tariff quota is not selective State aid merely because, in practice, one undertaking is likely to obtain most of its benefit. Selectivity must be…

Under the Police (Injury Benefit) Regulations 2006, an injury received while a constable is on duty is a distinct qualifying category from an injury received…

In a renewed application for permission to bring judicial review proceedings, a challenge is not arguable merely because a decision-maker adopts flexible…

A planning permission must be interpreted objectively through the eyes of the reasonable reader, having regard to the natural and ordinary meaning of its…

Where a consultation is undertaken to inform the design of primary legislation for introduction into Parliament, its legality is not justiciable by judicial…

Under section 82(12) of the Environmental Protection Act 1990, a magistrates’ court must address three questions when awarding expenses after a successful…

Differences between successor social-security benefits can be compared for the purposes of an Article 14 claim. The fact that the comparison concerns different…

For development under Class R of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, the proposed use…

For the purposes of extradition safeguards concerning trials in absentia, a substituted custodial sentence imposed after breach of a community sentence may…

Where qualifying remand has extinguished the remaining custodial sentence underlying an extradition request, that may cross the relevant threshold for an…

In an extradition case, an Article 3 prison-conditions challenge must be assessed by reference to the prisons where the requested person is likely to be held.…

Permission to appeal in an extradition case requires a reasonably arguable basis for concluding that the outcome below was wrong. Putative fresh evidence must…

A local authority may use an abbreviated age-assessment process where suitably qualified staff consider a claimant very likely to be over 18. Once an interview…

Standing for judicial review depends on the context, the claimant’s interest and what best serves the purposes of judicial review. A company cannot confer…

In an extradition appeal raising Article 8 rights, delay does not make extradition disproportionate merely because it has contributed to established family…

Where extradition is sought by a state with applicable speciality arrangements, the court starts from a strong presumption that the requesting state will…

Where an order contains distinct parts adverse to each party, each party may independently appeal the part adverse to it. That is different from a contingent…

In an extradition case, the court may dismiss a renewed application for permission to appeal with effect from a specified future date where an imminent foreign…

In renewed extradition appeals, an adjournment should be refused where the appellant has had ample opportunity to obtain and present evidence, further delay…

On a renewed application for permission to appeal in an extradition case, the court considered whether the Article 8 proportionality assessment was reasonably…

Permission to appeal in an extradition case requires a reasonably arguable ground showing a realistic prospect of success. In an Article 8 proportionality…

In an extradition bail application involving conviction Extradition Arrest Warrants, the court must assess afresh whether there are substantial grounds for…

For Green Belt purposes, a development must be assessed as a whole when deciding whether it is inappropriate. That does not prevent the decision-maker from…

In an extradition case, the presumption in favour of bail is displaced where there are substantial grounds for believing that the requested person would fail…

In an extradition appeal based on prison conditions, the court must assess whether surrender would expose the requested person to a real risk of treatment…

When setting the minimum term for a transferred life prisoner under section 273 of the Criminal Justice Act 2003 or the equivalent provisions of the Sentencing…

A court should exercise significant restraint when asked to control the conduct of a police investigation. Alleged investigative errors or complaints against…

A stay of permission-to-appeal applications requires a sufficient legal or factual overlap with the pending issue, or another compelling reason. General…

In extradition proceedings, delay will bar surrender only where, viewed overall, it makes extradition unjust or oppressive. “Unjust” principally concerns…

For section 25 of the Extradition Act 2003, extradition may be unjust or oppressive only where the requested person’s mental condition meets the statutory…

On a renewed application for permission to appeal in an extradition case, the court must assess whether the proposed ground is reasonably arguable and has a…

In Category A prisoner reviews, procedural fairness may require an oral hearing even though such hearings are comparatively rare and exceptional circumstances…

An appeal under section 29 of the Dentists Act 1984 is a rehearing requiring a more intensive process than ordinary review, but the appellate court remains…

An oral hearing in a Category A security review is not required merely because the decision-maker disagrees with a local advisory panel or expert. The question…

Certification requires a point of law to be both involved in the decision and of general public importance. Those requirements are distinct from the further…

Certification under section 32(4) of the Extradition Act 2003 requires a point of law which is both involved in the decision and of general public importance.…

Where Parliament confers a power to make secondary legislation without an express consultation requirement, and subjects its exercise to parliamentary control…

Administrative Court claims should generally be administered and determined in the region with which they have the closest connection. The assessment is…

On an application under section 73 of the Town and Country Planning Act 1990, the local planning authority must consider the conditions governing the new…

On an application under section 99(4) of the Extradition Act 2003, the judge is the primary decision-maker. The question is whether sufficient reason has been…

An appellate court hearing an appeal from a specialist disciplinary tribunal must show restraint when reviewing factual findings and evaluative judgments. It…

Under the Community Infrastructure Levy regime, liability arises when chargeable development commences. Where no commencement notice is submitted, the…

An interim suspension order may be extended where the regulator establishes that continuation is necessary for public protection and serves the public…

Challenges to discretionary immigration decisions to curtail leave and detain are ordinarily reviewed on conventional public law principles, not by a full…

An initial age assessment may be conducted while a newly arrived person remains detained for immigration processing. Detention for that purpose is lawful only…

An offence under section 45 of the Serious Crime Act 2007 may be committed by an act capable of encouraging or assisting the continuation of a principal…

An interim suspension order may be extended only where the regulator demonstrates that continuation is necessary and proportionate for the protection of the…

The common-law duties of prescription, publication and conformity do not attach to every government policy or initiative. They arise where broad discretionary…

On an extradition appeal founded on Article 8, the appellate court may intervene where the overall proportionality evaluation was wrong because crucial factors…

At the permission stage of a judicial review in an extradition case, the claimant must show an arguable error of law with a realistic prospect of success. A…

A judicial review claim which has become academic should generally not proceed to determination unless there is a good reason in the public interest. A claim…

In an extradition appeal, an appellate court should respect unimpeachable factual findings made by the first-instance judge after hearing oral evidence and…

Rateable occupation is a question of fact. The statutory liability framework does not create a presumption of law that an owner is the rateable occupier…

Permission for judicial review should be refused where the claimant cannot show an arguable case with a realistic prospect of success, subject to any…

An interim suspension order may be extended where continuation is necessary for public protection, the wider public interest or the professional’s interests.…

An interim suspension order may be extended only where the regulator establishes that continuation is necessary and proportionate. The court must consider…

Support owed under sections 95 and 96 of the Immigration and Asylum Act 1999 must meet an objective minimum standard derived from the applicable reception…

In an Article 8 extradition case, delay must be analysed by reference to its cause, whether the requested person was responsible for it, and its effect on the…

A public authority’s policy is unlawful only where it positively authorises or approves unlawful conduct. A policy remains lawful if it is realistically…

The common-law right of access to justice may be engaged by the way in which a statutory monitoring scheme is established and operated, if the scheme itself…

On a forum-bar appeal, the court must first decide whether a substantial measure of the requested person’s relevant activity was performed in the United…

A regulator entrusted with a broad statutory discretion may adopt policies or principles to promote consistency, but must remain willing to consider exceptions…

Police vetting decisions may treat financial vulnerability as an unacceptable risk even though ordinary borrowing is lawful and debt does not automatically…

On a review of a prisoner’s minimum term, the court may recommend a reduction where the offender has made exceptional and unforeseen progress, where continued…

On an appeal under section 27 of the Extradition Act 2003, fresh evidence permits discharge only where it would have required the extradition judge to decide a…

In determining an application for planning permission, a planning authority is not required to consider environmental or other harms arising from separate…

The regulation of student finance falls within the ambit of the right to education under Article 2 of the First Protocol. “Other status” under Article 14 is…

In an extradition appeal based on Article 8 ECHR, the court must assess the competing private, family and public interests using a structured balancing…