High Court: Administrative Court judgments, 2023

An interim order restricting a nurse’s practice may be imposed only where it is necessary for public protection, the public interest or the practitioner’s…

Where a person has been granted immigration bail subject to a residence condition, the Secretary of State must exercise the accommodation power compatibly with…

Judicial review is not an appeal on the merits. Where Parliament entrusts a specialist safety regulator with technical assessments and case-by-case exemptions…

At the permission stage of a statutory planning challenge, an Inspector must give intelligible and adequate reasons for concluding that a five-year supply of…

Homelessness under Housing Act 1996 does not automatically establish a need for accommodation under the separate scheme in the Children Act 1989. The two…

When approving details under one planning condition, a local planning authority must consider whether the approved details may prejudice compliance with…

A statutory right to make representations may define the entire content of the fairness obligation. Where the statute provides the relevant procedural…

On a statutory appeal against a professional disciplinary sanction, the court exercises a supervisory jurisdiction. It may intervene where the specialist…

In an appeal from professional disciplinary proceedings, the court has a broad discretion on costs and must consider the character and public interest of the…

The expiry of the statutory 48-hour period for initial detention of lawfully seized cash does not confer immunity from a fresh seizure under section 294 of the…

A supervisory court must examine whether an ombudsman’s reasons provide a rational basis for the conclusions reached. An adverse finding on a complainant’s…

On an appeal from the Solicitors Disciplinary Tribunal, the High Court may interfere only where the Tribunal misdirected itself in law or reached a decision…

The Secretary of State may reject a Parole Board recommendation to transfer an indeterminate sentence prisoner to open conditions, but only on a reasonable…

When a professional disciplinary decision is quashed for serious procedural unfairness, the court has a wide discretion whether to substitute its own decision…

Fairness in criminal proceedings is fact- and context-specific. A court reviewing an alleged breach of procedural fairness must make its own assessment of…

Article 2 may apply where police use potentially lethal force causing life-threatening, non-fatal injury. The investigative duty is an obligation of means. The…

The identification of separate council-tax dwellings requires the court to identify the number of hereditaments under the general principles of rating law. The…

An inspector’s material inversion of the tilted balance in paragraph 11(d) of the National Planning Policy Framework constitutes an arguable error of law. It…

In assessing whether continued immigration detention is justified, the court must balance vulnerability and the likely impact and duration of detention against…

A judicial review challenge must identify the decision or policy actually under challenge and must be brought promptly. A later request for reconsideration…

In extradition proceedings concerning Poland, systemic or generalised deficiencies in judicial independence do not by themselves establish that the issuing…

On a section 40A appeal, the High Court may interfere with an evaluative tribunal decision where there is an error of principle or the decision falls outside…

Judicial review proceedings are subject to ordinary procedural discipline. A claimant seeking to add a new ground after service must apply promptly for…

A public spaces protection order may restrict conduct that is lawful and peaceful if the statutory threshold for anti-social behaviour is met. The conduct need…

Judicial review claims should generally be heard at the Administrative Court venue for the region with which they are most closely connected. That…

Where competing planning applications concern rival sites for the same local need and only one permission is realistically available, the relative merits of…

Under section 20 of the Children Act 1989, a local authority must provide accommodation immediately where a child in need appears to require it because the…

The statutory child-maintenance scheme confers discretionary collection and enforcement powers. It does not guarantee payment, create a direct enforcement…

The GMC and the Medical Practitioners Tribunal are not confined to patient complaints or allegations concerning clinical performance. Their regulatory…

At an interim stage, the court may grant mandatory relief where the available evidence provisionally supports the claimant’s case and the balance of justice…

A public law claim is academic where its outcome no longer directly affects the parties’ rights and obligations. The court should not determine an academic or…

Where a public authority unsuccessfully brings proceedings in the public interest, the starting point may be no order as to costs where a routine costs risk…

The statutory word “examine” in sections 20 and 20A of the Mental Health Act 1983 requires, as a general matter, the physical attendance of the responsible…

Where Parliament entrusts an expert regulator with approval of a prospectus, the regulator’s evaluative assessment is ordinarily challengeable only on public…

On a statutory appeal against professional discipline, the appellate court conducts a rehearing by reanalysis of the evidence. It may correct material errors…

An interim suspension order may be extended where continuation is necessary for public protection and in the public interest, and is appropriate and…

In extradition proceedings, Article 8 requires a fact-sensitive balancing exercise. There is no separate exceptionality test, although the public interest in…

In applying the sequential test for out-of-centre retail development, “suitable” and “available” sites must be assessed by reference to the broad type…

Permission for judicial review may be granted where a claim is arguable with a realistic prospect of success. A local authority’s evaluative judgment is not…

A judicial review claim must identify an actual decision or failure to act that is susceptible to review. A court may make an advisory declaration, but it need…

A local authority must apply the low statutory threshold when deciding whether to secure an EHC needs assessment. It must complete the assessment and finalised…

The Secretary of State may rationally reject a Parole Board recommendation to transfer an indeterminate-sentence prisoner to open conditions. The decision must…

Class Q permitted development rights are governed by the exhaustive statutory definition of “emergency” in paragraph Q.2 of Part 19 of Schedule 2 to the Town…

A political party’s selection of a leader is not a public function merely because the selection has a known constitutional consequence. The party’s internal…

In a first appeal from a regulatory disciplinary decision, costs do not automatically follow the event. The court has a discretion under Civil Procedure Rules…

Interim relief in a judicial review claim requires a serious question to be tried, involving a real prospect of success at the substantive hearing, followed by…

The court may issue a brief judgment recording an agreed order where proceedings are stayed and no substantive issue is determined, provided that doing so…

A local authority assessing a disabled child in need must analyse the child’s individual needs, the family’s capacity to meet them and the level of risk. It…

A Secretary of State deciding whether to accept Parole Board advice on transfer to open conditions must give appropriate respect to the Board’s view and…

Article 12 of the Council of Europe Convention on Action Against Trafficking in Human Beings gives States a broad discretion to decide what measures are…

On a bail appeal in an accusation extradition case, the court must assess the risk of absconding afresh. A statutory presumption in favour of bail does not…

On an appeal under Medical Act 1983 s 40, the High Court must conduct a rehearing, but must give appropriate respect to the specialist tribunal’s findings. It…

A local planning authority may not decline to adopt a local development plan after an independent examination has recommended its adoption, with or without…

Section 133 of the Criminal Justice Act 1988 requires the new or newly discovered fact relied upon to show, beyond reasonable doubt, that the applicant did not…

Copies or images made lawfully from seized documents are not treated as the seized originals for the purposes of section 22 of Police and Criminal Evidence Act…

A specialist market operator may exercise a contractual power to cancel trades where the governing regulatory regime permits cancellation only in exceptional…

Under regulation 12 of the Non-Domestic Rating (Collection and Enforcement)(Local Lists) Regulations 1989, the billing authority must prove that the rate was…

A conditional grant of immigration bail requiring residence at an address approved by Probation can trigger the power, and associated duty, to provide…

In judicial review proceedings, amendments should be permitted where they are arguable, closely connected with the existing claim, and necessary to enable the…

Judicial review is generally concerned with present and future legality, although past unlawfulness may be relevant to assessing what remedial action is now…

A compliance assessment report recording adverse regulatory findings may be a regulatory decision for the purposes of §2.3 of the 2014 Regulators’ Code, even…

On statutory review of a local plan, the court reviews legality and public-law rationality rather than planning merits. A development plan may be prepared on a…

On an appeal against a disciplinary tribunal’s costs order, the High Court must review the decision with caution and restraint. Intervention is justified where…

EU regulations governing structural-fund durability exhaustively determine the conditions for clawback arising from substantial modification. National…

In an Article 8 challenge to extradition, fugitivity is not a decisive switch determining the outcome. The court must assess all circumstances concerning the…

The passage of time may reduce the public interest in extradition and strengthen private and family life considerations. Its significance depends on whether…

In an extradition appeal based on Article 8 ECHR, the passage of time may reduce the public interest in extradition and increase the weight of private or…

At the permission stage of an extradition appeal, the court may require further information before deciding whether foreign judicial decisions have materially…

In an extradition appeal based on Article 8 ECHR, the court must balance the strong public interest in extradition against the appellant’s private and family…

Costs arising from a claim concerning a prosecution remain subject to the criminal costs regime where the underlying proceedings are in a criminal cause or…

Under the statutory reasonable-conduct defence, the accused bears the legal burden of proving relevant facts on the balance of probabilities. Once a conviction…

In judicial review proceedings, a public authority should disclose documents in a way that fulfils the duty of candour, which is an obligation to explain the…

Alternatives to a proposed nationally significant infrastructure project are not automatically a mandatory material consideration merely because the project…

When exercising the discretion under Housing Act 1996, section 188(3), a housing authority must balance fairness between homeless applicants against the…

Police misconduct investigations and disciplinary decisions are judged by public law standards, but the court must allow reasonable latitude in choosing…

Ofgem’s discretion under SLC 9.5 to consent to a Last Resort Supply Payment claim is broad and must be exercised case by case. Published criteria may guide…

A road may satisfy the statutory definition of a red route even where it contains parking bays marked under the same traffic-sign scheme as the required single…

A Crown Court hearing an appeal from a magistrates’ court conviction must give reasons. Those reasons may be brief, but must enable the defendant to understand…

In confiscation-order enforcement proceedings, the Magistrates’ Court must proceed on the basis that the Crown Court’s order was lawfully made and that the…

A person has sufficient interest to bring a judicial review where the claimant has a genuine and direct interest in the decision. The existence of another…

In an extradition case engaging Article 8 ECHR, the court must undertake a fact-specific assessment of all affected Convention rights. It must carefully weigh…

In an extradition appeal based on Article 8 ECHR, substantial interference with established family life does not justify appellate intervention where the…

In an extradition case engaging Article 8 ECHR, a long passage of time does not necessarily outweigh the public interest in extradition. Where the requested…

Permission to appeal in an extradition case requires a ground with a realistic prospect of success. A finding that the requested person was a fugitive may be…

In extradition proceedings, an Article 3 challenge based on asserted sexual orientation or Roma ethnicity will fail where the fact-finding judge has made…

The forum bar under section 83A of the Extradition Act 2003 requires a two-stage assessment. The court must first decide whether a substantial measure of the…

In a statutory planning review, the weight given to a material consideration is a matter of planning judgment, but the identification of material…

A river-basin programme of measures must be designed to achieve environmental objectives that are defined for individual water bodies. Measures may be generic…

At the permission stage, a claimant must show an arguable ground with a realistic prospect of success. General challenges to sanctions regulations will fail…

In a statutory planning challenge, the court must read an inspector’s decision fairly and as a whole. It should not substitute its own planning judgment or…

A party who adopts a baseless procedural position which necessitates a hearing and causes other parties to incur costs may be ordered to pay those costs. The…

On an appeal against discharge under section 20 of the Extradition Act 2003, the court must apply the statutory questions sequentially. If presence at trial is…

A sponsor-licence revocation decision must satisfy ordinary standards of procedural fairness, but the sponsorship regime does not generally require heightened…

Whether a change to a planning permission is non-material depends on its effect on the permission as originally granted. A local planning authority must first…

Where an appellant requires an interpreter, the court must ensure that the hearing can be understood by both the appellant and the judge. If there is a real…

In an extradition case, the passage of time may strengthen private and family life ties and weaken the public interest in extradition, but it is not…

Permission to appeal in extradition proceedings should be granted where a developing family situation gives rise to a reasonably arguable challenge under…

Permission to appeal in an extradition case should not be granted merely to allow further qualifying remand to accumulate as a factor in the appellant’s…

Permission to appeal in an extradition case requires a reasonably arguable prospect that the lower court’s Article 8 assessment was wrong. The High Court…

The statutory proportionality bar for an accusation warrant is directed principally at very minor offending. The court makes an overall assessment of…

An appeal under police complaints guidance requires a fresh consideration of the complaint. It must address the substance of the allegations and the…

Part 2 of the Criminal Justice and Police Act 2001 does not displace the protections afforded to journalistic material by PACE, article 10 of the ECHR and the…

The Administrative Court’s supervisory jurisdiction over the Crown Court is limited by the statutory purposes of the exclusion in the Senior Courts Act 1981. A…

A final High Court judgment cannot be reopened merely because subsequent events would have produced a different result, or because circumstances later changed.…

A judicial review claim may be determined on the papers where all parties agree that a hearing is unnecessary, including where a party does not consent…

On an application to review an interim suspension imposed on a medical practitioner, the Administrative Court’s function is to assess risk on the assumption…

Under Extradition Act 2003, a Part 1 warrant need not provide highly detailed particulars. Substantial compliance is sufficient if, read as a whole and with…

A prisoner has no unrestricted right to obtain fertility treatment at a chosen time and by a chosen method. A decision under a policy governing access to…

An appeal against a disciplinary sanction is ordinarily a review, not a rehearing. An appellate court should respect a specialist tribunal’s evaluative…

Certification of a protection or human rights claim as clearly unfounded requires careful attention to applicable Upper Tribunal country guidance. Where a…

A probationary constable may be discharged under regulation 13 of the Police Regulations 2003 after misconduct proceedings concerning the same conduct, even…

On an appeal against an extradition decision, the High Court must focus on whether the overall proportionality assessment was wrong, while ordinarily…

A liability to pay council tax arises under statute and does not depend on a contract between the billing authority and the taxpayer. Unpaid council tax may be…

A local authority assessing eligible care and support needs must determine independently whether those needs are accommodation-related. Accommodation may be…

When deciding whether asylum accommodation is adequate or suitable, the Secretary of State must consider the supported person’s assessed needs and all…

Under regulation 64 of the Russia (Sanctions) (EU Exit) Regulations 2019/855, satisfying a licensing purpose in Schedule 5 does not compel the Treasury to…

On an appeal from a Medical Practitioners Tribunal, the High Court may receive fresh evidence only if the Ladd v Marshall conditions are satisfied. The…

Interim relief in judicial review requires a serious question to be tried, which generally means a real prospect of success at the substantive hearing…

In a statutory rehearing appeal against professional disciplinary sanction, certified criminal convictions may be relevant to impairment and sanction where…

An interim conditions of practice order may be extended where the regulator demonstrates that continuation is necessary for public protection and the public…

In strategic environmental assessment, the responsible authority must exercise evaluative judgment when deciding whether effects are likely to be significant…

In a planning judicial review, an officer’s report is unlawful only where it materially misleads the decision-maker on a matter bearing on the decision, such…

Planning conditions must have a planning purpose, fairly and reasonably relate to the development permitted, and satisfy the requirement of rationality. A…

In assessing planning permission for hydrocarbon exploration, the decision-maker may consider the policy and economic benefits of discovering whether…

On a planning statutory review, the court may intervene where an inspector adopts an unlawful approach to a temporary permission. Substantial weight attached…

A planning condition requiring approval of specified matters before development commences may be prohibitive in substance. The use of such wording does not…

Carrying out development without planning permission, where permission is required, does not itself constitute a public-law error by the Crown or another body…

Where a regulator’s proposed intervention would affect the conditions on which payment service providers participate in a payment system, the statutory regime…

When extending an interim suspension order, the court must assess necessity and proportionality by reference to public protection, the public interest and…

An interim conditions of practice order may be extended where the regulator establishes that continuation is necessary for public protection and the public…

A statutory planning challenge must be filed and served within the strict period prescribed by Town and Country Planning Act 1990, subject only to the narrow…

In an extradition appeal based on changed circumstances or fresh evidence, the appellate court must make its own de novo assessment of Article 8…

Where regulatory guidance permits a water company to seek relief from performance consequences following a civil emergency, the regulator may have an…

The Secretary of State has a statutory discretion under section 3(1)(c)(ii) of the Immigration Act 1971 to lift, or refrain from imposing, a no recourse to…

Where a magistrates’ court record incorrectly shows that an offence was sent for trial after a guilty plea, the Crown Court must determine what actually…

For the purposes of the double-jeopardy bar in section 12 of the Extradition Act 2003, extradition may be barred where the requested prosecution is founded on…

A court must make a substantive judicial determination before granting a quashing order or declaration in judicial review, even where all parties agree. An…

An interim suspension order may be extended where the regulator demonstrates that the extension is necessary for public protection, including maintaining…

An interim suspension order may be extended where the regulator establishes that the extension is necessary for public protection, including maintaining public…

An interim suspension order may be extended only where the court is satisfied that the extension, the nature of the order and its duration are necessary and…

An interim suspension order may be extended where the regulator proves that the extension, the nature of the order and its duration are necessary and…

A planning authority must interpret and apply development-plan policies according to their terms and must reach a lawful conclusion on whether a proposal…

Where fresh evidence indicates that time spent on electronically monitored bail may have been equivalent to a period of detention deductible from a foreign…

A refusal to authorise publication by a former member of UK Special Forces engages article 10, but may be justified where it is prescribed by law, pursues…

On an application to vary a restraint order after conviction and confiscation, the High Court has a discretion, exercised on the basis of the applicant’s…

In reviewing expert regulatory decisions involving complex scientific and predictive assessments, the court examines rationality and lawfulness in context…

In a professional disciplinary appeal, a tribunal must consider the full gravity of the alleged misconduct. Where evidence reasonably indicates that a patient…

A published HMRC concession may be relied on where the taxpayer’s circumstances fall clearly within its terms. Its scope must be determined from the concession…

A decision-maker conducting a redetermination after a decision has been quashed may rely on expert evidence whose underlying commercially confidential material…

In a renewed extradition appeal based on private life under Article 8 ECHR, permission should be refused where there is no realistic prospect that extradition…

In an Article 8 extradition appeal, the court must assess the particular combination of circumstances in the balance. Youth at the time of offending, delay…

In extradition proceedings, an asserted inability to disaggregate a sentence imposed for extradition and non-extradition offences does not, without more…

Where an extradition detainee has effectively served the custodial sentence for which extradition is sought, and the requesting judicial authority confirms…

A storm overflow reduction plan under the Water Industry Act 1991 operates alongside, and may impose requirements exceeding, existing duties under the Urban…

A Parole Board recommendation to transfer an indeterminate-sentence prisoner to open conditions is advisory, not binding, but must receive appropriate respect.…

For a property freezing order, the court may proceed where there is a good arguable case that the property is recoverable property or associated property. This…

Repeated applications for the same interim relief are generally impermissible where earlier applications were dismissed and there has been no material change…

Judicial review claims must be brought promptly and, in any event, within three months of the grounds first arising. Pursuing an internal review or alternative…

Judicial review of an unappealable judicial decision is a highly attenuated supervisory jurisdiction. It is reserved for truly exceptional failures that…

For a planning statutory review, the claim form must be both filed and served within the statutory six-week period. Practice Direction 54D is a complete code…

Whether an existing use is lawful is a question of law for the court, not a matter of planning judgment. A planning permission must be construed by reference…

For dual criminality, the court compares the conduct particularised in the extradition warrant with domestic criminal offences. The conduct must establish…

Prisoners do not have an automatic entitlement to education facilities identical to those available in the community. Differences in funding, library access…

An order for interim relief requiring the Secretary of State to provide accommodation must be complied with by providing the accommodation ordered, not merely…

Section 73 of the Town and Country Planning Act 1990 creates a fresh permission for the same development, subject to different conditions. It cannot be used to…

Electronic service of a judicial-review claim form must comply with the Civil Procedure Rules 1998 and Practice Direction 6A. A government guidance document…

Legal professional privilege is absolute once established, unless waived by the client. It does not require the court or tribunal to balance confidentiality…

In professional regulation, impairment may be required to protect public confidence and professional standards even where the immediate risk of repetition…

On an extradition appeal, the High Court may admit a prison assurance first offered on appeal where it would have changed the district judge’s decision and…

Meeting the statutory threshold for sanctions designation does not, by itself, establish proportionality. Where Convention rights are engaged and the…

A police force may use a vetting process after misconduct proceedings, including proceedings resulting in a final written warning, provided that the process is…

Apparent bias is assessed in two stages. The court first establishes the relevant circumstances and then asks whether a fair-minded and informed observer would…

A local authority’s duty under section 42 of the Children and Families Act 2014 to secure the provision specified in an individual EHCP is absolute and…

An extension of a custody time limit may be granted where the statutory conditions are met, including some good and sufficient cause and prosecutorial…

A local planning authority cannot use its separate rights as landowner to inhibit its lawful determination of a planning application. Public-law duties…

Exemption from deportation, ordinary residence and settled status are distinct concepts. Exemption from deportation does not itself confer indefinite leave to…

An online-only BBC audio stream falls within the existing BBC Online public service where the governing framework distinguishes services principally by mode of…

In an accusation case, the presumption of bail applies, but the court must consider afresh whether there are substantial grounds for believing that the…

In an accusation case, the presumption of bail remains subject to the court’s assessment of whether there are substantial grounds for believing that the…

In interpreting Green Belt policy, the examples following “such as” in a category of permitted material changes of use are not open-ended. An undescribed use…

The power to restore land after an unauthorised material change of use may extend to removing operational development immune from direct enforcement. The…

A planning condition may exclude the operation of the Use Classes Order or permitted development rights even without express exclusionary words. The question…

In extradition proceedings, particulars are sufficient where the request and supporting indictment enable the requested person to understand the alleged course…

The statutory route to the Supreme Court for a decision in a criminal cause or matter is confined to proceedings in which criminal punishment is the direct…

In an academic judicial review, costs success depends on the outcome achieved through the claim, not necessarily on vindication of the legal grounds or…

A local authority has an implied power to vary an abatement notice issued under section 80 of the Environmental Protection Act 1990, including by reducing its…

In planning decisions by elected councillors, the Porter v Magill apparent-bias test applies, but it operates in light of the councillors’ democratic and…

A planning authority may treat a s.106 obligation as a reason for granting permission only if all three statutory tests in the Community Infrastructure Levy…

A Crown Court hearing an appeal under section 44 of the Firearms Act 1968 may infer jurisdiction to use a closed material procedure where the statutory scheme…

The statutory power to make a road-charging scheme includes power to vary it. A substantial geographical expansion may remain a variation where the essential…

Judicial review must be brought promptly, as well as within the long-stop period in CPR r 54.5(1). Filing within three months does not necessarily satisfy…

At the permission stage of a judicial review, the court decides only whether the proposed grounds are arguable. It should not ordinarily determine the merits…

A reference by the Criminal Cases Review Commission of a magistrates’ court conviction under section 11(2) of the Criminal Appeal Act 1995 must be treated as…

Local authorities owe the duties under the Children Act 1989 to all children in need within their area, irrespective of immigration status or available…

An appeal under section 40 of the Medical Act 1983 is a rehearing in which the High Court may substitute its own decision, but it must respect the tribunal’s…

On an appeal against the grant of bail in extradition proceedings, the High Court proceeds de novo and makes its own decision on the evidence. It need not…

The detention power for ships connected with Russia is distinct from the designation regime. It may be used even where the owner has not been designated, and…

For extradition, transposition requires only the changes necessary to assess corresponding criminality in the requested jurisdiction. Conduct occurring in the…

Regulation 10A of the Asylum Support Regulations 2000 requires the specified additional support for pregnant women and young children to be paid in cash. It is…

On a challenge under [2023] EWHC 1854 (Admin) to a planning decision, the court must read the decision reasonably flexibly and should avoid hypercritical…

The duty of candour in judicial review is distinct from standard disclosure. Where a material primary document should be before the court, its gist, summary or…

A local authority applying Schedule 3 to the Nationality, Immigration and Asylum Act 2002 must consider whether the Convention-rights exception applies when a…

On an application to extend an interim regulatory order, the court must assess whether continuation remains justified by public protection, the public interest…

Procedural fairness in an expedited border decision depends on the statutory context, but may require a clear allegation of deception and a meaningful…

On an appeal by case stated, the High Court’s power under Senior Courts Act 1981, section 28A is to remit the case to the magistrates’ court for amendment. The…

In determining an application for advertisement consent, a local planning authority must consider amenity and public safety, taking account of material…

Summary judgment may be given where the defendant has no real prospect of successfully defending the claim and no other compelling reason requires a trial. For…

In judicial review of development consent orders for nationally significant infrastructure, the duty to make inquiries requires only reasonable steps within…

Eligibility under the ARAP scheme must be assessed by applying the ordinary meaning of the words in ARAP 3.6. Conditions 1 and 2 are interdependent. For…

A public authority may decide not to implement a public-safety recommendation if it has treated the recommendation’s safety rationale as a mandatory material…

A local planning authority’s acceptance that works or a use provide satisfactory compliance with an enforcement notice does not necessarily waive or relax a…

The Home Secretary’s duty to provide an asylum seeker with adequate accommodation is governed by a twin-track test. The accommodation must meet an objective…

Where an extradition warrant certifies an offence under the framework list, extraneous evidence on dual criminality is admissible only in very rare…

When a local plan is remitted after an error of law, the court may tailor relief to the error, provided it does not usurp the planning judgment of the local…

A fallback development may be a material planning consideration where there is a real, rather than fanciful, prospect that it will be implemented. The…

A judicial or quasi-judicial body will ordinarily avoid a costs order when it maintains a neutral stance in judicial review proceedings. That protection is not…

An appellate court reviewing an Interim Orders Tribunal must decide whether its decision was wrong, while giving appropriate weight to the specialist…

Permission for judicial review requires a properly arguable case, but the threshold is relatively low. A claim against a public authority is premature where…

A statutory duty to consult requires a meaningful and fair consultation interpreted in its statutory context. Consultation must occur before the decision is…

On an appeal under section 40 of the Medical Act 1983, the High Court conducts an appellate rehearing and may substitute its own decision, while giving the…

For an appeal based on fresh evidence under the Extradition Act 2003, the evidence must have resulted in a different decision requiring discharge. A mental…

A coroner should generally rely on the findings and conclusions of an independent Accident Investigation Branch unless there is credible evidence that its…

Under rule 9.9.2 of the Immigration Rules, cancellation of entry clearance requires a structured decision. The officer must identify a failure to comply with a…

In a Part 2 extradition case, certification by the Secretary of State does not prevent the District Judge from deciding whether the requested person is an…

Financial contributions towards infrastructure may be a material planning consideration even where the delivery of particular works has not been secured. The…

The Public Sector Equality Duty does not require a decision-maker to create contemporaneous documentary evidence or expressly mention the duty in the decision…

In environmental impact assessment, the identification of a project is a fact-sensitive planning judgment. Relevant considerations may include ownership…

The Secretary of State has a broad, context-specific discretion to decide which industry body is appropriate to participate in negotiations for a voluntary…

In environmental impact assessment, the identification, description and assessment of cumulative effects are matters of evaluative judgment for the…

In assessing a planning fall-back, the decision-maker must establish the lawful development capable of being undertaken, assess whether there is a real…

An extended civil restraint order may be made where a party has persistently issued claims or made applications that are totally without merit, objectively…

A public inquiry may use its compulsory document-production powers to seek classes of documents which relate to matters within its terms of reference, even…

Whether evidence is recognition evidence or hearsay is a matter of fact and degree. Social media may provide hearsay material, and careful analysis is required…

An appeal right created by an administrative scheme may be regulated by that scheme, including by a provision requiring finality after delay. Such a provision…

A local authority disposing of land must obtain the best consideration reasonably obtainable, but section 123(2) of the Local Government Act 1972 imposes an…

In non-environmental judicial review, a costs capping order requires satisfaction of the statutory preconditions and a separate assessment of whether a cap…

Where separate residential and business referendums on a neighbourhood plan produce different results, the local planning authority may decide whether to make…

Permission for judicial review of HMRC’s proposed publication of information about suspected tax-avoidance arrangements requires a realistic prospect of…

In a statutory challenge to a planning inspector’s decision, viability may qualify a development-plan requirement where the policy requires compliance “where…

Under article 6(3) of the Habitats Directive and the Habitats Regulations 2017, an appropriate assessment may be required at a later stage of a multi-stage…

A legitimate expectation in a taxation case requires a representation by HMRC which is clear, unambiguous and devoid of relevant qualification. The…

A third-country national adult child who qualifies as a family member because of dependency must continue to satisfy the relevant conditions for residence.…

At the permission stage of judicial review, the claimant must show an arguable claim; an arguable defence does not answer that question. The statutory…

Evidence of serious ill-treatment in a foreign prison does not by itself establish an arguable Article 3 bar to extradition. The presumption that a Council of…

An extradition appeal should be reopened only where reopening is necessary to avoid real injustice, the circumstances are exceptional, and there is no…

A planning committee may grant permission subject to conditions requiring further surveys, investigations and approvals, provided the conditions address…

For the purposes of the drink-driving offence, the statutory question is whether the location was a road or other public place, meaning a highway or other road…

In a challenge to refusal of entry clearance under paragraph 9.3.1 of the Immigration Rules, the court must review legality, not substitute its own view of…

Simple or substantive unfairness is not a free-standing ground of judicial review. A challenge must be analysed through recognised principles, such as…

A property freezing order may be made without notice where notice would prejudice the enforcement authority’s ability to obtain a recovery order. The statutory…

Victims of modern slavery receiving asylum support under section 98 of the Immigration and Asylum Act 1999 may fall within guidance requiring total financial…

Ofsted has a broad discretion under Education and Inspections Act 2006 to devise an inspection framework, including graded judgments. The court will not…

Paragraph 3.2 of the Code for Crown Prosecutors concerns coordination between prosecuting and investigating agencies. It does not ordinarily create an…

For extradition purposes, a requested person may properly be treated as a fugitive where they leave the requesting state after reoffending in breach of a…

In extradition proceedings, particulars satisfy Extradition Act 2003 section 2(4)(c) where the accusation warrant, read holistically and supplemented by…

When deciding whether to grant extradition bail under section 22(1A) of the Criminal Justice Act 1967, the court must consider whether there are substantial…

On an application to vary extradition bail, the court must consider afresh whether the existing conditions remain necessary and appropriate. A temporary…

On an application for subsequent consent for EIA development, the local planning authority must decide whether the environmental information already available…

In deciding whether development is one “project” for environmental assessment, the decision-maker may weigh functional interdependence, ownership, the scope of…

Authority to bring a statutory planning challenge must be established by reference to the instrument conferring it. Where that authority arises from a deed…

Part 4 Chapter 3 Closure Orders under the Anti-Social Behaviour, Crime and Policing Act 2014 concern objectively identifiable premises, not an area, locality…

For a judicial review claim, venue should ordinarily be determined by the region with which the claim is most closely connected. In assessing venue, the court…

On a statutory appeal from a Medical Practitioners Tribunal, the High Court may substitute its own decision on sanction and must decide whether the sanction…

The forum bar under Extradition Act 2003, s 19B requires the court first to decide whether a substantial measure of the requested person’s relevant activity…

Where a parent nominates a school under section 39 of the Children and Families Act 2014, consultation requires genuine dialogue. A local authority must engage…

A prison policy allowing telephone contact with broadcast media only where specified criteria are met must be applied according to its wording. Urgency is an…

Article 6 applies to judicial review where executive action directly and indefinitely restricts an individual’s fundamental rights, even if the decision is…

Contempt applications must identify precisely the acts alleged, the relevant dishonesty or mental element, and the evidence relied upon. Mandatory procedural…

A planning officer’s report must enable committee members to make an informed planning judgment and must not materially mislead them about a material matter. A…

The court may determine whether proposed development requires development consent under the Planning Act 2008, including where the question involves applying a…

Judicial review of a County Court judicial decision is available only on very restricted grounds. The claimant must show more than an arguable legal or factual…

Under CPR 39.2, hearings are subject to a strong presumption of openness. A private hearing may be ordered only where necessary to secure the proper…

Interim relief in a public law claim is governed by the modified American Cyanamid approach. The court asks whether there is a serious issue to be tried…

An order is determined by what the judge pronounced in open court. A later formal order may be corrected if it fails accurately to record that pronouncement…

A housing authority assessing homelessness duties must make reasonable, case-specific inquiries into the applicant household’s needs and the suitability of…

Disability-related expenditure is assessed by asking whether it is rationally related to a need arising from disability and whether the additional cost is…

In reviewing a predictive assessment under Criterion 2c of the Consolidated Criteria, the court must decide whether the decision was irrational, not whether…

An appeal under section 40 of the Medical Act 1983 is by way of rehearing, but the court must respect the specialist tribunal’s expertise to the extent…

A published policy governing Category A reviews must be read fairly, reasonably and objectively as guidance, rather than as a statute. Where experts disagree…

In extradition proceedings, a second warrant following failure on an earlier warrant may constitute an abuse of process, but the issue requires a broad…

Immigration examination and detention powers may be used only for the statutory purposes specified in Schedule 2 to the Immigration Act 1971. An outstanding…

Article 14 is engaged where the operation of a state-created educational body has a more than tenuous connection with the core values of Article 9 or A2P1.…

In assessing whether school admission arrangements are fair, a schools adjudicator is not confined to legal rights. The adjudicator may consider reasonable but…

A specialist professional disciplinary tribunal’s decision should receive appropriate respect on appeal. The appellate court reviews the decision unless a…

Paragraph 29 of Schedule 1 to the Welfare of Farmed Animals (England) Regulations 2007 requires the reasonable person responsible for an animal to expect that…

Prosecuting counsel must ensure that material capable of undermining the prosecution case or assisting the defence is disclosed as soon as reasonably…

An appellate court should respect a specialist regulator’s evaluative decision on sanction, but must intervene where the decision is wrong or unjust because of…

A public authority may formulate a general policy on whether privately funded specialist police protection should be made available, even though the statutory…

Where a public-law challenge has become academic because the public authority has agreed to reconsider the impugned decision, the court will ordinarily refuse…

In an appeal from a Medical Practitioners Tribunal, the appellate court must conduct the statutory re-hearing required by section 40 of the Medical Act 1983…

When deciding whether to accept a Parole Board recommendation to transfer an indeterminate-sentence prisoner to open conditions, the Secretary of State remains…

Section 26A of the Coal Industry Act 1994 applies to an authorisation contained in a Part II licence which has been postponed under section 27(3)(a), but not…

A taxpayer seeking a non-statutory tax clearance must provide full and frank disclosure of the specific transaction. A request is materially misleading where…

In national-security judicial review proceedings involving potentially closed material, preliminary issues must be identified and articulated with particular…

When extending custody time limits, the prosecution must establish good and sufficient cause and must have acted with all due diligence and expedition. The…

A private company exercising statutory harbour functions is amenable to judicial review, but the court must respect the statutory allocation of supervisory…

A tariff review for a person detained at Her Majesty’s Pleasure requires clear evidence of exceptional and unforeseen progress before the minimum term may be…

An order varying a restraint order should not ordinarily be made ex parte where it may affect the interests of the party subject to restraint, the foreign…

On an appeal under section 29 of the Nursing and Midwifery Council Order 2001, a Fitness to Practise Panel must treat a certified criminal conviction as…

In a discretionary and expedited public-law scheme, specialist decision-makers may give concise reasons and are entitled to evaluative respect. That does not…

When deciding whether a post-tariff life prisoner should receive an oral parole hearing, the Parole Board must ask whether fairness requires one in the…

A public authority may exercise a statutory right to enfranchise where the statutory conditions are met. The constitutional principle governing compulsory…

The court may proceed in a litigant’s absence where the litigant has adequate notice, repeated opportunities to attend, and the circumstances provide no…

Interim relief in a public law claim is governed by the American Cyanamid approach, adapted where public interests are engaged. The claimant must show a…

Under section 25 of the Extradition Act 2003, the question whether extradition would be unjust or oppressive requires an overall assessment of the relevant…

The Secretary of State may form his own view when deciding whether to accept a Parole Board recommendation for transfer to open conditions. However, the power…

On an appeal under Extradition Act 2003 s.27, the appellate court must decide whether the extradition judge ought to have answered a question differently and…

On a statutory planning appeal, an inspector must fairly understand and take into account material considerations, including a proposed planning condition…

In an extradition appeal under Article 8 ECHR, the court must reassess proportionality where material circumstances have changed since the extradition hearing.…

In proceedings under section 38(2) of the Sanctions and Anti-Money Laundering Act 2018, the court may in principle award damages for conversion as well as…

Where fresh evidence materially changes the factual basis of an extradition decision, the appellate court must make its own assessment of all the material.…

Where a prisoner serving an indeterminate sentence is transferred to England and Wales, the court must adapt the sentence so far as necessary to domestic law…

A conviction for breaching an emergency prohibition on public gatherings may be compatible with Articles 10 and 11 ECHR even where the gathering is a protest.…

Section 5 of the Public Order Act 1986 criminalises threatening or abusive conduct, not conduct that is merely rude, offensive, insulting, distressing or…

In an extradition appeal raising prison conditions, the court may receive a fresh assurance from the requesting state whenever offered. The governing question…

A financial ombudsman must identify relevant law correctly, but may reach a fair and reasonable outcome which differs from a court’s conclusion. Judicial…

On a statutory challenge to a planning inspector’s decision, the High Court reviews legality rather than the planning merits. The inspector’s decision letter…

Animal testing required by REACH is not testing carried out in order to meet the requirements of the Cosmetics Regulation, even where the substance is used…

Where a protest-related offence is defined so that its statutory ingredients themselves strike the proportionality balance required by Articles 10 and 11…

On a renewed application for judicial review, the court’s role is supervisory. It does not substitute its assessment for an Ombudsman’s evaluative judgment…

An ex gratia compensation scheme is construed objectively, as a reasonable claimant would read it, having regard to its terms and overall purpose. Under the…

Under Coroners Act 1988 section 13, the High Court may quash an inquest determination and order a fresh investigation where new facts or evidence make that…

An interim conditions of practice order may be extended where continuation is necessary and proportionate for public protection and public confidence. The…

An interim conditions of practice order may be extended where the regulator demonstrates that the nature and duration of the extension are necessary and…

Battery requires an intentional or reckless application of unlawful force. Physical contact which is generally acceptable in ordinary daily life may fall…

A local authority’s main housing duty under section 193(2) of the Housing Act 1996 is immediate, but accommodation may remain suitable for a short or medium…

A court exercising jurisdiction under section 32(12) of the Dentists Act 1984 must decide for itself whether interim conditions are necessary and…

The court may extend an interim conditions of practice order where continuation is necessary for public protection or public confidence. The court assesses…

In an age-assessment judicial review, fairness requires the local authority to identify with sufficient clarity the inconsistencies and other concerns likely…

A tariff reduction based on exceptional progress requires more than solid improvement in custody. The court must assess the prisoner’s work and disciplinary…

On an application to extend an interim professional regulatory order, the court applies the same necessity criteria applicable when the order was first made.…

A clinical treatment policy should be read in its practical and clinical context, rather than with the strictness appropriate to legislation. A policy which…

A local planning authority has a broad discretion whether to take enforcement action. In deciding expediency, it must weigh the advantages and disadvantages of…

Under the Construction Industry Scheme, a prior and extant liability determination precludes a subsequent non-liability direction in respect of the same…

A clear agreement accepting compensation in full and final settlement can bind a claimant and preclude later judicial review proceedings seeking increased…

Judicial review is a remedy of last resort. Where an available internal complaints or appeal procedure provides an adequate means of challenging the decision…

An appellate court reviewing a professional disciplinary sanction must respect the specialist tribunal’s evaluative judgment. It may intervene where there is…

On an extradition appeal involving fresh medical evidence, the appellate court must make its own assessment of the relevant issue where the evidence was not…

Forfeiture of a police pension under regulation K5(4) of the Police Pensions Regulations 1987 requires both a conviction and a connection between the convicted…

The Parole Board’s release test for determinate-sentence prisoners has no fixed temporal limit. A risk arising after sentence expiry may be considered, but…

At the permission stage of judicial review, arguability is a threshold requirement. Where the evidence, including the contemporaneous transcript, makes the…

In an appeal against a fitness-to-practise decision, the regulator must charge the real substance of the alleged wrongdoing. Where conduct may amount to…

Permission to challenge an enforcement appeal decision under section 289(6) of the Town and Country Planning Act 1990 should be granted where a proposed ground…

An embargo on a draft judgment is mandatory and strict. Disclosure of the judgment’s substance, including its result, may constitute contempt of court. Where a…

On an extradition appeal, the court must decide whether the district judge was wrong, rather than rehear the evidence or substitute its own weighting of…

In a contested judicial review which the claimant wins wholly, the starting point is that costs follow the event. The court retains discretion under Civil…

A local planning authority cannot use an application to discharge conditions to vary a requirement imposed by the planning permission. Planning conditions must…

Judicial review of a definitive map modification order is confined to public-law error. The court must not re-evaluate historical evidence or substitute its…

A local authority’s emergency power to remove danger under section 78 of the Building Act 1984 does not disapply ordinary planning controls. Where the…

Section 73 of the Town and Country Planning Act 1990 permits development without compliance with specified conditions. It cannot alter the description of…

A published policy does not create a legitimate expectation that an individual will be considered under an oversubscribed referral scheme unless it contains a…

A statutory power to create an appeals scheme does not, without more, impose a duty to exercise it. A common-law duty to consult may arise from a statutory…

A tribunal exercises the judicial power of the state where its statutory function is to make binding determinations affecting individual liberty, even if it is…

British nationality acquired by birth under the British Nationality Act 1948 depends on the status of the territory at the time of birth. Where sovereignty…

Professional disciplinary action affecting freedom of expression must satisfy the prescribed by law requirement under article 10. The statutory framework may…

For the purposes of Article 3 ECHR, a real risk must be assessed on the totality of the evidence and the conditions likely to be experienced. Assurances from…

Section 11A of the Tribunals, Courts and Enforcement Act 2007 abolishes judicial review of an Upper Tribunal refusal of permission to appeal, subject only to…

A judicial review claim may be heard after becoming academic where it raises an unaddressed public-law question of statutory construction with continuing…

Contempt for breach of an injunction requires proof, to the criminal standard, of a clear breach which was within the defendant’s power to avoid. The applicant…

In assessing extradition after a lengthy lapse of time, all relevant periods must be considered where the requested person was not a fugitive. A prior…

In an extradition appeal engaging Article 8 ECHR, proportionality is assessed through a fact-sensitive balance-sheet exercise. Time spent on qualifying remand…

A flawed age or needs assessment that deprives a young person of past child-in-need entitlements and current former relevant child status creates unlawfulness…

A statutory duty concerning children is engaged when the Secretary of State actively considers changing the Immigration Rules, including choosing to make no…

Judicial review claims concerning a government-supported sale of an energy supplier were refused for undue delay. The court nevertheless considered the merits…

On an appeal under section 40 of the Medical Act 1983, the court exercises an appellate, rehearing function and may substitute its own judgment, while allowing…

A permitted-development fall-back may be a material consideration in determining a planning application. Its existence and weight are matters for the…

On a prior-approval application under Class M of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, a…

A restriction of UK GDPR rights under Article 23 must be established by legislation which is clear, precise, legally binding, accessible and foreseeable. The…

The Parole Board must comply with directions governing transfers of indeterminate sentence prisoners to open conditions. Its decision must show that it has…

Permission to seek judicial review should be granted where there is an arguable case that a local authority has used homelessness accommodation to avoid its…

Specific assurances from a requesting state will normally attract a presumption of compliance, even where the state has lost a general presumption concerning…

For the purposes of Extradition Act 2003, s.12A, a decision to charge or try need not be formal, documented or already implemented. It may be conditional or…

For an accusation European Arrest Warrant, section 2 particularisation requires sufficient, realistic and intelligible information about the alleged conduct…

A local planning authority must base designation or extension of a conservation area on the statutory criterion of an area’s special architectural or historic…

In reviewing a refusal of naturalisation based on the good-character requirement, the court must apply traditional judicial-review principles. The Secretary of…

An appeal under section 29 of the Dentists Act 1984 is by way of rehearing, but the court gives appropriate weight to a specialist disciplinary tribunal’s…

A decision to move beneficiaries of a resettlement scheme between temporary bridging accommodation must be based on reasonable enquiries and regard to relevant…

In an application to deregister and exchange village-green land, “the interests of the neighbourhood” under section 16(6)(b) of the Commons Act 2006 means…

A legitimate expectation arising from a policy on diplomatic assistance ordinarily requires the Secretary of State to consider the request properly, taking…

Forfeiture under Part 5 of the Proceeds of Crime Act 2002 is an in rem proceeding against identified property. Property is obtained by unlawful conduct where a…

Whether procedural fairness requires an oral hearing in a prison security-categorisation review depends on the legal and administrative context and all the…

For the purposes of Town and Country Planning Act 1990, development is begun only by operations properly undertaken pursuant to the planning permission relied…

Judicial review is generally inappropriate where Parliament has provided an effective statutory appeal on the merits. A claimant must use that mechanism to…

An appeal from a professional disciplinary decision is a rehearing, not a de novo trial and not a supervisory review. The court may reconsider law, fact…

On an appeal by way of case stated, the High Court’s task is confined to answering the legal question posed, subject to examining the material evidence where…

A local housing authority must comply with its allocation scheme, but a scheme may confer discretion to make exceptional provision. A claimant cannot…

A misconduct panel must apply the structured three-stage approach to sanction: assess seriousness, identify the purposes of discipline, and select the outcome…

The starting point for a reporting restriction order is the constitutional principle of open justice. Hearings are public and the press may report what occurs…

Where a local planning policy defines the original building for Green Belt extensions or alterations by reference to the building as it existed on 1 July 1948…

Where an appellant dies before an extradition appeal is heard, the court may dispose of and finally determine the appeal without attendance where the…

The Secretary of State may make procedural rules for Parole Board proceedings, but may not use that power to interfere with the Board’s judicial functions or…

Permission for a statutory planning review requires an arguable public-law error. The court will not substitute its own evaluative assessment of a…

In an extradition appeal, the forum issue requires separate consideration of the statutory first-stage and second-stage tests. The “interests of justice”…

Capacity to participate in disciplinary proceedings is distinct from capacity to conduct an appeal. A court considering litigation capacity must address…

The phrase “reasonable grounds to suspect” does not impose a standard of proof. A decision-maker may consider all available information, including hearsay…

There is no general common-law duty to consult. A duty may arise from a clear, unambiguous and unconditional promise or established practice, or in the…

The statutory power to operate a public-service pension cost-control mechanism permits Treasury directions to take account of broad categories of scheme costs…

In extradition appeals, fugitive status is a fact-sensitive concept. A person who knowingly leaves a jurisdiction to avoid justice does not automatically cease…

Immigration detention is lawful only while removal remains realistically achievable within a reasonable period and the Secretary of State acts with reasonable…

A magistrates’ court deciding whether to adjourn a criminal trial must apply rigorous scrutiny. The starting point is that the trial should proceed, although…

In a planning statutory review, an inspector may reach conclusions differing from the parties’ agreed position. However, procedural fairness requires the…

A dependent child may be a member of more than one household for the purposes of a legal aid means assessment. The question depends on the ordinary meaning of…

On judicial review of a Crown Court decision under the Dangerous Dogs Act 1991, the High Court must review for public law error, not substitute its own merits…

A positive obligation under articles 2 or 8 ECHR to provide public information about an environmental or health risk arises only where the evidence establishes…

Where judicial review proceedings settle without the claimant obtaining the relief sought, the court should first determine whether the claimant was wholly or…

Under the Trade and Cooperation Agreement, proportionality in extradition remains part of the overall Article 8 balancing exercise. Article 597 does not create…

A tariff review based on exceptional and unforeseen progress requires an assessment of the prisoner’s development as a whole. Relevant considerations include…

A public authority responsible for a child’s education may breach Article 2 of Protocol No. 1 where it knows that the child is receiving no effective education…

In a professional disciplinary appeal, a finding that conduct was racially motivated requires consideration of the practitioner’s subjective purpose, unlike an…

In extradition proceedings, assurances from a requesting state may sufficiently protect a requested person against a real risk of prison conditions violating…

An EAW must satisfy Extradition Act 2003, section 2. Whether it is an accusation or conviction warrant is fundamental and must be assessed by reading the…

A Crown Court hearing an appeal from a magistrates’ court has power to strike an appeal from the list where an unrepresented appellant fails to attend. That…

In extradition proceedings, the passage of time may have different legal significance under sections 14 and 21 of the Extradition Act 2003. For a conviction…

A local authority’s duty to provide suitable education and secure provision specified in an education, health and care plan does not necessarily require the…

A planning officer’s report must be read fairly and with reasonable benevolence. The court intervenes only where the report materially misleads or misdirects…

In a Part 1 extradition case, the requested person bears the burden of proving that speciality is not protected by practical and effective arrangements. There…

In an extradition appeal, an adjournment may be refused where the only identified grounds have no realistic prospect of success and the available materials…

In an extradition appeal engaging European Convention on Human Rights Article 8, the court must balance the individual’s private and family life against the…

On a renewed application for permission to appeal in extradition proceedings, permission should be refused where the proposed grounds disclose no reasonable…

On an appeal concerning extradition and Article 8 ECHR, an appellate court should not disturb reasoned factual and credibility findings absent a proper basis.…

Where a former relevant child remains in education beyond the age of 21, accommodation and subsistence assistance may be necessary to meet both welfare and…

For section 20(3) of the Extradition Act 2003, deliberate absence is a fact-sensitive question requiring consideration of whether the requested person’s own…

For extradition purposes, the statutory requirement for extra-territorial conduct is satisfied where the conduct is an offence under United Kingdom law by…

When a new consideration arises after a planning committee has resolved to grant permission, it must be taken into account if it is so obviously material that…

The statutory test of whether compliance with a mandatory transfer scheme will unduly prejudice a local authority’s functions confers an evaluative discretion…

In a judicial review claim, venue should ordinarily be the Administrative Court region with which the claim is most closely connected. A claimant’s preference…

Where a judicial review claim is resolved by an agreed final order at the permission stage, the order should record that permission is granted. The arguability…

Sections 88–90 of the Criminal Justice and Courts Act 2015 form a complete code governing costs-capping orders in judicial review proceedings. The High Court…

In an age-assessment judicial review, interim accommodation under section 20 of the Children Act 1989 is not subject to an automatic requirement that the…

An application under section 191 of the Town and Country Planning Act 1990 must specify the land and describe the existing use, operation or other matter.…

Interim relief restoring VAT registration pending an appeal to the First-tier Tribunal is exceptional. A serious issue to be tried is insufficient. The…

An appellate court reviewing a Solicitors Disciplinary Tribunal decision must respect the Tribunal’s factual findings and specialist evaluative judgments.…

A public authority may express a discretionary policy in unqualified terms. It need not state expressly that exceptions may arise, provided the decision-maker…

A statutory body has only the powers conferred by the legislation establishing it, together with powers properly incidental to its statutory functions. A…

The Financial Ombudsman Service has a broad discretion to decide whether to reopen a previously determined complaint, but that discretion must be exercised…

Where an agreed judicial review order records that immigration detention was unlawful because the defendant failed to comply with internal guidance, the court…

Bankruptcy may prevent an appellant from continuing a statutory planning appeal where the relevant cause of action has vested in the trustee in bankruptcy and…

An interim order restricting a medical practitioner’s registration may be extended where the court is satisfied that the extension is necessary for public…

A local planning authority’s resolution to grant planning permission is a legally significant decision capable of being challenged by judicial review before…

For the passage-of-time bar to extradition, the court must assess the effect of delay on the requested person’s circumstances. Oppression requires more than…

A statutory definition of procedural impropriety may encompass failures occurring after representations have been filed, including failures concerning their…

For applications to extend time for service of originating process in statutory or judicial review proceedings, the court should apply the stringent…

The common-law duty to give reasons is context-specific. A high-volume, urgent administrative scheme may use template decisions where they identify the…

A planning obligation seeking money for public services must satisfy the statutory tests in regulation 122 of the Community Infrastructure Levy Regulations…

Article 14 requires differential treatment within the ambit of a Convention right to be objectively justified. Where the difference is principally based on…

In extradition cases based on prison conditions, recent general findings by an appellate court should ordinarily be followed unless there is cogent evidence of…

In an extradition appeal, permission should be granted where newly translated material makes an arguable challenge to findings central to statutory and…

Permission for judicial review of a Parole Board decision requires an arguable public law ground with a realistic prospect of success. The Board must assess…

In extradition proceedings, Article 8 requires a proportionality assessment balancing interference with private and family life against the weighty public…

In an extradition case, fresh medical evidence must satisfy the established criteria for admission on appeal, including decisiveness and the inability, despite…

In deciding whether to grant interim mandatory relief in an age-assessment judicial review, the court applies the American Cyanamid approach. An arguable case…

For a person sought for trial rather than conviction, the presumption in favour of bail applies. It is displaced where the proposed conditions do not reduce to…

A statutory power to recover Universal Credit overpayments is discretionary and must be exercised according to public law principles. A waiver policy must be…

The Secretary of State’s discretion to expedite asylum-support dispersal accommodation must be exercised on the individual circumstances of the applicant and…

A public authority must make reasonable enquiries before adopting or maintaining guidance where the consequences are significant. The extent of the enquiry is…

A planning committee must receive advice that is not significantly or seriously misleading on a material planning issue. The court intervenes only where the…

An appeal from the Solicitors Disciplinary Tribunal is ordinarily by way of review. The High Court should not interfere with factual or evaluative findings…

On an appeal under the Extradition Act 2003, the High Court asks whether the extradition judge reached the wrong decision, rather than conducting the…

Where the exercise of immigration-bail powers would leave destitute applicants facing a real risk of breaching their Convention rights, it is strongly arguable…

A licensing authority may not exclude sexual entertainment venues solely because it considers them immoral. It may consider community objections about the…

At the permission or leave stage in judicial review and statutory review, the conventional arguability threshold applies: the claimant must show a realistic…

An appeal from a specialist disciplinary tribunal proceeds by way of review, not rehearing. The appellate court gives appropriate weight to the tribunal’s…

The section 188(1) interim accommodation duty under the Housing Act 1996 has a low threshold and is ordinarily immediate. However, where an applicant’s medical…

In planning decisions, aviation emissions cannot be ignored, but their legal treatment depends on the division between local planning control and national…

A local authority asked to provide children’s services to a person claiming to be under 18 must make the necessary inquiries and reach its own informed…

Whether fairness requires an oral hearing in a Category A categorisation review is a question of law for the court, assessed on the particular facts. The…

Section 73 of the Town and Country Planning Act 1990 is limited to varying or removing conditions attached to an existing permission. It cannot alter the…

In an accusation-warrant case, proportionality under section 21A of the Extradition Act 2003 requires separate consideration of the seriousness of the alleged…

In an extradition appeal involving Article 8 ECHR, the court must determine whether the interference with private and family life is outweighed by the strong…

The licensing objectives in section 4(2) of the Licensing Act 2003 are not confined to alcohol-related matters. “Public safety” is distinct from “public…

A local authority supporting children in need under Children Act 1989, section 17 must assess the individual child’s welfare needs. It should not treat an…

A decision-maker determining an application under the Planning Act 2008 must follow the statutory structure governing national policy statements. Where an…

Permission for judicial review requires an arguable claim with a realistic prospect of success. Judicial review remains supervisory. It is not a forum for…

On an application to revoke an interim conditional registration order, the court exercises an original jurisdiction. It considers the current evidence and…

An overseas application for leave outside the Immigration Rules must be made using the application form for the route that most closely matches the applicant’s…

When deciding which conclusions to leave to an inquest jury, a coroner must apply the Galbraith plus approach: there must be evidence on which a properly…

In a challenge to a planning appeal decision, statutory restrictions affecting the lawful implementation of development may be material where deliverability…

Judicial review of law-enforcement decisions to investigate alleged forced-labour imports and money laundering is highly restrained. The court may intervene…

A coroner conducting a resumed inquest should strive to reach a conclusion on the balance of probabilities. If unable to do so, the coroner must explain why. A…

For British nationality purposes, EU free-movement legislation may constitute immigration laws. A person whose right to remain depends on continuing to satisfy…

A local housing authority may exclude individuals who fall within a statutory reasonable-preference category, but only by reference to factors of general…

A coroner must determine the scope of an inquest rationally and in accordance with the statutory purpose of discovering how the deceased came by their death.…

A statutory appeal under section 40 of the Medical Act 1983 is appellate rather than supervisory and proceeds by way of rehearing. The court may substitute its…

On judicial review of bail decisions, the High Court applies a robust but sparing reasonableness review. The Crown Court is the primary evaluator of risk and…

A decision on ROTL must satisfy Rule 9(4) of the Prison Rules 1999; transfer to open conditions does not itself establish entitlement to temporary release. The…

On a challenge under section 288 of the Town and Country Planning Act 1990, a mistake of fact is unlawful where it concerns an existing, objectively verifiable…

On consequential matters following a judicial review judgment, costs ordinarily follow success, but the court must assess partial success and the issues…

On an appeal against a professional disciplinary sanction, the appellate court must decide whether the tribunal’s decision was wrong or unjust because of a…

A precise statutory waiting-time standard may impose a duty to make reasonable arrangements directed towards achieving it, rather than an absolute duty to…

A tribunal dealing with a restricted patient’s discharge must balance the statutory presumption of privacy against the constitutional importance of open…

On a de novo application for bail pending an extradition hearing, the court must decide for itself whether conditions can secure attendance. Serious offending…

Failure to follow the plea-before-venue procedure in section 24A of the Magistrates’ Courts Act 1980 is procedural. It does not remove the Youth Court’s…

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

On an appeal by way of case stated in a criminal cause or matter, the absence of a power under the criminal costs regime to order an unsuccessful defendant to…

Accommodation is not itself a need for care and support under the Care Act 2014. Accommodation may nevertheless be provided where it is necessary to deliver…

On an application for permission to appeal in extradition proceedings, the applicant must show an arguable error of approach or outcome. The court may consider…