High Court: Administrative Court judgments, 2024

A compensation authority may adopt a bright-line policy governing whether earlier decisions are reconsidered after a change in the law, provided the policy is…

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

An appeal from a magistrates’ court licensing decision is a rehearing de novo. The appellate court must decide the application on the facts available at the…

On an extradition appeal, primary findings of fact, particularly findings based on oral evidence and credibility, must ordinarily be respected. The appellate…

An appeal from a Medical Practitioners Tribunal is by way of rehearing. The High Court may substitute its own decision, but should respect the Tribunal’s…

For an extended summary-only time limit, time begins when an authorised prosecutor first considers material evidence which fulfils the full code test and…

On a statutory appeal from a professional regulator, the High Court must allow the appeal where the decision was wrong or unjust because of a serious…

On an appeal under the Medical Act 1983, a tribunal may prove misconduct through cogent inferences from documentary and circumstantial evidence. Direct…

In a planning challenge, development plan policies must be interpreted objectively and in context, but their application and the weight given to competing…

Where an extradition warrant contains conviction and accusation matters, the court should first conduct the Article 8 proportionality analysis separately where…

An application to remove reporting restrictions identifying a child convicted in the Crown Court must be made as soon as reasonably practicable and determined…

An appeal against a professional disciplinary sanction is ordinarily by way of review rather than rehearing. The intensity of review is flexible and depends on…

A judicial review claim which has become academic will generally be dismissed. The court should proceed only where there is a sufficient public-interest…

Section 31(2A) of the Senior Courts Act 1981 requires refusal of judicial review relief where it is highly likely that the outcome would not have been…

In a disciplinary appeal concerning costs, a rule restricting appeals on costs does not create a freestanding route of appeal. It adds a further requirement to…

An all-proceedings order may be made where a litigant has habitually and persistently instituted vexatious civil or criminal proceedings, or made vexatious…

In an extradition appeal based on Article 8 of the European Convention on Human Rights, the appellate court must focus on whether the extradition decision was…

A breach of the entitlement to legal advice under section 58 of the Police and Criminal Evidence Act 1984 does not automatically require exclusion of…

A decision-maker assessing whether a sponsored vacancy is genuine may request relevant evidence, but must apply the statutory and policy test rationally. It is…

In a challenge under Town and Country Planning Act 1990, the court must identify a genuine legal error in the decision-maker’s treatment of planning…

Section 328 of the Highway Act 1980 is an interpretation provision. It does not automatically make every bridge carrying a highway maintainable at the public…

On a standard-basis costs assessment, the court must allow only costs that are reasonable and proportionate. Proportionality is assessed after reasonableness…

The Hamid jurisdiction enables the court to regulate its procedures and enforce the overriding duties owed by legal professionals. It applies across all types…

Section 19 of the West Sussex County Council Act 1972 is not confined to modest budgetary shortfalls or operational expenditure. It may cover any lawful…

Where a public authority admits breach of a statutory duty to provide adequate asylum accommodation, the ordinary remedy is a mandatory order. The court should…

Under the Police Pensions Regulations 2015, a medical report must decide the questions referred under regulation 81 and identify the medical condition or…

When an inquiry chair decides whether to fund legal representation, the statutory discretion must be exercised fairly and with regard to avoiding unnecessary…

Access to documents on a court file engages both open justice and the privacy or confidentiality interests affected by disclosure. A non-party has no right to…

On a renewed application for permission to appeal in extradition proceedings, the appellate test is whether the district judge arguably reached the wrong…

On an appeal under section 40 of the Medical Act 1983, the court must independently decide whether a disciplinary sanction was appropriate and necessary in the…

In a remedies decision following a successful judicial review, the court may quash an appeal tribunal’s decision in its entirety where the tribunal’s grounds…

A local authority’s decision to remove a neighbourhood traffic scheme is reviewed under the ordinary supervisory principles. The court must respect the…

A designation under section 1 of the Dangerous Dogs Act 1991 involves an evaluative judgment for the Secretary of State. Judicial review is concerned with…

An ombudsman’s assessment of what is fair and reasonable is reviewable for legal error, irrationality and other ordinary public law flaws, but the court must…

At the permission stage of a planning statutory review, a ground must have a realistic prospect of success. Policy guidance on consultation of main…

Disclosure of the substance of an embargoed draft judgment to a non-party may amount to contempt where it breaches the embargo and is a deliberate act…

Judicial review of a Crown Court bail decision is available where the decision concerns a retrial following an aborted trial and is not excluded by section…

Where housing requirements arise from more than one adopted development plan document, the National Planning Policy Framework does not invariably require a…

Where the Secretary of State rejects Parole Board advice on a prisoner's progression, the decision remains subject to rationality review. The Secretary of…

Under section 13 of the Coroners Act 1988, the interests of justice may require a fresh inquest where procedural irregularities have made the original…

The statutory scheme for transferring judicial review applications to the Upper Tribunal does not require every decision made under an Immigration Act to be…

Procedural fairness does not require an oral Parole Board hearing merely because it might be preferable, or because release might be unlikely. The question is…

The ARAP-AFM policy requires an applicant to be a family member of the eligible Afghan principal. “Family member” has no fixed meaning and must be construed…

Permission to amend grounds of judicial review requires the proposed ground to be properly arguable. Under Appendix ARAP, a requirement that an applicant must…

A contractual decision may be amenable to judicial review where the contract is underpinned by statute and the public authority is exercising public functions.…

In an extradition appeal, fugitivity depends primarily on the requested person’s state of mind when leaving the requesting state. A person may be a fugitive…

Under the Police Pensions Regulations 2015, the medical question is whether an officer is permanently medically unfit for any ordinary duty of a constable…

A licensed student sponsor may withdraw sponsorship where false financial documents have been provided in support of a student’s application. A finding that…

Judicial review of a Circuit Judge’s refusal of permission to appeal is available only in truly exceptional circumstances. The claimant must show a…

An ICB’s NHS Continuing Healthcare decision involves evaluative judgments about the claimant’s reasonable requirements and the services or facilities…

In a planning judicial review, the court must read the decision letter fairly and as a whole. A decision-maker need address the principal important…

For section 20(3) of the Extradition Act 2003, the relevant trial is the hearing which resulted in the decision giving rise to the extradition request. A later…

For compassionate release under section 248 of the Criminal Justice Act 2003, the Secretary of State must consider all exceptional circumstances and must not…

Where an applicant submits a further application for leave to remain while an earlier application remains undecided, the applicable version of rule 34BB may…

In determining development consent, the Secretary of State is not ordinarily required to resolve disputed technical questions about whether a proposed energy…

Challenges to planning permissions must be brought with the greatest possible celerity. Where there has been undue delay, the court must weigh the importance…

For a statutory challenge requiring an application to be made within a fixed period, the claim is made when a valid claim form is delivered to a court office…

In an age-assessment judicial review, the court must distinguish a factual challenge to age from a conventional public-law challenge. Permission should be…

On a renewed application for permission to appeal in an extradition case, the appellate court must decide whether the district judge was wrong. It may conclude…

Where paragraph 11(d) of the National Planning Policy Framework applies, the decision-maker must address limb (i) and, if necessary, limb (ii). The exercise…

A decision is unlawful where a fair-minded and informed observer would conclude that there was a real possibility of bias or predetermination. The assessment…

Under section 14 of the Extradition Act 2003, the passage of time bars extradition only where it would be unjust or oppressive to return the requested person.…

Where extradition engages a real risk of treatment contrary to article 3 of the ECHR, assurances must be sufficiently clear and effective to address the…

On an extradition appeal, a significant change of circumstances may require the appellate court to reassess whether extradition is barred. In determining…

A legitimate expectation requires a representation by a public body that is clear, unambiguous and devoid of relevant qualification. A communication staying…

Proceedings under the Extradition Act 1989, including an application under section 11, are criminal proceedings for criminal legal-aid purposes. Their…

A qualifying curfew is capable in law of reducing the public interest in extradition. Its effect is fact-sensitive. The court must assess the weight of the…

A settled judicial review claim may become wholly academic where the challenged educational provision has ended and no live remedy remains within that claim.…

A professional disciplinary panel must engage with the registrant’s central case, including any factual context relied upon to justify the conduct. It must…

A literal statutory meaning should be preferred where the legislative scheme is coherent and workable. Courts may correct an obvious drafting error by adding…

A housing allocation scheme must be interpreted practically and with common sense, allowing sensible flexibility where its wording permits it. A residence…

An appellate court reviewing a regulatory decision under section 29 must determine whether the decision was wrong or unjust because of a serious procedural…

Confiscation under Part 2 of the Proceeds of Crime Act 2002 and civil recovery under Part 5 address different questions. A confiscation order concerns the…

Applications to lift a no recourse to public funds condition require a fact-specific assessment of whether the applicant is destitute or at imminent risk of…

A statutory appeal by way of rehearing may succeed where the regulatory tribunal’s decision was wrong or unjust. In challenges to factual or evaluative…

On an extradition appeal, the court must decide whether the district judge answered the statutory questions wrongly in a way that required discharge. Un tested…

A policy conferring immigration status under the Windrush Scheme must not be applied so rigidly that the Secretary of State refuses to consider whether an…

Under the National Security and Investment Act 2021, the Secretary of State may impose a final order where divestment is reasonably considered necessary and…

On an appeal from a disciplinary tribunal, the High Court must allow the appeal only if the tribunal’s decision was wrong or unjust because of a serious or…

In a regulatory sanction appeal, insight and remediation are relevant principally because they assist in assessing the risk of repetition and the sanction…

An operator installing electronic communications apparatus must consult the local planning authority under regulation 3(1)(b) of the Electronic Communications…

For conduct to constitute an extradition offence under section 65(3) of the Extradition Act 2003, it is sufficient that some of the conduct occurred in the…

When rejecting a Parole Board recommendation that an indeterminate-sentence prisoner be transferred to open conditions, the Secretary of State must give the…

A statutory coastal-access objection procedure is not inherently procedurally unfair merely because the objector has no formal statutory right to reply to the…

A reconsideration request under the Modern Slavery Statutory Guidance must be assessed by reference to the applicant’s delay, not merely the date on which…

When deciding whether to issue a summons for a private prosecution, a magistrate must ask whether the alleged offence is known to law and whether its essential…

Contempt may interfere with the due administration of justice even before proceedings exist. Permission requires a strong prima facie case and, where…

Valid service of a sealed claim form is essential to found the court’s jurisdiction over a defendant. An unsealed claim form cannot be corrected under CPR…

In a statutory appeal from professional-discipline proceedings, the High Court reviews the tribunal’s decision rather than conducting a fresh hearing unless…

Costs ordinarily follow the event, but the court retains a broad discretion to consider all the circumstances, including partial success, party conduct and…

At the permission stage of an age-assessment judicial review, the court asks whether the evidence, taken at its highest, raises a factual case that could…

A magistrates’ court has no power under section 63 of the Magistrates’ Courts Act 1980 to suspend a Closure Order pending an appeal under section 84 of the…

For the purpose of publishing information under section 86(1) of the Finance Act 2022, suspicion is a low threshold. A structure under which PAYE is operated…

On an application concerning an interim professional restriction, the court exercises an original jurisdiction. It does not conduct judicial review, but may…

Permanent exclusion is a supervisory decision engaging the pupil’s welfare, safeguarding and educational interests, alongside those of other pupils and staff.…

A police vetting decision based on non-conviction information must apply the applicable two-stage test: whether there are reasonable grounds for suspicion…

Following an unlawful search, the Administrative Court retains a discretion whether to order the immediate return of seized material or leave the investigating…

General sanctions regulations may lawfully interfere with Convention rights where they are accessible, pursue sufficiently important legitimate aims, are…

A disciplinary panel which has announced its findings of fact has no general Ladd v Marshall jurisdiction to reopen the completed fact-finding stage to receive…

Article 18 of the Withdrawal Agreement permits a two-stage process for late applications under a residence scheme. The competent authority may first decide…

Particulars in an extradition warrant must clearly identify the alleged conduct, offence, time and place so that the requested person can understand the case…

For dual criminality, the conduct described in an extradition warrant must be capable of constituting an offence in the relevant part of the United Kingdom…

An appellate court should defer to a specialist disciplinary tribunal’s multifactorial assessment of seriousness, credibility and sanction. It may intervene…

An anonymity order in TPIM proceedings requires a clear legal basis and must be strictly necessary. The statutory scheme and Civil Procedure Rules 1998 permit…

On an appeal by case stated, the High Court may review whether a magistrates’ decision was wrong in law or irrational, but does not rehear the merits. A…

Under section 14 of the Extradition Act 2003, oppression caused by delay requires more than hardship. The requested person must show a causal link between the…

A misconduct panel must give reasons that show how it assessed culpability, harm, aggravating and mitigating factors, reached an overall conclusion on…

In an extradition case engaging Article 8 ECHR, the appellate court must ask whether the first-instance judge made the wrong decision on the evidence then…

A conviction arrest warrant must contain sufficient particulars of every offence relevant to the sentence for which extradition is sought. Where sentences have…

At the permission stage in an extradition appeal, a potentially decisive question about the effect of conditional early release and time already served may…

A magistrates’ court must formally record and notify the outcome of an application for an account freezing order, even where no substantive freezing order is…

In extradition proceedings, Article 8 will not realistically resist extradition where the public interest in surrender decisively outweighs the passage of…

In extradition proceedings, an English court may rely on further information from the requesting state where the information explains an apparent change in the…

For an appeal under section 26 of the Extradition Act 2003, fresh evidence must have been unavailable at the extradition hearing and capable of changing the…

Judicial review of a refusal to adjourn a criminal appeal because the defendant lacked legal representation is concerned with whether the hearing was fair. An…

In a challenge to planning permission, the court asks whether the officer’s report, read fairly as a whole, materially misled the committee on an issue bearing…

In extradition proceedings, the passage of time is not irrelevant to the proportionality assessment under article 8 ECHR merely because the requested person is…

A mandatory order should address the illegality established by judicial review and should not extend beyond the court’s determination. Where a healthcare…

In an extradition appeal engaging Article 8, the court must balance the strong public interest in extradition against the private and family-life consequences…

Under Extradition Act 2003, proportionality in an accusation case is assessed holistically by reference only to the statutory matters: the seriousness of the…

A court may entertain a challenge seeking a declaration of incompatibility in respect of primary legislation which has received Royal Assent but has not yet…

On a renewed application for judicial review, permission should be granted where the claimant has an arguable case that a public authority’s decision was based…

Under section 25(2) of the Extradition Act 2003, extradition will be unjust or oppressive only where the evidence reaches a high threshold. A claimed risk of…

In a judicial review concerning a criminal cause or matter, the court has a choice between the criminal costs regime and the civil regime under section 51 of…

Parties to a planning appeal should present their whole case and the material on which they rely to the decision-maker. They ordinarily cannot reserve a new…

In an extradition appeal based on Article 8 ECHR, fresh evidence may require the appellate court to reach its own present conclusion, rather than…

Section 58 of the Climate Change Act 2008 does not require adaptation objectives to be quantified, measurable or framed as substantive outcomes. Objectives may…

When assessing impairment of fitness to practise, a tribunal must consider all relevant limbs of the statutory overarching objective. Remediation and a low…

A brief age enquiry is not inherently procedurally unfair. Its suitability depends on the circumstances of the individual case. It may be used where it is…

At the permission stage of a challenge to an age assessment, the court applies two distinct thresholds. For conventional judicial review grounds, permission…

In an age-assessment judicial review, a brief enquiry may be lawful where it is obvious that the person is over 25, obvious that they are under 18, or unclear…

On a case-stated appeal, the court must assess the substance of the magistrates’ reasoning in context, but the correct legal test must have been applied. For…

An integrated care board owes an absolute and non-delegable duty to arrange healthcare provision specified in Section G of an education, health and care plan.…

Under section 13 of the Coroners Act 1988, the High Court may order a fresh inquest where newly discovered facts or evidence make that course necessary or…

At an interim stage in an age-assessment challenge, the claimant need only show a real, rather than fanciful, prospect of establishing the relevant factual…

When a local planning committee grants permission contrary to officers’ recommendation, its reasons must be intelligible and adequate on the principal…

In an extradition claim engaging Article 3, a court must assess the requested person’s particular circumstances where general prison conditions and individual…

In judicial review proceedings, substitution of a claimant is governed by CPR 19.2(4)(b), where it is desirable to substitute the new party so that the court…

On an appeal under the Extradition Act 2003, the High Court must determine whether the District Judge’s ultimate Article 8 assessment was wrong. There is no…

Section 70A of the Town and Country Planning Act 1990 permits an authority to decline a later application only where the development and land are the same or…

For leave to appeal on a point of law under section 289 of the Town and Country Planning Act 1990, the proposed ground must be arguable and have a real…

In a planning challenge under section 288, planning policies must be interpreted objectively, but their application and weight remain matters for the…

Abuse of process in extradition is a residual jurisdiction exercised only in exceptional circumstances. It requires cogent evidence that the requesting…

An appeal from a professional disciplinary decision is a full rehearing, but appellate restraint remains appropriate for primary factual findings based on oral…

A local authority arranging a care leaver’s transition to adulthood must ascertain and have regard to the young person’s views, wishes and feelings, including…

On a submission of no case to answer, magistrates must give brief but sufficient reasons explaining why the prosecution evidence could not support a…

In an extradition appeal, proportionality under section 21A of the Extradition Act 2003 requires assessment of the statutory factors only so far as the judge…

In an extradition case, where substantial new medical information raises legitimate concerns about the requested person’s diagnosis, prognosis or treatment…

Under the Domestic Renewable Heat Incentive Scheme, Ofgem’s powers before accreditation extend beyond checking the plant itself. They include a sufficiently…

Whether a change of use has occurred is a question of fact and degree. The decision-maker must consider the physical state of the land or building and its…

On an appeal from a valuation tribunal, the High Court considers questions of law rather than conducting a rehearing on the facts. A person’s “sole or main…

On an appeal concerning proportionality under section 21A of the Extradition Act 2003, the appellate court must decide whether the district judge’s decision…

At a permission or viability stage, the threshold is modest. A claim should proceed where it is properly arguable and has a realistic prospect of success. The…

On an appeal under regulation 17 of the Teachers’ Disciplinary (England) Regulations 2012, the High Court reviews whether the Secretary of State’s decision was…

When deciding whether an indeterminate sentence prisoner should move from closed to open conditions, the Secretary of State remains the primary decision-maker.…

In a Part 1 extradition appeal, dual criminality depends on the conduct described in the warrant, rather than the requesting state’s offence label.…

Permission for judicial review does not automatically or presumptively justify a stay of administrative proceedings. A stay and an injunction producing the…

A housing allocation scheme may place applicants in different priority categories, provided its meaning complies with the statutory scheme and is not unlawful.…

A statutory planning challenge under section 288 of the Town and Country Planning Act 1990 must be issued and served within the statutory six-week period.…

A stay of an extradition appeal pending a lead case is exceptional and requires a rigorous, case-sensitive assessment. The court should ask whether the pending…

In deciding whether to transfer an indeterminate prisoner to open conditions, the Secretary of State is not bound by a Parole Board recommendation. The…

Permission to amend a judicial review claim should be refused where the proposed case introduces materially wider issues, is made late, is insufficiently…

Delay by an issuing or executing state may weigh against extradition under Article 8 even where the requested person is a fugitive. An issuing state need not…

When deciding whether to accept a Parole Board recommendation for transfer to open conditions, the Secretary of State must make her own decision but must…

The Secretary of State decides whether a prisoner should transfer to open conditions, although the Parole Board may provide advice. The Secretary of State may…

Permission for statutory review will generally be refused where the proposed grounds have no realistic prospect of success. An inspector need not assess an…

An expert statutory body’s confirmation of a Site of Special Scientific Interest is subject to procedural fairness and judicial review, but the court will not…

In assessing whether a planning policy requiring a layout that maximises the potential for walkable neighbourhoods has been complied with, the decision-maker…

Statutory proportionality in extradition requires the alleged conduct to be assessed in its wider context. Linked accusations should generally be considered…

In an extradition case engaging Article 8, the passage of time may weigh against extradition, but its significance must be assessed in context. That context…

Permission in principle may be granted for housing-led development which includes integral open space and landscaping. Those elements do not prevent the…

At the permission stage of a statutory planning review, strategic infrastructure may have a reasonable prospect of delivery without a precise percentage…

Judicial review is not a means of rerunning arguments about family-court orders after the available appeal process has been exhausted. Where the statutory…

A court will not extradite a person where prison conditions create a real risk of treatment contrary to article 3 of the ECHR, unless effective assurances…

Extensions of time in planning judicial review claims require promptness, procedural diligence and a careful balance between the claimant’s interests, the…

In environmental impact assessment, inevitable greenhouse-gas emissions from the eventual combustion of extracted coal are likely significant indirect effects…

A specialist police appeal tribunal must address the case actually advanced before the misconduct panel. It cannot quash a finding of gross misconduct because…

In a planning appeal, an inspector may depart from matters recorded in a statement of common ground where those matters concern evaluative judgment and were…

A planning committee may lawfully reach a different overall planning judgment from its officers, provided it applies the statutory and policy framework…

A prosecution under section 3 of the Protection of Badgers Act 1992 does not invariably require expert evidence as a matter of law. Where whether a structure…

A prison governor’s power to refuse an application for early release on compassionate grounds depends on the basis of the application and the terms of the…

Supplementary planning documents are not part of the statutory development plan and cannot themselves provide a local-plan policy basis for a specific…

There is no general rule that alternative development schemes are mandatory material considerations in planning decisions. Alternatives must be explored where…

A public authority may decide to remove a tree causing subsidence where removal offers a lawful financial or risk-management advantage. It need not await, or…

A prisoner subject to a Prison Rules 1999 rule 46 direction remains removed from association while he is not, in fact, able to associate with other prisoners.…

A section 40 appeal is appellate rather than supervisory and proceeds by way of rehearing. The degree of deference owed to a Medical Practitioners Tribunal…

Quashing an unlawful administrative act ordinarily operates retrospectively. A planning permission cannot be commenced by operations breaching a true…

Accommodation secured under Part 7 of the Housing Act 1996 must be suitable for the particular homeless person and household. Suitability is fact-sensitive and…

A governing body reconsidering permanent exclusion after an independent review panel has quashed its earlier decision must conscientiously reconsider whether…

An appeal from a fitness to practise decision is neither confined to a point of law nor a full rehearing. The court may exercise its own judgment on whether…

A disclosure order under the Proceeds of Crime Act 2002 may be set aside only after the court has reviewed the statutory conditions afresh and exercised its…

Under Extradition Act 2003, the passage of time bar has no fixed limitation period or automatic cut-off. The court must assess whether extradition would be…

Parole Board proceedings require a high degree of procedural fairness. Where a panel receives new evidence on which it may place material weight, it must…

Statutory proportionality under section 21A of the Extradition Act 2003 is a free-standing bar to extradition. The assessment is confined to the seriousness of…

Paragraph 4.5 of the National Policy Statement for National Networks does not require an up-to-date business case or benefit-cost ratio in every development…

A body exercising powers under a Royal Charter may adopt bright-line eligibility criteria and is not subject to a freestanding common-law rule against…

A specialist regulator’s evaluative rating will be unlawful only where it rests on an irrational assessment, material error of fact, or procedural unfairness.…

A high threshold applies where mental illness and suicide risk are relied on to resist extradition. The court must assess the risk in the light of whatever…

Planning authorities must give reasons that are intelligible and adequate to explain how the principal controversial issues were resolved. The reasons need…

A challenge to a planning permission may be brought within time from the date of the permission where an earlier resolution was only preliminary to the grant…

The Full Code Test asks whether a properly directed criminal court is objectively more likely than not to convict. The prosecutor must nevertheless predict a…

For Article 14 purposes, whether groups are in analogous situations is contextual and must be assessed by reference to the measure and its purpose. A…

A judicial review court must respect the wide evaluative judgment entrusted to the primary planning costs decision-maker. Intervention is justified for…

Environmental judicial review claims attract the ordinary public law unreasonableness standard, but the intensity of scrutiny is context-sensitive. An Aarhus…

A certificate of inadequacy under Criminal Justice Act 1988, section 83, requires the applicant to prove on the balance of probabilities that his realisable…

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

Before admitting critical hearsay evidence under the res gestae exception, the prosecution and court should establish whether the witness is willing to attend…

A sponsor-licence revocation decision is reviewed for legal error and rationality, not on its merits. The sponsor bears the evidential burden of showing…

The Secretary of State is the primary decision-maker on the categorisation and transfer of prisoners. The Secretary of State may reject a Parole Board…

In environmental impact assessment, the significance of greenhouse-gas emissions may be assessed by reference to applicable national policy, including the…

In private statutory-nuisance proceedings, an incorrectly issued civil summons may be a nullity without invalidating the correctly laid information seeking a…

A statutory review of a planning decision may succeed where an Inspector misapplies future legislation, fails to give an intelligible planning balance, departs…

In a planning judgment, the court confirmed that the weight given to material considerations is ordinarily a matter of planning judgment, subject to public law…

A local housing authority discharges its duty under section 190(2)(a) of the Housing Act 1996 only by securing accommodation suitable for the applicant and…

A restocking notice under section 17A of the Forestry Act 1967 must be determined lawfully and proportionately, having regard to the statutory forestry…

Under section 141B(1)(a) of the Education Act 2002, “unacceptable professional conduct” and conduct that may bring the teaching profession into disrepute are…

Freedom of expression protects robust, polemical and unpopular broadcasting, but it does not create a right to mislead audiences. Under the Ofcom Broadcasting…

The statutory good-character requirement for registration as a British citizen applies to adults and young persons in mandatory terms. It requires an…

Under section 13 of the Coroners Act 1988, the court may order a fresh inquest where new facts or evidence make a further investigation necessary or desirable…

A complaint outcome issued by the Office of the Independent Adjudicator is a discrete decision on the merits, distinct from later recommendations. A claimant…

An appeal from a professional disciplinary decision under section 15 of the Farriers (Registration) Act 1975 is by way of review. The court may intervene where…

A Crown Court may impose or vary bail conditions when circumstances change, even where the defendant has previously complied with unconditional bail. The…

In extradition proceedings, the court may consider authenticated supplementary material from the requesting state when determining whether the request…

“Appropriate redress” under Armed Forces Act 2006 may include post-discharge and post-resignation financial losses. The statutory scheme does not confine…

Under section 13 of the Coroners Act 1988, a fresh inquest may be ordered where new evidence makes this necessary or desirable in the interests of justice. A…

A local housing authority must assess housing needs through a genuinely individualised and holistic process. It must consider the location of accommodation and…

Lawful implementation of planning permission requires material operations to be carried out in accordance with the permission and to be more than de minimis.…

For judicial review purposes, a coroner for a Welsh local-authority area is not a “Welsh public body” under Civil Procedure Rules 1998, rule 7.1A. Venue is…

In an extradition appeal based on fresh evidence, the court must determine Article 8 proportionality de novo on the material as it stands at the appeal. There…

Judicial review of an ARAP decision is concerned with legality, rationality and fairness, not with re-taking the underlying relocation decision. A challenge…

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

Judicial review of a prosecutorial decision is available only on conventional public-law grounds, including unlawful policy, failure to follow lawful policy…

Under section 62 of the Medicines Act 1968, Ministers may prohibit the supply of medicines where this appears necessary in the interests of safety. The…

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

Section 127(1)(a) of the Communications Act 2003 criminalises the use of a public electronic communications network to send a message which is objectively…

For Community Infrastructure Levy purposes, the statutory meaning of building is not enlarged by the broad purpose of the levy or by the wider definition in…

In a planning statutory review, a clerical contradiction in a decision letter will not justify permission where the decision read as a whole shows the lawful…

In extradition proceedings, an issue is raised at the extradition hearing where the requested person has made clear that the issue arises and the court has…

The question whether a proposal accords with a development plan is not a purely linguistic exercise. The decision-maker must assess the plan as a whole…

On a statutory appeal from a professional disciplinary tribunal, the appellate court should be slow to interfere with primary factual findings based on witness…

Freedom of thought, conscience, religion and expression protects a teacher’s beliefs, including gender-critical and religious views about same-sex…

In an age-assessment judicial review, conventional public-law grounds may be subsumed by the underlying factual question. A local authority need only make such…

Permission to appeal in a judicial review concerning family reunion rights for child refugees was refused. A decision not to review relevant Immigration Rules…

For extradition based on a conviction, the requesting judicial authority must establish to the criminal standard that Extradition Act 2003, section 20 does not…

Custody following remission of an either-way case from the Crown Court to the magistrates’ court remains subject to a statutory custody time limit. The…

Under Practice Direction 54C, the general expectation is that a judicial review claim is administered and determined in the region with which the claim has the…

On an appeal from a professional disciplinary panel, the High Court may review whether the decision was wrong or unjust because of a serious procedural or…

A public authority applying an accommodation-allocation policy must genuinely consider the applicant’s individual circumstances and needs. A policy must guide…

In challenges to school inspection reports, procedural fairness and the duty to give reasons are context-specific. A school must receive the gist of the…

Issue estoppel can apply in public law where a judicial tribunal has finally determined an issue between the same parties and that issue was necessary to its…

The discretion under section 3(1) of the British Nationality Act 1981 is open-ended. The Secretary of State may adopt guidance identifying matters normally…

In a planning challenge involving protected habitats, the competent authority must apply the requirements of regulation 63 of the Conservation of Habitats and…

On an appeal against extradition, the High Court’s role is one of review. It must decide whether the requested person has shown that the extradition judge…

A Crown Court may issue a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 during confiscation proceedings.…

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

The discretion to revoke an Academy Order must be exercised lawfully, but the statutory default is that an inadequately rated maintained school should proceed…

Costs in judicial review proceedings remain a matter for the court’s discretion. The usual event-based approach does not create hard and fast rules for the…

Licensing hearings under the Licensing Act 2003 and the Licensing Act (Hearings) Regulations 2005 may, in principle, be held remotely in England. “Hearing” can…

Procedural fairness in police crime-recording decisions is context dependent. Where recording an alleged offence may seriously affect a person’s private life…

In an Article 8 extradition appeal, the public interest in extradition carries great weight, although its weight varies with the nature and seriousness of the…

At the close of the prosecution case, magistrates must apply the Galbraith case-to-answer test. They must consider the prosecution evidence at its highest and…

A Practice Direction governing the venue of judicial review proceedings must be interpreted and applied consistently with the overriding objective. Its…

On an appeal against an extradition decision, the court must conduct the Article 8 ECHR proportionality balance afresh where material developments have…

A judicial review court assesses the legality of an immigration decision on the material available to the decision-maker when the decision was made. Later…

For planning consultation purposes, “adjoining” land is not limited to land sharing a boundary. It includes land that is very near to, or lies close to, the…

On an appeal under section 40 of the Medical Act 1983, the High Court should respect the tribunal’s advantage in hearing live evidence and interfere with…

A Rule 39 indication is binding on the United Kingdom in international law. Deliberate non-compliance in the stated Rwanda-removal scenario would clearly…

A statutory criminal-injuries compensation scheme may draw bright-line distinctions between victims, dependants and other relatives. Article 14 requires a…

A Minister’s duty to have due regard to environmental principles requires consideration of the relevant policy statement in substance, with rigour and with an…

The High Court’s jurisdiction under section 41A(10) of the Medical Act 1983 is original, not judicial-review jurisdiction. The court must decide whether the…

In planning decisions, a comparison with an alternative scheme is not ordinarily mandatory. It becomes a mandatory material consideration where the particular…

A Reasonable Grounds decision under the National Referral Mechanism must apply the low threshold of reasonable suspicion and address all relevant evidence and…

A judge’s prior legal opinion, judicial decision, employment background or instructions for a party will not ordinarily establish apparent bias. The question…

A claim falls within Article 9(3) of the Aarhus Convention where the challenged act or omission contravenes national law having a sufficiently close connection…

When setting the minimum term for a life prisoner transferred to England and Wales, the High Court must first assess the term that would have been imposed…

In an extradition case, a subsequent human-rights appeal may be treated as a dual application where the statutory human-rights route does not encompass every…

Permission for judicial review should be granted where pleaded errors in the assessment of environmental consequences are properly arguable. This includes…

A sponsor’s breach of mandatory sponsorship requirements does not remove the Secretary of State’s residual discretion, but the discretion need not be addressed…

When physical disability is relied on under section 25 of the Extradition Act 2003, the court must adopt an intensely fact-specific approach. It must identify…

In a conviction extradition appeal, the court’s task is confined to the grounds on which permission to appeal was granted. Article 8 proportionality requires…

The Money Laundering Regulations adopt a risk-based framework. They leave the nature and extent of enhanced due diligence to professional judgment, subject to…

Section 16A of the Prosecution of Offences Act 1985 excludes recovery from central funds of an accused’s legal costs unless a specified condition applies. The…

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

Immigration detention may be used only for the purpose of effecting or ensuring deportation. It must not be used, even partly, for an auxiliary purpose such as…

The Secretary of State is the primary decision-maker on transfer to open prison conditions and may lawfully depart from a Parole Board recommendation, provided…

Judicial review is ordinarily a remedy of last resort where Parliament has provided a suitable statutory remedy. An application under section 303 Z4 of the…

A substantive legitimate expectation requires a clear, unambiguous and unqualified representation. A detailed governmental policy plan may instead generate a…

Under section 14 of the Extradition Act 2003, the passage of time alone rarely makes extradition oppressive. The court must focus on the consequences of the…

Code D does not require an identification procedure merely because a suspect is known and named. The obligation arises when the suspect disputes identity…

A general governmental policy of long-term support does not create a substantive legitimate expectation that funding will continue unless exceptional…

On an appeal concerning fresh evidence, the appellant must show that the evidence was unavailable, or could not reasonably have been obtained, at the…

The statutory move-on period for a newly recognised refugee is governed by the interaction between the Immigration and Asylum Act 1999 and the Asylum Support…

For a criminal cause or matter, certification for a Supreme Court appeal requires a point of law of general public importance and a case which ought to be…

Procedural fairness requires the Parole Board to hold an oral hearing where fairness, assessed in light of the facts and the importance of what is at stake…

In an extradition appeal under the Extradition Act 2003, the appellate court must decide whether the district judge was wrong. It may intervene where crucial…

An appeal under section 40 of the Medical Act 1983 is a rehearing, but the court must give appropriate weight to the specialist tribunal’s factual and…

The duty to make reasonable adjustments is assessed objectively and contextually. A public authority may discharge the duty by providing reasonable alternative…

Permission to appeal in extradition proceedings requires a reasonably arguable ground. A finding that the requested person left the requesting state as a…

For dual criminality, the court compares the legal ingredients of the requesting state’s offences with the corresponding domestic offences. Where the…

In an extradition appeal based on prison conditions, general evidence of overcrowding does not by itself trigger a need for further information or assurances…

In extradition proceedings, serious offending, fugitivity and the public interest may retain substantial weight despite the passage of time and the requested…

An extradition appeal based on Article 8 ECHR will fail where the strong public interest in extradition decisively outweighs private and family life…

The misconduct regime for police officers does not apply to conduct occurring before the person became a police officer. However, attestation may engage an…

On judicial review of a Financial Ombudsman Service decision, factual issues remain primarily for the Ombudsman, but questions of law and construction are for…

On a High Court extradition appeal involving Article 8 rights, the court must evaluate proportionality afresh on the evidence currently available. It may…

A Cycling and Walking Investment Strategy under section 21 of the Infrastructure Act 2015 is an investment strategy, not a fixed programme of works. The…

In an extradition Article 8 proportionality assessment, the court must weigh all relevant factors in the round. Passage of time may strengthen protected…

In determining whether amalgamating dwellings amounts to a material change of use, the decision-maker must assess whether the change alters the character of…

A person holding a pedlar’s certificate may trade on a regulated street without a local-authority street-trading licence only while acting as a pedlar under…

For dual criminality under Part 2 of the Extradition Act 2003, the court applies a conduct test, but each count must individually disclose conduct amounting to…

Applications to exclude funds from a property freezing order for legal expenses require a fact-sensitive assessment of the order’s breadth and the availability…

The High Court may permit cross-court set-off between a county court damages judgment and a High Court costs order. The governing question is whether set-off…

Section 3C of the Immigration Act 1971 preserves both lawful residence and the associated rights and entitlements enjoyed during the preceding limited leave.…

A prosecution is not ordinarily an abuse of process merely because it relies on admissible res gestae evidence from a complainant whom the prosecution does not…

In an extradition case engaging Article 8 of the ECHR, ordinary financial and emotional disruption to family life, including the impact on young children, will…

In extradition proceedings, the inevitable inference test applies where the foreign offence lacks an ingredient essential to criminal liability under English…

In the context of local-authority care-home fee setting, conventional judicial-review principles apply where market sustainability is legally relevant, even…

A claimant cannot obtain oral reconsideration in the High Court of a paper refusal of permission for judicial review of an Upper Tribunal refusal of permission…

On a repeat bail application in extradition proceedings, the High Court may reconsider the merits. The Bail Act 1976 does not impose a rigid jurisdictional bar…

In an extradition case, Article 8 ECHR will not prevent extradition where the offences are serious and the public interest in prosecution decisively outweighs…

A local authority’s duty under section 20 of the Children Act 1989 to accommodate and look after newly arrived unaccompanied asylum-seeking children is…

A public authority deciding how to allocate finite funds in an economic and social policy scheme may use a reasonable proxy for identifying those in need. The…

In an extradition appeal, the wider double-jeopardy bar applies where the requested conduct is founded on the same or substantially the same facts as conduct…

Delay in making a conclusive grounds decision under the National Referral Mechanism must be reasonable in its legal and practical context. The duty to decide…

An appeal from the Valuation Tribunal for England to the High Court under regulation 43 of the VTE Regulations lies on a question of law only. It is not a…

Exceptional case funding under Legal Aid Sentencing and Punishment of Offenders Act 2012 is not subject to a general discretion. The discretion under section…

In an extradition appeal involving Article 8 ECHR, the appellate court must assess whether the overall proportionality decision was wrong. A first-instance…

Regulatory enforcement must secure compliance with the law, but a regulator may adopt a proportionate policy governing how compliance is achieved. It may…

A breach of a planning committee’s speaking procedure does not automatically invalidate the decision. The claimant must establish material prejudice. A council…

A sponsor-licence revocation decision must comply with procedural fairness, including the Secretary of State’s published procedure and any clear procedural…

Applications for witness summonses in extradition proceedings require material that is genuinely likely to constitute material evidence. The forum bar does not…

In a statutory planning challenge, service of the sealed claim form must be completed within the statutory period. An unsealed claim form does not constitute…

General planning control under the Town and Country Planning Act 1990 extends to land within a local planning authority’s area, including the foreshore, but…

In a statutory nuisance case involving noise, the court must first decide whether the interference exceeds the objective threshold of substantiality. The…

A decision-maker may reject a Parole Board recommendation to transfer a prisoner to open conditions, because the decision remains his responsibility. He must…

Under regulation 63 of the Conservation of Habitats and Species Regulations 2017, an appropriate assessment is distinct from the competent authority’s decision…

An appeal from a Medical Practitioners Tribunal is a rehearing, but intervention remains governed by the statutory appellate test. The court must respect the…

In assessing carbon emissions from a nationally significant infrastructure project, the decision-maker may use professional judgment to determine whether the…

Unlawful executive interference with the Parole Board’s judicial functions may vitiate an individual parole decision where it bears on and is relevant to the…

Where a public authority has unlawfully failed to consult, relief must be refused under section 31(2A) of the Senior Courts Act 1981 only if the authority…

In an extradition case, the presumption that a designated territory will comply with the European Convention on Human Rights may be rebutted only by clear and…

Under regulation 14(a)(vii) of the Town and Country Planning (Tree Preservation) (England) Regulations 2012, protected trees may be cut down without separate…

Where a taxpayer challenges whether a dwelling is chargeable, whether they are liable for council tax, or the amount payable, the statutory route is an appeal…

In proceedings for breach of a planning enforcement notice, the statutory protection for an unserved pre-existing landowner is a gateway to the statutory…

When deciding whether to issue a summons, a magistrates’ court must exercise its judicial discretion by asking whether the case is proper in all the…

The statutory expression serious disruption sets a relatively high threshold for police intervention in public processions and assemblies. A Henry VIII power…

In an extradition human-rights appeal, the court must assess the evidence through the legal prism of Extradition Act 2003 section 91 and Article 3. Fitness to…

A local authority may use its general power under section 123 of the Local Government Act 1972 to grant a lease of public open space, provided it complies with…

An inspector’s reasons for concluding that a transport model is fit for purpose need not reproduce every representation or item of evidence. They must make…

A magistrates’ court must consider a protected person’s opinion when deciding whether to make a domestic violence protection order, but may make the order…

On a statutory appeal under section 40 of the Medical Act 1983, the court may rehear the issue of current impairment and substitute its own assessment where…

Fresh evidence on an extradition appeal is admissible only where it was unavailable at the extradition hearing despite reasonable diligence and would have been…

In an extradition case engaging Article 8 rights, the court must assess the real impact of extradition on affected family members while making findings on the…

In an extradition appeal based on Article 8, the Administrative Court will not determine an unresolved entitlement under the requesting state’s domestic law.…

Permission to appeal should be refused where there is no realistic prospect that the substantive decision will be overturned. In assessing that prospect, the…

In an extradition appeal under Article 8, a strong private life in the United Kingdom may support a viable appeal, even where the person acted fugitively. Its…

Paragraph 81 of the National Planning Policy Framework 2021 does not require significant weight to be given to every economic benefit arising from every…

In an extradition appeal involving dependent children, the court must conduct a fresh article 8 proportionality assessment where material circumstances have…

A public authority must comply with its published policy requiring periodic review of an electronic monitoring condition, absent good reason to depart from it.…

Under s.13 of the Coroner’s Act 1988, a fresh inquest may be ordered where it is necessary or desirable in the interests of justice. Fresh evidence need not…

An extradition appeal may be reopened only where the circumstances are exceptional, there is a real risk of real injustice, and reopening is necessary to…

On a bail appeal under Bail (Amendment) Act 1993, the court must consider bail afresh by way of rehearing. In an accusation case, the starting point is a…

In extradition proceedings, fugitivity may make a passage-of-time objection under section 14 unavailable and may substantially reduce the weight of delay in…

In deciding whether to grant permission to appeal in an extradition case, the court will not project the likely period of qualifying remand forward to a…

Legislation creating criminal and seizure powers concerning unauthorised encampments may disproportionately disadvantage Gypsies, but that disadvantage can be…

A Police Appeals Tribunal applies a statutory appeal standard that is less stringent than Wednesbury unreasonableness, but it must not substitute its own view…

In exercising the discretion to aggregate dwellings under article 4 of the Council Tax (Chargeable Dwellings) Order 1992, a listing officer must consider all…

For the Disguised Remuneration Repayment Scheme, “reasonable disclosure” is exhaustively defined by section 20 of the Finance Act 2020. The relevant…

Permission for judicial review may be granted on a narrowly arguable statutory ultra vires ground even where other challenges are barred by an alternative…

A judicial review claim may become academic where a later decision supersedes the decision challenged and a quashing order would have no practical effect. The…

On a statutory appeal from a medical practitioners tribunal, the High Court conducts the prescribed rehearing by re-analysing the evidence, while recognising…

An appeal under the Nursing and Midwifery Order 2001 is appellate rather than supervisory. The court may substitute its own decision, but should respect the…

Service of an immigration notice by email is subject to a rebuttable presumption that it was given when sent. The presumption may be rebutted by convincing…

On an appeal under the Extradition Act 2003, the High Court asks whether the district judge’s decision was wrong, rather than conducting a rehearing or…

At the permission or renewal stage of judicial review, the court has a broad discretion to award costs of attendance where exceptional circumstances exist.…

A Legal Ombudsman may dismiss a complaint in whole or in part under its scheme rules where the complaint, or its central issue, is better suited to…

In a renewed application for permission to appeal an extradition order, the court must identify an arguable error in the lower court’s application of Article 8…

Planning permission must be interpreted objectively by asking what a reasonable reader would understand from the words used, read in their context and with…

When deciding whether a post-tariff indeterminate sentence prisoner should receive an oral Parole Board hearing, the question is whether fairness requires one…

The phrase “just and equitable” in regulation 7(2) of the Armed Forces (Service Complaints) Regulations 2015 confers a broad discretion on the Ombudsman to…

An application for a certificate of inadequacy under section 83 of the Criminal Justice Act 1988 requires the applicant to prove, on the balance of…

On an application for summary judgment concerning a statutory challenge to a traffic regulation order, the court must distinguish between a genuinely realistic…

On a statutory review of a planning appeal, the High Court exercises a limited supervisory jurisdiction. It may correct legal error, irrationality, failure to…

A reasons challenge requires the claimant to show genuine substantial prejudice caused by inadequate reasoning. Where the disputed issue is one of law, a…

Under sections 13 and 14 of the Climate Change Act 2008, the Secretary of State must personally assess whether policies will enable carbon budgets to be met.…

When determining a prior-approval application for electronic communications equipment, a local planning authority must consider all material planning…

In an extradition appeal under article 8 of the Convention, proportionality requires a fact-sensitive balance between the very high public interest in…

In an extradition appeal, an Article 3 challenge based on risks from non-state agents requires evidence of an arguable gap in the requested person’s…

Extradition proceedings do not provide a further appeal against the safety of a foreign conviction. Resistance based on an alleged unfair trial requires…

Certification for an appeal under section 32(4) of the Extradition Act 2003 requires a point of law which was involved in the decision and is of general public…

Statutory modern-slavery guidance must be understood and followed by the Secretary of State unless there are carefully formulated, reasonable grounds for…

In a planning judicial review, the court will not substitute its own planning judgment for that of the decision-maker. Whether replacement community facilities…

For extradition following a conviction in absence, the requesting judicial authority must prove to the criminal standard that the requested person…

The power to require re-investigation under section 13B(2) of the Police Reform Act 2002 must be exercised according to the IOPC’s published policy. Under…

A longstanding immigration rule may be challenged by judicial review through the decision that created or maintained it, provided the claim is properly brought…

A public authority which consults before making a decision must conduct a genuine and fair consultation and conscientiously take account of the responses. The…

On an appeal against extradition, the court must decide whether the extradition judge’s decision was wrong, focusing on the proportionality outcome rather than…

Judicial independence protects a judicial act done in good faith, even where the decision contains an error of judgment. It does not protect a failure to act…

Judicial review proceedings involving a special advocate should, in principle, be administered from London under CPR PD54C, because specialist arrangements…

In a challenge under Town and Country Planning Act 1990 section 288, the court upheld an inspector’s planning judgment. A decision-maker must determine whether…

A notice under section 24 of the Land Drainage Act 1991 must be read objectively, as a whole and in context. It must state requirements clearly enough for the…

Where sensitive material is necessary to discharge a public authority’s duty of candour, the court may permit a closed material application under section 6 of…

Ofsted’s evaluative judgment may be challenged where it rests on a material error of law or an irrational assessment. An inspection may begin with an erroneous…

Under section 13 of the Coroners Act 1988, the High Court may quash an inquest determination or finding and order a further investigation where fresh evidence…

For judicial review proceedings, the appropriate regional venue is generally the region with which the claim has its closest connection. The court may consider…

Identically worded statutory conditions for warrants should generally receive the same construction, whether the premises are business or domestic premises.…

Where Government action under the prerogative responds to an exceptional risk to life, the absence of a statutory discretion does not prevent judicial review…

Judicial review of a Legal Ombudsman decision is concerned with lawfulness, not with a rehearing of the underlying complaint. The court will be slow to…

A voluntary, non-statutory service-complaint scheme operated by a body exercising statutory quasi-judicial functions is not necessarily amenable to judicial…

Recall of a prisoner on licence requires reasonable grounds for believing that a licence condition has been breached and a conclusion that recall is necessary…

In an application for judicial review of search warrants issued to assist foreign criminal investigations, the statutory tests for using a warrant rather than…

A defendant convicted by a magistrates’ court may choose between an appeal to the Crown Court by way of rehearing and an appeal to the High Court by way of…

When deciding whether to destroy a dog under the Dangerous Dogs Act 1991, the court must consider the dog’s temperament and past behaviour, the fitness of the…

Article 9 does not confer an absolute right to manifest religion at any chosen time and place. Where a pupil has accepted a school’s regime and has a genuine…

A prosecution for breach of statutory byelaws or harbourmaster’s directions may be brought summarily without first issuing a fixed penalty notice. A byelaw…

An interim suspension order may be extended where continuation is necessary for public protection, public confidence and the public interest, assessed through…

When considering an application to extend an interim suspension order, the court should not determine the underlying facts. It may, however, take account of…

The statutory procedure governing a prosecution appeal against the grant of bail must be strictly followed because it protects personal liberty and promotes…

In an Article 8 extradition appeal, delay is not a freestanding factor. The court must examine its effect on the public interest in extradition and on the…

Under the Homelessness (Suitability of Accommodation) (England) Order 2003, B&B accommodation is deemed unsuitable for an applicant with family commitments…

A change from an individualised immigration route to a bespoke policy does not, without more, establish that the former route was irrational or unlawful. A…

Accommodation provided by a local authority to a tenant under a social housing allocation is ordinarily managed as premises under Part 4 of the Equality Act…

When reviewing a Parole Board recommendation for transfer to open conditions, the Secretary of State is not bound by the recommendation but must take it into…

Procedural fairness in a planning application is assessed in the statutory and factual context. A procedure designed for speed and written representations may…

A housing allocation policy may indirectly discriminate where it effectively imposes a residence requirement that disadvantages women fleeing violence, because…

In an extradition appeal, the court will not interfere with an evaluative decision unless the overall assessment was wrong or a crucial factor should have been…

For an Article 2 investigative duty to arise, it must be credible, on the available evidence, that a public authority owed and arguably breached an Article 2…

There is no freestanding judicial function to determine whether a person is fit to fly for extradition. The Court must assess the proposed transfer through the…

In an accusation extradition case, the statutory human-rights and proportionality questions are separate, but overlapping. A judge may consider domestic…

Disability-related expenditure (“DRE”) is not confined to expenditure identified in a statutory care plan or necessary for the provision of care and support.…

When the Secretary of State departs from a Parole Board recommendation about transfer to open prison conditions, the court reviews the Secretary of State’s…

A judicial review claim challenging a county court charging order will ordinarily be refused where the claimant had an adequate statutory remedy, including an…

Under Senior Courts Act 1981, s 42, the court may make an all proceedings order where the statutory pattern of habitual and persistent vexatious civil…

Documents recording a statutory blood-sampling procedure may be admissible as exhibits where the officer’s written statement identifies them and they are…

A local authority’s power to charge for adult social care is discretionary and must be exercised consistently with ordinary public law principles, the…

Under the Extradition Act 2003, extradition proceedings are governed by an exhaustive statutory code. An unincorporated extradition treaty does not create…

Judicial review claims should ordinarily be dealt with at the regional Administrative Court venue most closely connected with them. A claimant’s complaints…

Where parties agree that a judicial review claim should be discontinued, the court may nevertheless issue a brief judgment recording the agreed order where…

On a statutory appeal concerning professional discipline, the High Court may intervene where a regulatory panel’s sanction is wrong or unjust because of a…

An appellate court reviewing a professional disciplinary tribunal must respect the tribunal’s role as primary fact-finder. It should be slow to interfere with…

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

Judicial review of a decision to offer no evidence may be sought without first exhausting the Victims’ Right to Review scheme where that review would occur…

Escape-risk classification is subject to ordinary public-law rationality review. There is no heightened standard of “super-irrationality”, although the court…

In a statutory review of a planning appeal concerning inappropriate traveller-site development in the Green Belt, the court held that the very special…

Acceptance of the main housing duty under section 193 of the Housing Act 1996 continues until it is validly ended through a statutory route. Where a local…

In Category A prison reviews, procedural fairness does not ordinarily require an oral hearing. The decision-maker must assess each case on its facts, applying…

On quashing a public decision, the court may remit the matter with directions necessary to secure a lawful and fair reconsideration. The direction may require…

The Hamid jurisdiction enables the court to regulate its procedures and enforce the duties owed to it by legal professionals. It applies across all types of…

For human trafficking, the relevant acts, means and purpose of exploitation must be considered together. Actual exploitation need not have occurred. The…

Interim relief in judicial review is governed by the American Cyanamid principles, modified as appropriate for public law. The claimant must show a serious…

At the permission stage of judicial review, the court decides only whether the claim is arguable with a realistic prospect of success. An arguable defence by…

The state bears the burden of justifying a prisoner’s continued detention. Once the lawful basis for detention ends, the prisoner must be released without…

Voluntary public consultation attracts the Gunning requirements only where, in substance, the public authority proposes a sufficiently specific decision which…

An appellate court reviewing an extradition decision must determine whether the lower judge ought to have answered a statutory question differently and, if so…

Permission to reopen an extradition appeal may be granted under rule 50.27 where exceptional circumstances create a real risk of injustice, the issue has been…

In determining whether a food is novel, the decision-maker must assess whether it was used for human consumption to a significant degree before the statutory…

In extradition proceedings to a category 2 territory, treaty-based specialty arrangements may satisfy the statutory requirement where the treaty, read as a…

A statutory consultation must be conducted when the decision remains open and must provide sufficient information for intelligent and informed responses. Where…

A renewed application for permission to appeal under the extradition procedure may rely solely on a ground not previously pleaded, provided that the renewal…

On a renewed application for permission to appeal in extradition proceedings, a proposed ground alleging violations of fundamental rights should not be…

A systemic judicial review claim should generally be decided only where there are exceptional reasons to determine an academic issue and the issue is not…

A local authority may depart from a specialist tribunal’s non-binding social-care recommendation, but it must give cogent reasons and undertake a lawful…

On an appeal against a professional disciplinary sanction, the High Court must correct legal or material factual errors and serious procedural irregularity…

A review by the Independent Office for Police Conduct is not a re-investigation. It examines whether the police complaint outcome was reasonable and…

On a review of a definitive map under the Wildlife and Countryside Act 1981, the existing recorded route is presumed to be correct, but that presumption is…

The court may restrain an electoral process before the vote only in exceptional circumstances. Such circumstances arise where the process would produce an…

In an age-assessment judicial review, the permission-stage question for interim relief is whether the evidence, taken at its highest, raises a factual case…

For venue purposes, an administrative claim is most closely connected with the region having the strongest overall geographical connection to the challenged…

A statutory extradition appeal cannot ordinarily be used to challenge an interlocutory remittal decision where a successful challenge would lead only to…

An appeal from the Valuation Tribunal for England lies to the High Court only on a question of law. It is not a rehearing on valuation merits or factual…

Where material has been seized under an unlawful search warrant, the High Court retains discretion over the relief to grant. It may permit the law-enforcement…

The realistic prospect test for referring fitness-to-practise allegations has two limbs. First, there must be a realistic prospect that the alleged facts will…

Where legislation permits prosecution within six months of the prosecutor obtaining evidence sufficient to justify proceedings, the relevant question is…

A government resettlement scheme may be introduced incrementally where its wider operation remains work in progress. A stated aspiration does not necessarily…

An appeal under Solicitors Act 1974 s.49 is by way of review. The appellate court may intervene where the tribunal was wrong in law, fact or discretion, or…

A Zambrano right to reside is excluded by an actual grant of leave to remain under another immigration route. A realistic prospect of obtaining such leave does…

A judicial or quasi-judicial body which remains neutral in judicial review proceedings is not ordinarily an unsuccessful party for costs purposes. The court…

A property freezing order under Part 5 of the Proceeds of Crime Act 2002 requires a good arguable case that the property is recoverable or associated property.…

On a case stated appeal, a magistrates’ court commits a material error of law if it applies the criminal burden and standard of proof to a statutory defence…

On an appeal under section 289 of the Town and Country Planning Act 1990, the High Court will intervene only for an error of law, applying grounds…

Judicial review examines the lawfulness, rationality and procedural fairness of the decision under challenge. It is not an appeal and does not provide an…

A local authority may adopt a firm policy that an expired hackney carriage vehicle licence cannot be retained indefinitely for possible future renewal. The…

At the permission stage of an age-assessment judicial review, the central question is whether the claimant’s age, assessed objectively on all relevant and…

In extradition cases, fugitivity does not automatically exclude consideration of Article 8, but it is a powerful factor in assessing the effect of delay. Delay…

In an extradition appeal involving Article 8, the court must reassess proportionality where material circumstances have changed, but it must do so standing on…

Activation of a previously suspended custodial sentence ordinarily falls within Article 5(1)(a) of the ECHR and does not engage Article 5(4), even where a…

The meaning of the Afghan Relocations and Assistance Policy is an objective question for the court. The policy must be read naturally, as a whole, and in…

A planning decision-maker must interpret policy according to its wording. General encouragement to reuse existing resources does not create a presumption…

In assessing a surgeon’s post-operative duty, the court must consider the clinical context, including the nature of the procedure, the patient’s risks, and any…

Apparent bias is determined by asking whether a fair-minded and informed observer would conclude that there was a real possibility or real danger of bias. The…

Protection afforded by paragraph 176 of the National Planning Policy Framework to development within the setting of an Area of Outstanding Natural Beauty…

A local authority’s duty to secure the special educational provision specified in an EHCP is absolute and non-delegable. Financial, recruitment and other…

A local planning authority which receives a valid application for approval of details required by a planning condition generally has a continuing duty to…

A Secretary of State may lawfully depart from a Parole Board recommendation to transfer a prisoner to open conditions where the recommendation concerns an…

On an adjournment application in judicial review proceedings, the court must determine what the interests of justice require in the circumstances of the case.…

In an extradition case engaging Article 8 ECHR, the interference with private and family life must be balanced against the public interest in extradition.…

In an extradition case, delay must be assessed in its factual context. Deliberate fugitivity, particularly where the person knew of the proceedings and was…

Permission to appeal an extradition order will be refused where the lower court has carefully assessed the affected Article 8 rights and the strong public…

A judicial review claim becomes academic where determining it would not affect the parties’ rights or obligations and would confer, at most, a negligible…

A public authority’s policy or established practice may be justiciable even where it concerns national security and the Royal Prerogative. The duty to follow…

For an extradition appeal, the statutory period for giving notice under section 26(4) of the Extradition Act 2003 runs for seven calendar days up to midnight…

A Crown Court’s power to vary or revoke a case-management direction is not confined by the grounds on which a party may apply for variation. Under rule 5A of…

On an appeal concerning proportionality under article 8, the appellate court should not interfere merely because it entertains doubts about the first-instance…

Specialty is not infringed merely because a requesting state imposed one aggregate sentence for extraditable and non-extraditable offences. The requested…

In extradition proceedings, the passage of time does not materially weaken the public interest where proceedings have been pursued promptly and the requested…

Permission to appeal in an extradition case requires a reasonably arguable ground capable of demonstrating that the first-instance decision involved a wrong…

In closed-material judicial review proceedings, open versions of documents must be presented in a form that does not mislead claimants about their provenance…

A general dissolution of a partnership does not automatically terminate a General Medical Services contract where the contract provides that it is made with…

A planning decision may be quashed for material error of fact where the decision-maker misunderstood an existing, objectively verifiable fact, the claimant was…

In a statutory planning review, the meaning of a development plan policy is determined from its ordinary and natural language, read as a whole. A policy…

A planning permission must be interpreted by its natural and ordinary meaning in its statutory and factual context. Where a condition requires development in…

In extradition proceedings, a person is a fugitive where he knowingly places himself beyond the reach of the requesting state’s authorities, including by…

In assessing proportionality under article 8 in an extradition case, the passage of time may diminish the public interest in extradition, but only where the…

The statutory purpose of sanctions designation is furthered where a person satisfies the prescribed criteria, including association with an involved person.…

A planning inspector’s report under the Planning and Compulsory Purchase Act 2004 may be amenable to judicial review before formal plan adoption where the…

In a parole review, the question whether fairness requires an oral hearing is distinct from the prospects of release. The Parole Board must consider the facts…

A Record of Inquest may be amended by the High Court on judicial review where the existing wording does not accurately reflect the coroner’s evidence-based…

In a redetermination of a development consent order application, fairness does not ordinarily require the statutory examination to be reopened after an earlier…

Article 2 does not require every investigation into a near suicide causing life-changing injury to begin as a public inquiry with compulsory powers. The…

Judicial review of decisions under the Afghan Relocation and Assistance Policy requires the court to distinguish legal questions from evaluative judgments.…

In a statutory planning challenge, the court will respect an inspector’s specialist planning judgment and read the decision letter fairly and as a whole. An…

For a statutory appeal to be brought in time, the appellant must file a compliant appellant’s notice with the required supporting documents and either the…

For dual criminality, the extradition court applies the conduct test: it compares the case formally made against the requested person, as set out in the…

In deciding whether a prisoner should move from closed to open conditions, the Secretary of State is the primary decision-maker and the Parole Board’s…

The flood-risk sequential test is an open-textured planning policy. It asks whether reasonably available sites appropriate for the proposed development exist…

A local housing authority’s duty under Housing Act 1996 s 193(2) is immediate, but suitability disputes will generally be resolved through the statutory review…

A local authority’s assessment under section 17(10)(a) of the Children Act 1989 is subject to judicial review on conventional public-law grounds. The court…

An enforcement notice must be served in accordance with the statutory service provisions, having regard to the identity and known addresses of the persons to…

A sentence of detention during His Majesty’s Pleasure retains its distinctive nature where the offender committed murder under 18, even if sentenced after…

A statutory review of a professional disciplinary order considers the practitioner’s current fitness to practise and whether the order remains necessary. It…

A notice of seizure under Schedule 3 to the Customs and Excise Management Act 1979 is a procedural requirement. It enables the owner to challenge the seizure…

In an extradition case engaging Article 8 ECHR, proportionality must be assessed afresh where qualifying remand materially reduces the sentence remaining to be…

A housing allocation scheme must be interpreted practically and sensibly, having regard to its overall structure and the flexibility required for individual…

The statutory definition of a zombie knife requires an objective assessment of whether the words or images on the knife suggest that it is to be used for…

On an appeal concerning extradition and article 8, the Administrative Court must focus on whether the district judge’s ultimate proportionality decision was…

On a statutory appeal concerning a disciplinary sanction following a serious criminal conviction, the court must assess whether the sanction sufficiently…

A High Court application to discharge a Serious Crime Prevention Order requires a genuine change of circumstances affecting the order. It cannot be used as a…

On a statutory appeal from a Medical Practitioners Tribunal, the High Court must conduct the prescribed rehearing and exercise its own judgment, while giving…

In an extradition appeal, the court does not determine guilt or innocence. It applies the statutory and Convention tests to identify whether extradition is…

At the screening stage, the decision-maker must assess the development as changed or extended and, where appropriate, the project as a whole. That includes…

In an extradition appeal based on Article 8 of the European Convention on Human Rights, the appellate court asks whether the first-instance decision was wrong…

An interim suspension order may be extended where continuation is necessary for public protection and public confidence. The court must assess both necessity…

A planning authority must assess and weigh the effects of a proposed access scheme on existing residents where access, amenity and highway convenience are…

At the permission stage of judicial review, the court should apply the conventional and modest threshold of arguability. A claim should not be dismissed where…

An extension of time for judicial review requires consideration of the broader question whether there is good reason to extend time. Relevant matters include…

A local authority’s allocation functions under Part VI of the Housing Act 1996 do not generally impose a freestanding duty to provide accommodation of a…

A housing needs assessment under section 189A of the Housing Act 1996 must analyse the circumstances causing homelessness and assess the housing needs of the…

A statutory duty to secure criminal legal aid is breached only where the system is inherently defective and will produce unfairness in at least a significant…

An appeal under Dentists Act 1984 is a rehearing, but appropriate weight is given to a specialist disciplinary tribunal’s factual and evaluative conclusions.…

Where Convention rights are engaged in an individual prosecution under section 4A of the Public Order Act 1986, the statutory offence and defence must…

On an application to extend a custody time limit, the question whether the prosecution acted with all due diligence and expedition is fact-sensitive. Judicial…

Under the Criminal Justice Act 1988, property may be realisable even where it is held in a third party’s name, if the evidence establishes that it is…

Where an adult has eligible care and support needs that can be met effectively only in suitable accommodation, the Care Act 2014 may require the local…

A planning condition requiring a management plan to comply with specified recommendations must be interpreted by reference to the condition’s wording and the…

A public authority applying a published discretionary policy must remain willing to consider departure from it. An express request is not always necessary…

A housing allocation scheme may disqualify applicants whose anti-social behaviour is serious enough to make them unsuitable to be tenants, provided the scheme…

For category 4 of the Afghan Relocations and Assistance Policy, an applicant must first establish one of the condition 1 relationships with a UK Government…

A statutory time limit for appealing a professional disciplinary decision may be compatible with Article 6 ECHR where it pursues finality and certainty and is…

On an appeal against an extradition order, the appellate court asks whether the first-instance decision was wrong. Intervention is justified where the judge…

A trial judge may actively clarify evidence, but must not descend into the arena by cross-examining a defendant or appearing to act as a second prosecutor. The…

In an age-assessment judicial review, permission should be refused only where the material, taken at its highest, could not properly succeed at a contested…

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

A public authority must comply with the authoritative interpretation of its published policy unless and until the policy is lawfully amended or the…

In an extradition challenge based on Article 3, a requested person must show strong grounds for believing that surrender would expose them to a real risk of…

A planning permission does not require exact compliance with every detail where the departure is immaterial in the context of the scheme as a whole. Whether a…

Section 104 of the Nationality, Immigration and Asylum Act 2002 contains an exhaustive statutory scheme defining when an appeal is not finally determined.…

A sponsor-licence revocation decision must be reached through a reasoned and fact-sensitive assessment. Published policy describing revocation as mandatory…

An interim suspension order should be extended only for the period that is necessary, justified and proportionate. Where a final hearing is fixed and there is…

Where the state condemns healthy poultry for compulsory slaughter to prevent disease, the statutory right to compensation under paragraph 5(2) of Schedule 3 to…

The discretion to remove a foreign national prisoner under section 260 of the Criminal Justice Act 2003 is not governed by a fixed list of factors. The…

A planning permission for a large, integrated development is not severable merely because it provides for phasing, reserves details for later approval, or…

The Gender Recognition Act 2004 uses “gender” as a binary concept throughout. Its overseas-recognition route does not require recognition of a foreign…

Judicial review of a planning decision concerns legality, not a merits review. Broad noise policies using terms such as “unacceptable”, “appropriate” and…

Procedural fairness requires the Parole Board to consider whether an oral hearing would materially assist its independent assessment of risk and would allow…

Statutory guidance issued under section 59 of the Immigration Act 2016 required detention decisions concerning adults at risk to be made on the available…

In extradition cases engaging Article 3, a Council of Europe member state benefits from a presumption that it will comply with its Convention obligations. The…

The Sanctions and Anti-Money Laundering Act 2018 authorises regulations which may interfere with freedom of expression, where that intention arises by…

Inquests are inquisitorial fact-finding proceedings, not criminal trials. Criminal presumptions and burdens of proof relating to insanity should not be…

On a statutory appeal from a professional disciplinary committee, the court conducts a rehearing by reanalysis of the evidence, rather than a full rehearing of…

Where a prosecutor appeals against the grant of bail, the requirement in section 1(8) of the Bail (Amendment) Act 1993 that the appeal be commenced within 48…

Private conduct may amount to professional misconduct where it is sufficiently serious and has a sufficient impact on public confidence in the individual or…