High Court: Administrative Court judgments, 2025

A judicial review challenge to the Financial Conduct Authority’s decision to publicise an investigation by naming the regulated claims management company was…

For the statutory bar on home detention curfew, a prisoner must both be liable to deportation and have been notified of a decision to make a deportation order.…

An European Investigation Order may validly request evidence which the executing state is expected to obtain and later hold. The Directive does not prevent an…

An application for release of detained cash under section 297 of the Proceeds of Crime Act 2002 need not always be formally expressed, made in writing or…

Licence conditions imposing exclusion zones engage the offender’s and the victim’s family’s rights under Article 8. The assessment is highly fact-sensitive.…

A Treasury licensing power under the Russia sanctions regime is ancillary to the sanctions themselves and must be exercised consistently with the statutory…

An application for a certificate of inadequacy under Criminal Justice Act 1988, s.83, requires the applicant to establish that his realisable property as a…

An appellate court reviewing a Medical Practitioners Tribunal decision must respect primary findings, particularly credibility findings. Intervention is…

An appellate court reviewing professional disciplinary sanction must respect the specialist tribunal’s evaluative judgment. It may interfere only for an error…

On an extradition appeal, fresh evidence is admissible only where it was unavailable at the extradition hearing and would have caused the relevant question to…

For the purposes of statutory nuisance, animal faeces deposited on land by roaming cats may constitute a deposit under section 79(1)(e) of the Environmental…

Mandatory interim relief against a public body requires a strong prima facie case and a balance of convenience assessment. Although the use of public funds…

Whether procedural fairness requires an oral hearing in a prisoner categorisation review is a matter for the court’s own assessment on judicial review. Oral…

Naturalisation is discretionary. An applicant bears the burden of satisfying the Secretary of State that he is of good character, and the Secretary of State…

A purported further homelessness application must be assessed in two stages. First, the authority must decide whether it is an application at all by comparing…

Under an information-exchange provision requiring information to be foreseeably relevant, the requested state must identify a reasonable possibility of…

On a statutory review of a definitive map and statement, the initial presumption is that a recorded right of way exists. That presumption is a presumption…

On an appeal from a professional disciplinary tribunal, the appellate court must respect the tribunal’s advantage in assessing evidence and its professional…

A public order disqualification under section 63 of the Nationality and Borders Act 2022 is an exception to the protection normally available to a potential…

A planning obligation continues to serve a useful purpose where its substantive requirements remain capable of practical fulfilment, even if an agreed part of…

Abuse of process in extradition is a residual jurisdiction requiring a broad, merits-based assessment of all relevant public and private interests. The…

A power to refuse authority to carry under an authority-to-carry scheme made under the Counter-Terrorism and Security Act 2015 must be construed in the…

The Adults at Risk policy requires a practical and properly informed assessment before detention and at each review. That assessment must consider relevant…

A Parole Board deciding whether to hold an oral hearing must assess whether fairness requires oral participation in light of the facts, the issues affecting…

Where a proposed alteration to an authorised development remains fundamentally uncertain, with no firm proposal or sufficiently identifiable design, the…

In planning applications, amendments may be made before determination. Whether fairness requires further consultation is a matter for the planning officer’s…

On an appeal against an extradition order, the court reviews the District Judge’s decision and does not substitute its own view of the overall value judgment…

A communication from a local housing authority is not a reviewable decision merely because it records the authority’s understanding of a claimant’s historical…

A sponsor licence may be revoked under Annex C1(aa) where sponsored workers are paid less than the salary stated on their certificates of sponsorship, the…

Judicial review is a remedy of last resort. Permission should be refused where the claimant has a suitable alternative statutory appeal, particularly where…

A section 47 inquiry under the Children Act 1989 is directed to objectively assessing whether a child is suffering, or is likely to suffer, significant harm.…

In an extradition appeal under the Extradition Act 2003, delay and time spent on curfew may affect the Article 8 proportionality balance. Delay carries less…

On an appeal under the Extradition Act 2003, updated remand time requires a fresh proportionality assessment only if it satisfies the statutory conditions for…

Interim relief in a public-law appeal requires a real, rather than fanciful, prospect of success. Where mandatory relief is sought, a strong prima facie case…

Publicity for a neighbourhood plan is judged by its likely effect, rather than by prescribed methods. The qualifying body has a broad discretion to choose…

An appeal by way of case stated cannot proceed unless the magistrates have stated a case for the High Court’s opinion. Where magistrates refuse to state a…

A local authority deciding whether to transfer publicly operated care homes must base its comparison of in-house and external provision on legally sound…

In determining apparent bias, the court must consider whether a fair-minded and informed observer, having considered the facts in their overall context, would…

Positive obligations under Articles 2 and 8 ECHR must be assessed by reference to the particular facts and the information reasonably available to the public…

A decision to set aside a final direction for release under Parole Board Rules 2019, r. 28A, requires satisfaction of both the interests-of-justice requirement…

In environmental impact assessment, only likely significant environmental effects must be described and assessed. Whether an effect is significant, and whether…

For the purpose of Regulation 4(5)(b) of the Council Tax (Alteration of Lists and Appeals) (England) Regulations 2009, a determination by a predecessor…

In a planning judicial review, the court asks whether the officer’s report, read fairly and as a whole, materially misled the decision-maker on a matter…

A Parole Board decision refusing release is lawful where the Board applies the statutory public-protection test and its conclusion is reasonably available on…

An appellate court reviewing a professional disciplinary sanction must give appropriate deference to the specialist tribunal and must not conduct a…

On an appeal against sanction under the Medical Act 1983, the court conducts a rehearing and may substitute its own decision, while respecting the tribunal’s…

On an appeal against an extradition order, the court must apply the statutory conditions governing appellate intervention. Under Extradition Act 2003, section…

Interim relief in a public-law detention claim is governed by the three-limb American Cyanamid test. The court must consider the serious issue to be tried, the…

Where a requested person leaves a country to avoid serving a valid and immediate custodial sentence, fugitivity may continue despite the later discharge of an…

In a multi-stage consenting process, an appropriate assessment must address adverse effects that are known or sufficiently identifiable at the relevant stage.…

In a statutory planning review, an inspector’s decision is unlawful where it proceeds on a material and objectively verifiable mistake about the location of…

A professional disciplinary panel must treat applicable sanctions guidance as an authoritative steer. It may depart from that guidance, but must give clear…

Published immigration policies must be interpreted according to their objective meaning and applied consistently with their purpose. Under transitional…

An arrest warrant is invalid where, read as a whole, it seeks surrender for a sentence which includes punishment for an offence that is not particularised…

In judicial review of police misconduct proceedings, the lawfulness of a tribunal’s decision is judged by reference to the case advanced at the hearing. A…

A pre-tariff sift for referral to the Parole Board is lawful where it prioritises cases in which there is a provisional basis for concluding that the criteria…

On an application for interim relief to restrain removal, an arguable challenge to a negative reasonable-grounds trafficking decision does not necessarily…

Judicial review of a refusal of permission to appeal is available only in very rare cases. A mere error of law or fact is insufficient. Relief may be granted…

Judicial review claims must be brought promptly. The expiry of the three-month longstop in CPR 54.5(1) does not automatically justify an extension of time.…

A reimbursement decision under section 41B of the Child Support Act 1991 must address whether official error caused the overpayment. Where communications…

A trial judge may raise a no-case submission on the court’s own initiative and, where concerned that the prosecution evidence is insufficient, may be required…

Where an extradition order is quashed on appeal, the High Court may infer a supervisory power to quash a consequential costs order made on the basis of that…

On a statutory review of a planning decision, the court must read the inspector’s decision letter fairly and as a whole. The decision-maker must assess whether…

An appeal under section 40 of the Medical Act 1983 is a rehearing rather than a supervisory review, but the appellant must show that the tribunal’s decision…

In judicial review of planning decisions, the court reviews legality rather than planning merits. A drainage scheme required by a planning condition is not a…

When extending a custody time limit under section 22(3) of the Prosecution of Offences Act 1985, the court must separately establish a cause that is both good…

A provisional position taken by a competent authority during a mutual agreement procedure is not necessarily a final decision. The procedure requires the…

A Police and Crime Commissioner has no power to appoint a temporary chief constable under the general incidental-powers provision in Schedule 1, paragraph 14…

On an appeal in extradition proceedings, fresh evidence must satisfy both requirements identified in Szombathely City Court v Fenyvesi: it could not reasonably…

In judicial review proceedings, a decision is made when a public authority finally adopts its position, not when earlier communications merely indicate…

Administrative Court proceedings should ordinarily be administered and determined in the region with which the claim has the closest connection. The assessment…

A decision to remove a prisoner from association under rule 45 of the Prison Rules 1999 must be made by the governor and must involve consideration of the…

On an appeal under section 21 of the Extradition Act 2003, the appellate court asks whether the district judge’s proportionality decision was wrong, rather…

On judicial review, the court should not substitute its assessment for that of an experienced police misconduct panel. The question is whether the sanction was…

A tribunal reviewing a doctor’s continuing suspension must assess the evidence afresh. An earlier finding of insight does not determine the outcome of a later…

In an Article 2 inquest, the low threshold of an arguable breach determines whether the enhanced procedural investigation is required. Once the inquest has…

A lawful homelessness assessment must identify and evaluate an applicant’s key housing needs, including any location-based need arising from vulnerability…

A judicial review claim becomes academic where subsequent events provide the claimant with the practical relief sought and no live dispute remains affecting…

On a statutory appeal from a professional disciplinary tribunal, the High Court should rarely interfere with primary factual findings, but must intervene where…

Under section 25 of the Extradition Act 2003, the court must focus intensely on the requested person’s medical condition, its effect on daily life, and the…

A disqualifying event under regulation 54D of the Community Infrastructure Levy Regulations 2010 need not occur during the clawback period. It is sufficient…

A public authority’s statements about a target for distributing asylum accommodation do not necessarily create a promise that a fixed numerical limit will…

On a statutory appeal from a professional disciplinary decision, the appellate court must respect the specialist tribunal’s expertise but must correct material…

Extradition is not abusive merely because the requesting state applies different evidential rules, or because conduct cannot realistically be prosecuted in the…

During a civil trial, a non-party has an automatic right under CPR 32.13 to inspect a witness statement relied on as evidence in chief. No formal application…

On an appeal under section 27(3) of the Extradition Act 2003, the appellate court may intervene where the overall Article 8 evaluation was wrong because…

A finding that a sponsored role is not genuine under Annex C1 ground (z) does not invariably require dishonesty or reprehensible conduct. The listed examples…

In extradition cases engaging Article 8, the best interests of an affected child are an integral part of the proportionality assessment and a primary…

A student sponsor may rationally adopt a cautious approach where uncertain whether Home Office guidance requires withdrawal of sponsorship. Reporting…

A planning decision affected by an error of law need not be quashed where the court can say that the outcome would inevitably have been the same without the…

An appellate court reviewing findings of dishonesty by a specialist professional tribunal must respect the tribunal’s factual advantage, but may intervene…

A conviction warrant under Extradition Act 2003 must contain particulars sufficient to identify the convictions and sentence for which extradition is sought. A…

The Administrative Court may exceptionally review county court proceedings where the judicial process has been frustrated or corrupted, including a substantial…

On an article 8 extradition appeal, an appellate court may conclude that a properly conducted balance-sheet assessment was nevertheless wrong when the overall…

Permission for judicial review should generally be refused where an adequate alternative remedy is available, particularly where the dispute requires factual…

A public authority may consult on a preferred option, provided it retains an open mind and genuinely considers consultees’ responses. A consultation is…

An extension of time for judicial review may be granted where there is a good reason to extend time, which is broader than a good reason for the delay.…

In an extradition appeal involving delay, unexplained delay is not automatically unreasonable delay. The court must assess all relevant circumstances…

A public authority’s disposal of land below best consideration is lawful where the statutory general consent applies and the authority has complied with any…

A court must use the statutory closed material procedure under the Justice and Security Act 2013 for material whose disclosure would damage national security…

An appeal against refusal to restore a person to a professional register concerns whether the restoration decision was wrong or unjust because of serious…

Statutory appeals from a medical tribunal are governed by the statutory and CPR tests of whether the decision was wrong or unjust because of a serious…

An accused person may later handle goods which he previously stole. The question under section 22 of the Theft Act 1968 is whether the handling occurred…

For service of an enforcement notice, “premises” ordinarily means the land to which the notice relates. Where one enforcement notice concerns a single planning…

Appeals against teacher prohibition orders ordinarily proceed by way of review. The court asks whether the decision was wrong or unjust because of a serious…

The Parole Board must hold an oral hearing whenever fairness requires it, considering the facts and importance of the decision. It must not focus on the likely…

In extradition cases involving a Council of Europe state, there is a strong presumption that the requested person will be treated in accordance with article 3…

Statutory extradition appeals under the Extradition Act 2003 are appeals by way of review, not rehearings. An appellate court should not interfere with factual…

On an extradition appeal, the High Court must decide whether the district judge’s decision was wrong within the statutory appeal test. It is not a rehearing or…

In an escape-risk classification review, the Secretary of State must address information materially relevant to the risk of escape and provide a genuine and…

Under section 172 of the Road Traffic Act 1988, “the person keeping the vehicle” means the person with actual day-to-day care and control of it at the time of…

For a statutory period expressed to run from, after or of a specified date, that date is excluded from the calculation unless the statutory wording clearly…

In an Aarhus environmental judicial review, the prescribed costs caps are the initial answer and a soft presumption, not a clean-sheet placeholder. A variation…

The court upheld reforms reducing compensation payable to landlords when leaseholders enfranchise. The measures pursued legitimate social and economic…

Local housing authorities have a wide discretion when formulating and operating housing allocation schemes, subject to statutory requirements and the ordinary…

Whether circumstances are “exceptional” for altering a Green Belt boundary is principally a matter of planning judgment. The expression is deliberately broad…

A regulator applying guidance on publicity during investigations must interpret the guidance correctly, but the evaluative application of that guidance remains…

Judicial review is a remedy of last resort. The Administrative Court should not determine disputes which fall within the Family Court’s jurisdiction where an…

A renewed application for permission to seek judicial review must be confined to the grounds properly advanced in the claim. A reviewing court will not…

An application for permission to appeal under Town and Country Planning Act 1990, section 289, must comply with the procedural requirements of Practice…

In reviewing a specialist regulatory decision concerning patient safety, the court applies ordinary Wednesbury principles where the decision-maker is…

For section 20(3) of the Extradition Act 2003, deliberate absence from trial requires proof of two matters: awareness of the criminal proceedings and charges…

For interim relief and permission to bring judicial review, the claimant must show a viable public law challenge with a realistic prospect of success. Judicial…

Article 3 may be engaged by a period of asylum-seeker limbo, but only where the circumstances meet the very high threshold for inhuman or degrading treatment.…

When allocating immigration bail accommodation under Schedule 10 to the Immigration Act 2016, the Secretary of State must begin with the applicable Schedule 10…

For section 25 of the Extradition Act 2003 to prevent extradition on mental-health grounds, the court must assess the risk in the round. The relevant question…

The Murfitt principle may permit an enforcement notice directed at an unauthorised material change of use to require removal of associated works, even where…

In an environmental impact assessment, the scope and level of detail required are matters of evaluative judgment for the decision-maker. The court will…

The Sandford principle requires a National Park authority, where the statutory purposes conflict, to attach greater weight to conserving and enhancing natural…

On an appeal against professional sanction, the court must decide for itself whether the sanction was appropriate and necessary in the public interest, while…

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

The statutory power to recall a prisoner on licence is broad and is not confined to cases involving breach of a licence condition. Its purpose is public…

In a deportation case, immigration bail and an electronic monitoring condition depend on the claimant remaining liable to detention. Where there is no prospect…

Process rationality requires a public authority to address the correct questions, consider mandatory relevant matters, avoid irrelevant matters, and provide…

A conviction warrant remains valid where its particulars are deficient but the omission is capable of being remedied by further information incorporated into…

The Secretary of State is the decision-maker on whether to accept a Parole Board recommendation for transfer to open conditions. The recommendation is advice…

Judicial review of a CPS charging decision is available on conventional public-law grounds, including unlawful policy, failure to follow settled policy and…

A party has a fair opportunity to be heard on a costs application where the application is notified in advance, the party is represented, and the tribunal…

The High Court retains its general discretion under section 51 of the Senior Courts Act 1981 to make inter partes costs orders in judicial review proceedings…

Asylum support is a last-resort safety net. Accommodation and financial support must meet a disabled person’s individual essential needs and provide an…

Works fall outside the statutory exclusion for maintenance, improvement or alteration where they materially affect the external appearance of a building. The…

A policy responding to a large-scale data breach may lawfully prioritise applicants whose roles create a high-profile risk, including persons in other roles…

When deciding whether to extend time for judicial review, the court applies the broader question whether there is a good reason to extend time. Relevant…

ARAP Category 4 terms such as working alongside and in partnership with a UK Government department must receive their ordinary, objective meaning. Eligibility…

A local housing authority’s duty under section 193(2) of the Housing Act 1996 is immediate, non-deferrable and unqualified. Resource constraints do not modify…

A statutory challenge to a definitive map modification order succeeds only where the decision is outside the statutory powers, including because of legal…

An article 4 direction removing permitted development rights does not bring non-material changes of use within planning control. Planning permission remains…

Faith-based admission criteria may be indirectly discriminatory in relation to race even though legislation permits faith-based oversubscription criteria. The…

A council tax reduction scheme is unlawful if it is adopted by a body lacking statutory authority. The statutory decision-maker must also be shown objectively…

Extradition to serve a foreign sentence will ordinarily interfere substantially with private and family life, but Article 8 will rarely outweigh the strong…

In a renewed application for permission to seek judicial review of planning permissions, the court held that a planning authority may rely on detailed…

In determining a protective costs cap, the court must consider the parties’ financial resources, including resources available from organisations supporting…

Procedural fairness in an immigration enforcement interview is context-specific. Where questioning may lead to curtailment of leave and detention, fairness may…

In a statutory appeal from a professional disciplinary decision, an adjournment is determined by a pragmatic, context-sensitive assessment of fairness. Legal…

Retrospective validation of defective service under CPR 6.15(2) requires a good reason assessed in all the circumstances. Knowledge of the claim’s contents is…

When deciding which of competing extradition claims should take precedence under section 179 of the Extradition Act 2003, the Secretary of State must act…

Permission to appeal in extradition proceedings requires a ground that is reasonably arguable. An Article 8 challenge faces a high threshold. The public…

Where a taxable person lacks a valid VAT invoice, the right to deduct input tax is not automatically extinguished. HMRC must lawfully exercise the discretion…

Prior approval under the Town and Country Planning (General Permitted Development) (England) Order 2015 is a streamlined process, but it still requires an…

Permission for judicial review should ordinarily be refused where the claim is academic. The discretion to determine an academic public-law issue is…

A regulator’s decision about professional standards is unlawful only if its process contains a material logical error or omission, or its outcome falls outside…

Failure to disclose a document materially relied on in officers’ advice may breach statutory publication duties and procedural fairness. A planning authority…

Where the presumption of compliance has been rebutted in relation to a requesting state, extradition assurances must provide a sound and sufficiently specific…

Failure to publish a proposed planning obligation before a planning permission is issued is not automatically fatal. Its legal consequence depends on the…

A housing-needs assessment under Housing Act 1996, section 189A, must identify and assess an applicant’s key accommodation needs. Recording facts or wishes is…

On judicial review of an IOPC review decision, the court must assess whether the IOPC lawfully concluded that the complaints investigation produced a…

Applicants seeking Aarhus costs protection must comply with the procedural timetable requiring the protection to be claimed at the outset and any challenge or…

Where a public authority exercises contractual powers under a negotiated agreement, the contractual context may limit judicial review to fraud, corruption or…

Section 20 of the Extradition Act 2003 is engaged by a conviction in absentia at the trial resulting in the sentence, not by later proceedings concerned solely…

Immigration detention must remain lawful, proportionate and under continuing review. After conditional bail has been granted, the Secretary of State must act…

In extradition proceedings, Article 8 does not require the appellate court to reweigh every factor considered by the district judge. Permission to appeal…

A planning authority must take into account considerations which the governing statute or applicable policy requires it to consider. It must also consider a…

A policy governing specialist further-education funding must be read as guidance and as a whole. A general two-year funding policy does not create rigid…

In a statutory planning review, the court’s role is supervisory. It must not substitute its planning judgment for that of the decision-maker. Under regulation…

An appeal process cures an earlier procedural defect where the appellate body conducts a genuine rehearing, considers the evidence afresh and redetermines the…

Green Belt policy must be interpreted contextually as a coherent statement of planning policy, rather than as a statute. Development which is not inappropriate…

Under Children Act 1989, a child’s eligibility as a “child in need” is not subject to a destitution or homelessness threshold. The assessment must consider…

Under paragraph 333C of the Immigration Rules as in force in June 2023, an asylum claim could be treated as implicitly withdrawn where an applicant failed to…

Under ARAP category 4, the applicant must show that the individual applicant, in the course of qualifying work, made a substantive and positive contribution to…

A specialist regulator may prioritise its finite resources when exercising supervisory functions, provided it acts rationally, complies with its statutory…

On a challenge to a compulsory purchase order, the High Court reviews legality, procedure and reasoning rather than the merits of the confirming authority’s…

For an operational duty under article 2 to arise, it must be arguable that there was a foreseeable, significant or substantial, present and continuing risk to…

A statutory threshold-setting power may lawfully produce criteria that are both over-inclusive and under-inclusive, particularly in a complex and rapidly…

Fairness generally requires an oral hearing where a prisoner’s case involves disputed facts, significant mitigation, mental-health evidence, or a need for the…

An appeal from a professional disciplinary tribunal will succeed only where the tribunal’s decision was wrong or unjust because of a serious procedural or…

A statutory challenge to a traffic regulation order succeeds only on the grounds permitted by Schedule 9 to the Road Traffic Regulation Act 1984. The court…

For a property freezing order under Proceeds of Crime Act 2002, the applicant must show a good arguable case that the property is recoverable property. Money…

A Care Act needs assessment is lawful if undertaken by assessors with the necessary skills, knowledge, competence and training. Specialist consultation is…

Compliance with the public sector equality duty is assessed substantively and contextually. A decision letter need not expressly reproduce the statutory duty…

In a planning statutory review, procedural fairness requires parties to have a proper opportunity to address a planning condition which removes permitted…

A statutory appeal under section 40 of the Medical Act 1983 is appellate rather than supervisory. The court may substitute its own decision, but an appeal…

An appeal from a disciplinary tribunal is ordinarily by way of review, not rehearing. The appellate court must respect the expertise of the tribunal, but may…

On an appeal concerning professional disciplinary sanction, the court may substitute its own decision only with caution and where confident that it is the…

The Secretary of State may recall a life prisoner on licence for breach of a licence condition only where there are reasonable grounds for concluding that a…

SIAC has no inherent jurisdiction to award costs. Its review jurisdiction under section 2D of the Special Immigration Appeals Commission Act 1997 permits it to…

Judicial review of an expert healthcare regulator requires scrutiny calibrated to the importance of the interests affected, but the court must still respect…

The availability of a statutory deproscription application and appeal to POAC does not automatically make judicial review of the initial proscription decision…

The Criminal Cases Review Commission alone determines whether the statutory threshold for referring a conviction is met. Judicial review is supervisory, not…

The Investigatory Powers Tribunal’s privacy orders do not determine the confidentiality or publicity of separate proceedings in the Administrative Court. The…

In environmental impact assessment, the adequacy of an environmental statement is ordinarily a matter of planning judgment. The court will intervene only on…

An extradition appeal is concerned with whether the district judge’s decision was wrong, not with rehearing the evidence. Appellate courts should respect…

Section 91 of the Education and Inspections Act 2006 establishes an objective statutory test for the lawfulness of school disciplinary penalties. A penalty…

In extradition cases, interference with private life under article 8 ECHR will rarely outweigh the strong public interest in surrender, particularly where the…

Article 8 ECHR does not ordinarily require the United Kingdom to provide diplomatic or consular assistance to persons outside its territory, even where their…

An appeal from a specialist professional disciplinary tribunal proceeds by way of review unless the interests of justice require a rehearing. The High Court…

On an extradition appeal, the High Court must review whether the decision below was wrong, rather than substitute its own view merely because it might have…

In an extradition appeal, article 8 requires a fact-sensitive proportionality assessment. The court must weigh the exceptionally strong public interest in…

Cancellation of immigration permission using a RED.0001 notice must accord with the Home Office’s applicable guidance. Although the Secretary of State may…

Under the National Security and Investment Act 2021, the six-month period for giving a call-in notice begins when the Investment Security Unit becomes aware…

In extradition proceedings, a second warrant may amount to an abuse of process where it gives the requesting state an unfair second opportunity to prove issues…

An extradition appeal under Extradition Act 2003 requires the appellate court to decide whether the extradition judge reached a wrong decision or whether…

In extradition proceedings, a child’s best interests are a primary consideration where extradition affects family life, but they are not the only…

Judicial review of a care-needs assessment concerns the lawfulness of the decision-making process, not substitution of the court’s view of the claimant’s needs…

Interim relief will not be granted in a judicial review claim unless the claimant shows a sufficiently arguable public-law challenge and the balance of…

The court may vary and extend a property freezing order where the continuation of the order and the inclusion of additional property are justified to enable an…

Before an inquest has heard the evidence, the threshold for engaging the enhanced investigative duty under Article 2 applies both to the existence of the…

The statutory power to order an inquiry into a draft Water Resources Management Plan is an open discretion. Fairness does not ordinarily require an oral…

In an extradition appeal based on Article 8, the appellate question is whether the district judge was wrong, rather than whether the appellate court would have…

An appeal from a specialist disciplinary tribunal is ordinarily a review, not a rehearing. The review engages the merits, but the appellate court must accord…

In planning cases, difficulties in implementing an authorised development are ordinarily immaterial. They may nevertheless be material where the facts make…

An Article 3 investigative duty requires an effective investigation into arguable ill-treatment, including appropriate scrutiny, participation and the…

In a statutory review of a planning decision, “reprovision” of an existing cultural facility requires more than a bare possibility or opportunity that…

An inquest must investigate matters capable of materially contributing to death, but it must not become a general review of clinical negligence. A coroner must…

A challenge to welfare-benefit regulations cannot succeed merely because the claimant identifies a morally compelling or politically controversial case for…

Planning permission may comply with a policy requiring development to enable a life sciences park where its profits contribute meaningfully to the park’s…

A public authority must notify the Secretary of State under section 52 of the Modern Slavery Act 2015 where the available material provides reasonable grounds…

On an application to vary extradition bail, the High Court determines the matter afresh. Bail conditions may be imposed only where necessary to secure…

A challenge to an enforcement-notice appeal decision lies under Town and Country Planning Act 1990, section 289, rather than section 288, where the decision…

When a Crown Court re-sentences an offender on appeal, it must use the applicable sentencing framework and give reasons sufficient to show how the principal…

A whole life order is a sentence of last resort, reserved for offences of the most extreme gravity. Where the statutory starting point is a whole life order…

Where the interpretation of a Withdrawal Agreement provision is genuinely uncertain and material to judicial review claims, the court may request a preliminary…

Police officers must maintain impartiality at all times. An activity is prohibited where it is likely either to interfere with impartial performance or to…

A sponsor-licence revocation decision must be based on an objective construction of the applicable guidance and must adequately explain how the evidence…

A magistrates’ court has a broad discretion to adjourn a summary trial, but the starting point is that the trial should proceed. An application made on the day…

A super-injunction should be maintained only while the evidence establishes a sufficient protective benefit to justify its exceptional interference with…

Interim relief pending an appeal to the First-tier Tribunal requires more than a reasonable prospect of success. The American Cyanamid principles must be…

On an appeal from a professional disciplinary decision, the court may interfere with factual findings where the issue is evaluative and the conclusion is…

In an extradition case involving an alleged risk of ill-treatment because of disability and mental and physical health conditions, the court must make a…

Judicial review of County Court case-management decisions is confined to exceptional circumstances. A possible denial of a fair hearing may constitute such a…

The designation of the Food Standards Agency as competent authority for specified animal-welfare functions does not include bringing prosecutions unless the…

When determining planning appeals affecting an Area of Outstanding Natural Beauty, the decision-maker must actively seek to further the purpose of conserving…

For section 20 of the Extradition Act 2003, a person convicted in involuntary absence is entitled to a retrial only where the procedure provides, in substance…

Once a public authority establishes and operates a policy affecting individuals, public law principles apply to its administration. Where the policy is…

In an extradition appeal based on Article 8 ECHR, family hardship defeats extradition only in the rare case where its impact is exceptionally severe and…

A statutory challenge to a traffic regulation order applies ordinary judicial review principles. The court does not review the planning merits or substitute…

Extradition to serve a foreign custodial sentence will almost inevitably interfere seriously with private and family life. It will nevertheless be compatible…

Extra-statutory concessions derogate from the statutory basis of taxation and must be construed narrowly. A taxpayer relying on a misdirection concession must…

In an application for interim relief against a proscription order, the court applies the American Cyanamid framework. Public-law cases do not attract a…

In an extradition appeal, the High Court must assess the statutory questions by reference to the Arrest Warrant and the applicable framework, subject to mutual…

An extradition appeal may succeed in relation to one conviction while the extradition order remains effective for another. Where dual criminality is not…

On an appeal against an extradition order, the High Court reviews the District Judge’s proportionality assessment rather than conducting a fresh assessment. It…

A local authority may recover only costs reasonably incurred at the particular stage of council tax enforcement. An averaging method may be lawful, but it…

Under section 13 of the Coroners Act 1988, the High Court may order a fresh inquest where, in the interests of justice, this is necessary or desirable because…

An appellate court reviewing a professional disciplinary decision applies the ordinary appeal test: the decision must be wrong, or unjust because of a serious…

For extradition following a conviction in absence, deliberate absence requires proof that the person knew, or must properly be taken to have known, that…

Judicial review is available to challenge a housing needs assessment or personal housing plan under section 189A of the Housing Act 1996 before an…

For deliberate absence under section 20(3) of the Extradition Act 2003, the requesting authority must prove, to the criminal standard, a knowing and…

For the passage-of-time bar under section 82 of the Extradition Act 2003, the relevant question under the injustice limb is whether delay has made a fair trial…

Decisions of the Attorney General exercising certain public-interest functions may be immune from judicial review. The relevant question depends on the nature…

In consequential proceedings, corrections to a circulated judgment may be accepted where they clarify agreed issues, factual summaries or typographical matters…

A public authority investigating credible allegations of mistreatment must provide a fair opportunity for the complainant to understand, comment on, correct or…

An accelerated payment notice is lawful where the designated officer has positively determined, on the available information and belief, the disputed tax…

An Article 2 investigative obligation does not prescribe a single procedure. The obligation may be discharged by several investigations considered…

Domestic courts generally have no jurisdiction to interpret or apply unincorporated treaties without a sufficient domestic foothold. Even where such a foothold…

In an advertisement-consent challenge, the decision-maker must address the period sought where the application, the parties’ common understanding and the way…

The power under section 684(7A)(b) of the Income Tax (Earnings and Pensions) Act 2003 permits HMRC to decide that an end user need not comply with PAYE…

Registration under the Places of Worship Registration Act 1855 requires an identified single body or denomination of persons intending to use the building for…

A sponsor licence may be revoked because certificates of sponsorship relate to non-genuine vacancies without any finding of dishonesty, deliberate exaggeration…

For section 31 of the Highways Act 1980, the 20-year period is calculated retrospectively from the date on which the public’s right to use the way is brought…

On a review of a minimum term imposed on a young offender detained during Her Majesty’s Pleasure, the statutory scheme preserves the established three-limb…

Judicial review cannot be used to challenge a decision of a High Court judge. A challenge to an extradition order should ordinarily be brought by appeal, which…

A Parole Board decision refusing release is lawful where its conclusion is safely justified by the evidence, gives adequate reasons, and contains no…

An inspector determining a planning appeal must take account of an executed planning obligation which is obviously material to the planning balance, even where…

When a local authority decides whether exceptional circumstances justify providing accommodation to a qualifying young person under Children Act 1989 s 24A(5)…

The strengthened duty under section 85(A1) of the Countryside Act 2000 requires a planning decision-maker actively to seek to further the conservation and…

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

On an appeal by way of case stated, factual conclusions will stand unless no reasonable tribunal could have reached them. The offence of driving without due…

In judicial review, the court reviews the legality of the decision-making process and does not substitute its own assessment of the merits. A decision-maker…

An Ombudsman’s statutory function is to investigate alleged maladministration, not to substitute its view for the merits of an underlying discretionary…

The Secretary of State is the sole decision-maker on whether a prisoner should be transferred to open conditions. The Secretary of State has a two-tier…

Environmental effects arising from the disposal of poultry manure may constitute indirect effects of an intensive livestock development and must be assessed…

On an appeal against a professional disciplinary sanction, the court may rehear the matter and substitute its own decision, but should respect findings…

Permission to apply for judicial review requires an arguable ground with a realistic prospect of success, subject also to sufficient interest and the statutory…

Under Part 2A of the Environmental Protection Act 1990, a local authority must assess contamination by reference to the statutory test and the Secretary of…

In judicial review e-filing, the claimant must enter the details required for a new case, including all parties and the representatives required by the filing…

A police misconduct panel may dismiss proceedings for no case to answer using the Galbraith discipline. It must consider whether, taking the appropriate…

Where the Secretary of State relies on information arising after a Parole Board hearing to reject a recommendation for transfer to open conditions, procedural…

The right to education under Article 2 of the First Protocol includes access to the educational system provided by the state and the freedom to establish…

A statutory review of a professional disciplinary order is concerned with the registrant’s current fitness to practise, not with reopening the original factual…

Planning policy should be interpreted straightforwardly and without importing the linguistic rigour used for statutes or contracts. A policy requiring an…

A Crown Court hearing a firearms-licensing appeal must ordinarily be constituted with a judge and at least two justices of the peace. Where a timely objection…

In a planning judicial review, the adequacy of an alternative-site investigation is ordinarily a matter of planning judgment. The investigation must be…

In an extradition appeal involving Article 8, the court must assess proportionality by weighing the interference with private and family life against the…

An applicant for entry clearance outside the Immigration Rules must first make a proper application through the administrative process. A pre-action letter…

Article 4 ECHR may require a school considering permanent exclusion to take account of a credible suspicion that a child has been trafficked or exploited, or…

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

At the reasonable-grounds stage of the National Referral Mechanism, a decision-maker must assess the evidence holistically and apply the statutory guidance…

In a challenge under Town and Country Planning Act 1990 section 288, an inspector’s decision letter must be read fairly and as a whole. Reasons need address…

In extradition appeals concerning conviction warrants, the relevant period under section 14 of the Extradition Act 2003 begins when the requested person…

Generative artificial intelligence may assist litigation, but it is not reliable legal research. A lawyer who uses it, or relies on work produced by another…

For limitation purposes, an offence of theft from a shop is indictable, and therefore outside the six-month limit in section 127 of the Magistrates’ Courts Act…

Venue for an Administrative Court claim is determined by identifying the region with which the claim is most closely connected. The court must consider the…

Animal-welfare concerns may be material planning considerations because they can relate to the character of a proposed land use. A planning committee is…

In reviewing Category A prison status, the decision-maker must apply the policy requirement for convincing evidence that the risk of re-offending if unlawfully…

A legal ombudsman may decide what is fair and reasonable through a broad and informal jurisdiction, but it must not apply fundamental legal concepts…

Permission for judicial review requires an arguable ground with a realistic prospect of success, subject to discretionary bars such as delay. Where positive…

A planning decision is unlawful only where an officer’s report materially misleads the committee on a matter bearing upon its decision, so that the decision…

A judicial review claim concerning superseded policies is not necessarily academic merely because the policies have been replaced. A claimant may remain…

For a review of a minimum term imposed on a person sentenced to detention during Her Majesty’s pleasure, the established three-limb scheme remains applicable…

A sponsor licence may be revoked immediately under published guidance, but that power remains subject to common-law procedural fairness. Where revocation will…

Consultation on a national policy statement must be assessed in its statutory and policy context. Where the consultation concerns high-level policy with wide…

On an extradition appeal, the High Court must decide whether the district judge’s decision was wrong, rather than rehear the evidence or reweigh every factor…

Section 2(1)(i) of the High Speed Rail (London - West Midlands) Act 2017 authorises non-scheduled works of any description where they are necessary or…

A statutory appeal from a Solicitors Disciplinary Tribunal decision under section 49 of the Solicitors Act 1974 is ordinarily a review, not a rehearing. The…

A statutory regulator’s report is subject to ordinary public-law principles, including process and outcome rationality. The court must consider the report in…

On an Article 8 extradition appeal, proportionality must be assessed through a careful and fact-sensitive balance between the public interest in extradition…

An abatement notice for statutory noise nuisance is not invalid merely because it leaves the recipient to choose the means of abatement. A requirement to abate…

An appeal by the Professional Standards Authority against a professional disciplinary sanction is a review, not a rehearing. The court should respect the…

National policy on renewable-energy infrastructure should be read objectively, as policy rather than legislation, and with restraint before implying…

For a temporary-use permitted development right, the decisive period runs from the commencement of the temporary use until the land reverts to its normal use.…

A statutory appeal under section 40 of the Medical Act 1983 must be filed in the Administrative Court. Filing in another division of the High Court does not…

In reviewing a planning decision, the court must read an officers’ report fairly and with reasonable benevolence. It must ask whether the report materially…

Extradition is not oppressive or unfair merely because many years have passed where the requested person knowingly placed himself beyond the requesting state’s…

Anonymisation of a person sought for extradition is an exceptional derogation from open justice. The applicant must establish, by clear and cogent evidence…

Section 78 of the Police and Criminal Evidence Act 1984 addresses unfairness caused by admitting particular prosecution evidence. It permits exclusion of…

For the purposes of Extradition Act 2003, deliberate absence from trial is synonymous with an unequivocal waiver of the right to attend. The requesting…

A public authority may be required to follow its stated policy unless there is lawful justification for departing from it. Where a policy excludes companies…

On a statutory review of a planning decision, the court will not substitute its own assessment of planning judgment, weight or factual matters unless there is…

In an extradition bail application, the court must assess risk objectively and afresh, while recognising the presumption in favour of bail in an accusation…

A judge is not disqualified merely because he has previously made adverse findings against a party or a related company. Recusal may nevertheless be required…

On an appeal from a specialist professional tribunal, the High Court should intervene only for an error of law or fact, a serious procedural irregularity, or a…

In an application to appeal out of time, the court must apply the Mitchell/Denton approach: identify the seriousness and significance of the default, determine…

A Practice Direction cannot displace the general rule in Civil Procedure Rule 39.2 that hearings are public. A hearing must be private only where one of the…

When a regulator seeks to extend an interim suspension order, the court applies the same criteria as the regulator when imposing the order. The regulator must…

An appellate court hearing a statutory appeal from a professional adjudication panel must review, rather than rehear, the panel’s decision. It may intervene…

In a bespoke anti-dumping regime, the Trade Remedies Authority is not subject to a positive duty to identify and notify every potential interested party. The…

A consultation challenge must be assessed by viewing the process as a whole. The court asks whether anything went clearly and radically wrong, rather than…

When considering an application to extend an interim regulatory order, the court applies the same criteria as the regulator applied when making the order. The…

On an extradition appeal, the appellate court must identify an error which made the district judge’s decision wrong. It must not conduct a rehearing or merely…

An adjournment may be granted where a self-represented party faces an important appeal, an inequality of arms, and a real benefit from legal representation.…

The preparation of a sectoral decarbonisation strategy by a Secretary of State does not itself discharge, or engage, the statutory duty under section 13 of the…

On an application to extend an interim regulatory order, the court applies the same criteria as those governing the original order. The regulator must satisfy…

On an extradition appeal under Article 8, the appellate court reviews whether the proportionality decision was wrong. If a material flaw is identified, it must…

Judicial review of a County Court or Family Court decision is generally inappropriate where an alternative remedy is available, including an appeal or an…

Under CPR 54.10, “proceedings” in judicial review may include an administrative decision-making process and its interlocking stages. The court may stay future…

Under section 36 of the Extradition Act 2003, the period for extradition runs from the date on which the relevant court decision becomes final. It does not run…

Planning officers’ advice to a planning committee must be read with reasonable benevolence and in context. The question is whether the advice materially misled…

In extradition proceedings involving prison conditions, the adequacy of a diplomatic assurance is assessed factually and in the light of all available…

Extradition proceedings may be an abuse of process where the requesting state’s request is plainly invalid and the statutory scheme provides no effective…

Relief from sanctions requires consideration of the seriousness and significance of the breach, the reason for it, and all the circumstances, including…

In extradition cases engaging Article 8, the court must assess whether interference with private and family life is outweighed by the public interest in…

A court embargo on a confidential draft judgment is fundamentally different from a journalism embargo. The draft and its substance must not be disclosed to…

In professional disciplinary proceedings, an admission of misconduct is not a criminal guilty plea. It is an acknowledgment of responsibility which may…

In an extradition appeal under the Extradition Act 2003, the court must respect factual findings unless no reasonable judge could have made them, while…

Procedural fairness ordinarily requires an oral hearing where important facts relevant to risk are disputed, or where explanations or mitigation require…

An application for permission to appeal under section 289 of the Town and Country Planning Act 1990 must comply with the applicable time limit and procedural…

A professional regulator may apply common professional standards to different regulated professions where the statutory scheme gives it a broad discretion and…

For communications offences requiring a message to be grossly offensive, offensiveness, bad taste or distress is insufficient. The court must assess the…

The statutory power to revoke a certificate of lawfulness is concerned with materially false statements or withheld information, not with revisiting the…

An order made by a family court takes effect when made unless the court specifies a later date or a statutory or procedural rule provides otherwise. Personal…

On an extradition appeal, the High Court must decide whether the district judge was wrong, rather than conduct a rehearing or undertake a fresh evaluation of…

An appeal under section 40 of the Medical Act 1983 is a rehearing, but the tribunal’s decision remains entitled to appropriate respect. The court may extend an…

An integrated care board’s duty under National Health Service Act 2006, section 3, is qualified by what it considers necessary to meet reasonable requirements…

Accrued lawful planning use rights may be lost where a change in the physical or planning status of a site creates a new planning unit, or opens a new chapter…

Where new evidence may lead to a significantly different age assessment, a local authority must undertake further enquiries and reassess the person’s age. It…

On an extradition appeal engaging article 8, the court must assess proportionality on the particular facts. The child’s best interests are a primary…

Under section 13 of the Coroners Act 1988, a fresh inquest is required only where an identified defect has diverted justice or made the inquiry insufficient…

In an extradition appeal based on article 8, the court must review whether the extradition judge’s overall proportionality evaluation was wrong, while…

An NRM negative reasonable grounds decision must be based on a reasoned and evidence-sensitive assessment at a preliminary threshold. Grounds supporting and…

The requirement that a respondent indicate whether it consents to waiving an applicable time limit does not deem consent where the respondent fails to provide…

When making a traffic regulation order, a local authority must conduct the qualified balancing exercise required by section 122 of the Road Traffic Regulation…

A planning policy must be interpreted objectively according to its language and context. The court must not add words, substitute different wording or delete…

In an extradition appeal involving suicide risk, oppression under section 25 of the Extradition Act 2003 requires an overall value judgment. The court must…

The jurisdiction to reopen an extradition appeal is exceptional. It is available only where reopening is necessary to avoid real injustice, the circumstances…

A substantive legitimate expectation requires a clear, unambiguous and sufficiently focused commitment. The assessment is context-sensitive. An alleged oral…

The Administrative Court should ordinarily administer and determine a claim in the region with which it has the closest connection. The assessment is…

In a planning appeal determined by written representations, fairness does not generally require an Inspector to invite further evidence merely because an…

Sexual harassment does not automatically amount to serious misconduct, and serious sexual misconduct does not automatically require erasure from the medical…

Section 27 of the Children and Families Act 2014 gives local authorities substantial discretion as to how and when they keep special educational provision…

In assessing flood risk for a proposed development, the sequential test must ordinarily be undertaken and satisfied before the exception test is considered. A…

Section 70C of the Town and Country Planning Act 1990 confers a discretionary power to decline a planning application where permission would overlap with…

In a statutory review of a planning decision, the court applies ordinary statutory meaning in context while respecting the decision-maker’s planning judgment.…

On an appeal under section 21 of the Extradition Act 2003, delay is not an automatic bar to extradition and does not operate as an on/off switch merely because…

Applications under CPR 79.11(5) must seek information about the Minister’s pleaded grounds for contesting a sanctions challenge and explain why it is necessary…

A policy governing grants of leave outside the Immigration Rules is unlawful where it requires decision-makers to apply a threshold of particularly exceptional…

For Extradition Act 2003 section 20(3), deliberate absence from trial requires proof to the criminal standard that the requested person unequivocally waived…

On a practitioner’s statutory appeal, the High Court must conduct an appellate rehearing and decide whether the Tribunal’s decision is wrong or unjust because…

On a statutory appeal under section 40 of the Medical Act 1983, the High Court conducts a full appeal by way of rehearing and asks whether the tribunal’s…

Permission to seek judicial review should be granted where a challenge to accelerated payment notices is properly arguable. This includes an arguable issue…

On an extradition appeal under the Extradition Act 2003, the appellate question is whether the district judge’s proportionality decision was wrong, not whether…

Where a requested person establishes substantial grounds for believing that surrender would expose him to an Article 3 risk, the requesting state bears the…

In extradition cases, an Article 3 challenge requires strong grounds for believing that the requested person faces a real risk of inhuman or degrading…

On an appeal under section 40A of the Medical Act 1983, the High Court may interfere with a Medical Practitioners’ Tribunal’s evaluative sanction decision…

Article 2 applies automatically only where the circumstances fall within a category that necessarily gives rise, in every case, to a legitimate suspicion of…

A Part 1 extradition warrant is valid if, read with any permitted further information, it gives sufficient particulars to determine whether the alleged conduct…

In a statutory review of a planning decision, the court must interpret development-plan policies objectively and in context, but must respect the planning…

On an appeal under section 26(4) of the Extradition Act 2003, the High Court must determine whether the statutory conditions for overturning an extradition…

Under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the question is whether, objectively, refusal of legal aid would prevent an…

An appellate tribunal constituted by statute may determine overlapping appeals together, and parties to those appeals may be interested parties in subsequent…

The cancellation of immigration permission for breach of a condition is discretionary. The decision-maker must establish the relevant facts and consider all…

A determination of UK fishing opportunities under section 23 of the Fisheries Act 2020 is made within the international framework governing the United…

A planning inspector may find that development conflicts with a specific development-plan policy, yet conclude that it accords with the development plan read…

In applying the statutory test of whether it is reasonable for an applicant to continue to occupy accommodation, a local authority must consider all relevant…

A magistrates’ court has a wide discretion to adjourn proceedings, including proceedings for a closure order. The governing question is whether the refusal…

On an extradition appeal, the High Court must determine whether the district judge reached the wrong decision and whether a different decision would have…

A housing authority has a wide discretion under section 202(3) of the Housing Act 1996 to extend the period for requesting a review. Relevant considerations…

Procedural fairness in a Category A security-categorisation review is assessed objectively by the court as a question of correctness, not by Wednesbury…

Judicial review is ordinarily a remedy of last resort. Where Parliament has provided an appeal to a specialist tribunal with broad powers to reconsider the…

Segregation in prison is not automatically incompatible with Article 3 ECHR. The court must assess the conditions of detention holistically, including the…

The First-tier Tribunal has jurisdiction to determine whether an applicant satisfies the statutory definition of an asylum seeker when deciding an appeal about…

In council tax banding appeals, statutory valuation assumptions provide a common basis for comparison. They do not prevent a valuation tribunal from…

Fairness requires an oral parole hearing where disputed facts are relevant, or potentially relevant, to the risk assessment or future management of the…

On an appeal against extradition, the High Court may intervene under Extradition Act 2003, section 27, only where the extradition judge reached a different…

Under CPR PD 54C, a judicial review claim should generally be administered and determined in the region with which it has the closest connection. The court…

Venue for an Administrative Court claim is determined by identifying the region with which the claim is most closely connected, having regard to the subject…

In teacher disciplinary proceedings, a professional conduct panel may assess classroom comments in their full educational and institutional context, including…

A statutory right of appeal against a professional misconduct decision will ordinarily be the proper route where the proposed grounds fall within the statutory…

Under section 13 of the Coroners Act 1988, the High Court may quash an inquest and order a fresh inquest where this is necessary in the interests of justice.…

For stage 1 of the conviction-extradition sequence, the court must decide whether the requested person was convicted in their presence. A clear statement in…

Whether a planning application is “made” depends on the statutory or regulatory context. For the transitional biodiversity gain planning condition regime, an…

On an appeal under section 108 of the Extradition Act 2003, the High Court may allow the appeal only where the statutory conditions in section 109 are…

Where national security is relied on to restrict disclosure, the court must scrutinise the objection and ensure the minimum derogation from open justice…

For the purposes of the Private Hire Vehicle (London) Act 1998, whether transport is provided “for hire” and for the purpose of carrying passengers is…

A planning decision will be unlawful only where the officer’s report contains a distinct and material defect which materially misleads the decision-maker or…

Procedural fairness requires the Parole Board to decide afresh whether an oral hearing is needed, rather than asking whether the prisoner can show that the…

Under CPR PD 54C, a judicial review claim should generally be administered and determined in the region with which it has the closest connection. That…

On an application for a fresh coronial investigation, the question is whether the interests of justice make another investigation necessary or desirable. Fresh…

For the purposes of section 20 of the Extradition Act 2003, the relevant hearing is ordinarily the proceeding resulting in conviction and sentence. A later…

An extradition appeal is concerned with whether the district judge was wrong in the legally recognised sense. It is not a rehearing or an opportunity to…

An extradition appeal under the Extradition Act 2003 may succeed only where the statutory conditions for correcting the appropriate judge’s decision are met.…

The Administrative Court should ordinarily administer and determine a claim in the region with which it has the closest connection. The assessment is…

The Secretary of State’s asylum-accommodation system is lawful if it is capable of gathering the information reasonably required to assess suitability and…

Under section 25 of the Extradition Act 2003, oppression is assessed by reference to the person’s physical or mental condition and all the relevant…

On an appeal under the Extradition Act 2003, the strict two-stage approach to fresh evidence remains applicable where the proposed evidence supports a…

An appeal from a specialist disciplinary tribunal is ordinarily by way of review. The High Court may interfere where the decision contains an error of law or…

On an application to issue or set aside a summons for a private prosecution, the court must consider whether the essential ingredients of the alleged offence…

Local authorities have no absolute duty to provide discretionary travel assistance to young persons of sixth-form age, including those with disabilities or…

A stay pending an appeal in another case should be granted only where the pending appeal is likely to be decisive or determinative of the case, followed by a…

A judicial review claim becomes academic where no live dispute remains capable of directly affecting the parties’ rights and obligations. The court may…

For the statutory presumption of dedication under section 31(1) of the Highways Act 1980, actual enjoyment must be assessed over the whole 20-year period. A…

Whether a breach of professional conduct standards requires proof of seriousness, culpability and reprehensibility depends on the wording and context of the…

For aggravated trespass, the prosecution must prove trespass upon land, but need not prove legal ownership. It is sufficient to establish that the defendant…

Judicial review is a remedy of last resort. Where Parliament has provided a specialist statutory appeal, the court will ordinarily refuse permission for…

A minerals and waste local plan may regulate agricultural waste and livestock-unit proposals where the planning authority is lawfully addressing environmental…

A local planning authority must remain satisfied, when granting permission, that a development is not EIA development. A previous negative screening opinion is…

A restraint order securing assets potentially available to satisfy a confiscation order should remain in force where the proposed transaction creates a real…

General violence in a destination country does not ordinarily establish a breach of Articles 2 or 3 on extradition. A breach arises only in the most extreme…

A public authority may rationally disagree with an independent expert review without proving that the review was irrational or identifying a special, good or…

For compensation under the Windrush Compensation Scheme, “inability to demonstrate lawful status” may include a person whose leave had technically lapsed on…

For extradition following an overseas conviction, a warrant may validly seek surrender for a hearing to determine whether a suspended custodial sentence should…

A local authority’s duties under the Care Act 2014 require an individualised, fact-sensitive assessment of a service user’s needs, wishes, feelings and…

In a planning reasons challenge, an inspector need explain the principal important controversial issue and the essential reasoning leading to the decision. The…

Whether a renewable-energy project is an extension of an existing generating station for nationally significant infrastructure purposes is principally a…

On retaking an extradition decision, the court conducts a fresh assessment on the available material while generally standing on the lower judge’s factual…

An offer of accommodation as temporary accommodation, expressly made without a secure or introductory tenancy, is not an “allocation” under Part VI of the…

In a statutory appeal concerning a disciplinary review, undisturbed findings of professional misconduct are subject to issue estoppel. A review tribunal cannot…

A court retains a discretion to determine an academic judicial review claim involving a public-law issue, but that discretion must be exercised cautiously.…

Kidnap for ransom is not excluded from the concept of exploitation in human-trafficking law. The inclusion of kidnap as a trafficking method means that…

In an extradition case, the requesting state’s status as a Convention state gives rise to a presumption that detention conditions will comply with Article 3.…

Rule 5.3 of the Broadcasting Code prohibits a politician from acting as a newsreader, interviewer or reporter in a news programme. It does not extend to…

A statutory appeal is brought only when the appellant complies with the applicable court procedure. An unsigned Appellant’s Notice is not a valid notice and…

In an extradition appeal, a court must identify the conduct specified in the request and determine whether, transposed to the United Kingdom, it would…

A coroner has a broad discretion to determine the scope of an inquisitorial investigation and the witnesses, including expert witnesses, required to conduct…

An Article 4 direction removing permitted development rights cannot itself require planning permission for a change of use unless the change is a material…

For a post-tariff lifer, the tariff expiry date is the primary reference point for the Parole Board’s Article 5(4) duty to secure a speedy hearing. The court…

Under Ofcom’s Broadcasting Code, due impartiality is ordinarily assessed by reference to an individual programme viewed in context. For the Preservation…

For the purposes of Article 5(4) of the ECHR, extradition may breach the requested person’s rights where a new issue arises concerning the lawfulness of…

On remitting a disciplinary case for rehearing, an appellate court should ordinarily confine its directions to correcting the error identified on appeal.…

A statutory appeal from a teacher prohibition order is ordinarily a review, but may proceed as a rehearing-type appeal where the interests of justice require.…

On an appeal concerning proportionality under article 8 of the European Convention on Human Rights, the appellate court asks whether the extradition decision…

In an extradition appeal, the High Court must decide whether the lower decision was wrong in the statutory sense, rather than conduct a general rehearing. An…

In an extradition appeal under article 8 of the Convention, the appellate court asks whether the district judge reached the wrong outcome. The assessment…

In a statutory planning challenge, an interested party to an enforcement appeal has no standing in the High Court unless that person has the requisite interest…

Professional discipline tribunals determining disputed factual allegations must give rational reasons explaining why one witness’s account is preferred over…

Rationality review varies with the importance of the interests affected and the gravity of the potential consequences. Serious risks to health and life can…

Section 9(1) of the Limitation Act 1980 limits proceedings brought in a court or tribunal to recover sums recoverable by virtue of an enactment. It does not…

For the purposes of the passage-of-time bar in section 14 of the Extradition Act 2003, a person may be a fugitive where, knowing that a legal process has begun…

In an Article 2-compliant inquest, a coroner may leave potentially causative circumstances to the jury even where causation cannot be established on the…

Section 70C of the Town and Country Planning Act 1990 permits a local planning authority to decline a planning application where it overlaps with matters…

Extradition to a Convention state carries a presumption that the state will comply with Article 3. The presumption is rebutted only by objective, reliable…

In judicial review proceedings, a person is an interested party where the remedy sought directly affects that person’s legal rights or creates an enhanced risk…

Venue for judicial review proceedings should ordinarily be determined by the region with which the claim has the closest connection. The court must assess the…

Evidence may be cross-admissible on two distinct grounds: propensity and rebuttal of coincidence. A tribunal must identify the ground relied upon and give a…

International conventions concerning statelessness do not require a state to provide a particular family-reunion route for dependants of stateless persons.…

An appeal from a fitness to practise decision is neither confined to law nor a rehearing. The court may exercise its own judgment on the evidence, but must not…

A Public Spaces Protection Order must clearly identify the prohibited activity, the restricted area and any exceptions, particularly where breach attracts…

Exceptional case funding for representation before a permanent-exclusion review panel depends on the particular shape of the proposed proceedings. Article 6…

A conclusive grounds decision under the National Referral Mechanism is a non-binding, paper-based assessment. The extradition court must determine for itself…

In an extradition appeal based on Article 8, the appellate court must focus on whether the decision was wrong, while respecting primary factual findings. A…

Venue for an Administrative Court claim should ordinarily reflect the region with which it has the closest connection. The court must consider the subject…

An extra-statutory concession extending VAT exemption to student-union catering must be construed according to its ordinary language. A “bar” may supply both…

In a judicial review concerning modern-slavery support, a broad discretion to refuse re-entry into the National Referral Mechanism must be exercised on a…

Article 1 ECHR jurisdiction is principally territorial. A domestic sanctions decision affecting a person or its interests abroad does not, without more…

A police force may require officers to hold vetting clearance under its powers of direction and control, but withdrawal of clearance is not itself a lawful…

A local housing authority must determine an allocation application under the current lawful allocation scheme. Applying a superseded scheme is a legal error…

Eligibility under Category 4 of the Afghan Relocations and Assistance Policy requires evidence that the applicant worked alongside a United Kingdom Government…

For the purposes of regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, a driver uses a mobile telephone where the telephone is being…

Administrative Court judicial review claims should ordinarily be administered and determined in the region with which they have the closest connection. The…

Judicial review of a Crown Court decision extending custody time limits is concerned with legality, not a merits appeal. The reviewing court asks whether the…

For Council Tax, separately let and physically definable rooms may constitute separate dwellings even where occupiers share kitchens, living areas and access…

Where a local planning authority grants permission contrary to officer advice and the development plan, its reasons must address the principal important…

On a section 40 appeal, the High Court must apply the statutory appellate test. It must decide whether the Tribunal was wrong or whether serious procedural or…

Section 4L of the British Nationality Act 1981 can apply where an applicant would have been able to become a British citizen earlier, even though the…

For an appeal against an enforcement notice under ground (b) of section 174(2) of the Town and Country Planning Act 1990, the question is whether the alleged…

Interim relief in public-law proceedings does not require a uniform higher merits threshold or a separate strong prima facie gateway. The court applies the…

For section 20 of the Extradition Act 2003, deliberate absence requires an unequivocal waiver of the right to attend the relevant criminal proceedings.…

Local authorities participating in the free early education entitlement scheme must ensure that funded childcare is available free of charge. A nursery may…

Under Senior Courts Act 1981, s 42, the High Court may restrict a litigant’s access to civil proceedings where the statutory conditions are established. The…

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

On a section 40 appeal, the High Court exercises an appellate jurisdiction by way of rehearing. It must conduct its own assessment of whether findings and…

Although criminal costs rules ordinarily govern costs in criminal causes or matters, the court may exceptionally apply the civil costs regime where the…

On an appeal under section 289 of the Town and Country Planning Act 1990, the court may intervene in an inspector’s procedural decision only where it is wrong…

Judicial review claims should generally be administered and determined in the region with which they have the closest connection. The court should consider the…

Continued segregation of a prisoner under Prison Rule 46 is fact-sensitive. The court must assess all relevant circumstances, including the reasons for…

Extradition to a designated territory does not necessarily require physical removal to that territory. Where the requesting territory retains legal…

A regulator-initiated landfill closure notice may require the operator to cease accepting waste where that is a necessary first step in commencing closure. The…

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

In extradition proceedings, a person is a fugitive where, knowing that a sentence remains to be served, he knowingly relocates beyond the reach of the…

The disciplinary jurisdiction concerning judicial office-holders is distinct from an appeal or review of judicial decision-making. A complaint about…

An appeal against a prohibition order imposed under the Teachers’ Disciplinary (England) Regulations 2012 is ordinarily conducted by way of review. The…

Whether fairness requires an oral hearing in a parole review is an objective, hard-edged question for the judicial review court. The governing test is not…

A private prosecutor must approach an application for a summons with the same fundamental obligations as a public prosecutor, including candour, proper…

On an extradition appeal under the Extradition Act 2003, the question is whether the district judge’s decision was wrong in a way that required discharge.…

On an extradition appeal under the Extradition Act 2003, the appellate question is whether the district judge’s decision was wrong, not whether the evidence or…

A self-represented private prosecutor may recover from central funds both disbursements and compensable work properly incurred in High Court proceedings…

When a regulator seeks to extend an interim order, the court applies the same criteria as the regulatory tribunal. Relevant considerations include the gravity…

A prosecution costs order under Prosecution of Offences Act 1985 and the Criminal Procedure Rules 1998 requires a high threshold. The prosecution conduct must…

In an extradition Article 8 assessment, the court may retake the proportionality balance on the person’s current position, including the effect of qualifying…

In assessing reasonable arguability in an extradition appeal, the court must test the proposed substantive appeal on the most favourable assumptions reasonably…

In judicial review, fresh decisions should generally be challenged by fresh claims. Amendments may exceptionally be permitted where expedition and the public…

Inquest conclusions of unlawful killing may properly be left to a jury where, on a possible and undistorted view of the facts, evidence could satisfy the six…

In an accusation-warrant extradition appeal, the seriousness of the alleged conduct and the likely penalty are distinct proportionality matters. Seriousness…

For extradition from the United Kingdom, the court must assess whether the requesting state’s assurances provide, in their practical application, a sufficient…

On a statutory appeal concerning professional disciplinary sanctions, the expiry date of an extended conditions of practice order made on a mandatory…

A local authority must assess care and support needs at the needs and eligible-needs stages without treating existing assistance as eliminating those needs.…

A public authority responsible for immigration bail accommodation must operate clear and effective arrangements for identifying potential care and support…

Where a pending Supreme Court decision may materially affect an extradition appeal, the court may stay a renewed permission application to await that decision.…

Judicial review does not provide a means of obtaining advance rulings on whether hypothetical future conduct will constitute a fact-sensitive offence. Where…

A judge is not disqualified merely because they previously decided a case involving the same party, including where the earlier decision was adverse. Recusal…

Permission to appeal an enforcement notice decision should be granted where a proposed ground raises an arguable and important question of law. The proper…

Applications to extend time for appealing in public law proceedings require a structured three-stage assessment: the seriousness or significance of the breach…

For an extradition appeal, a requested person who knowingly places herself beyond the requesting state’s legal process is a fugitive. Once that finding is…

An application to discharge interim relief is not ordinarily a rehearing of the original application. The court should start from the assumption that the order…

On an Article 8 extradition appeal, the appellate court asks whether the district judge’s proportionality conclusion was wrong. It focuses on the outcome…

A local authority’s decision fixing care-home fees under a provider contract may be amenable to judicial review where it also exercises statutory…

Procedural fairness in a Parole Board oral hearing is assessed by the court for itself. The claimant must establish that the procedure was unfair, rather than…

A tribunal exercising the power to suspend indefinitely a practitioner’s right to make further restoration applications must identify the specific reasons why…

A public authority’s failure to consider a statutory duty is unlawful only where the duty is an expressly mandatory consideration or is so obviously material…

A decision to place or retain a prisoner in a separation centre is highly significant and attracts substantial procedural fairness. Where disputed allegations…

A privately owned house occupied solely as a family home may constitute a hereditament and a dwelling for council tax purposes. Neither commercial use…

In a planning judicial review, the court distinguishes late filing of a claim form from late service. The strict approach applicable to retrospective…

Misconduct under the Medical Act 1983 is determined by the statutory scheme and applicable professional guidance. There are no closed categories, and conduct…

A person may be detained only where the detaining authority can identify lawful authority. Prison administrative procedures and delays in completing release…

In police misconduct proceedings, a panel must follow the structured approach in the applicable outcomes guidance. It must assess the seriousness of the proven…

Fugitive status does not require criminal proceedings to have begun, nor does it invariably require breach of an existing obligation. The question is whether…

A serious crime prevention order may be made where the court is satisfied that the person has been involved in serious crime and has reasonable grounds to…

Apparent bias is assessed by asking whether a fair-minded and informed observer, having considered all relevant circumstances, would conclude that there was a…

For Extradition Act 2003, section 20, deliberate absence is assessed by reference to the trial process resulting in the conviction, including an appeal forming…

In a statutory appeal from a Medical Practitioners Tribunal, disagreement with factual findings or sanction does not establish an appealable error. Where an…

A public decision-maker may refuse to grant or consider a proposed lease where the decision is based on relevant professional evidence, financial…

Immigration permission may be cancelled where a person works outside the conditions of limited leave. Unpaid work is not necessarily “voluntary work”. Where…

Fugitive status in extradition is assessed subjectively. The requested person must knowingly and deliberately place himself beyond the reach of the relevant…

A public consultation is unlawful only where the process is so unfair as to constitute a legal breach of procedural fairness. The assessment is fact-sensitive…

Minimum procedural fairness requires a Universal Credit claimant to be told that a landlord seeks a diversionary managed payment or rent-arrears third-party…

Communications from a defendant to the Administrative Court about removal arrangements must comply with Civil Procedure Rules 1998, CPR 39.8, once proceedings…

For a requested person to have deliberately absented himself from trial under section 20(3) of the Extradition Act 2003, the requesting authority must prove an…

Permission to appeal an enforcement notice decision requires a real prospect of success or another compelling reason for the appeal to be heard. The appellate…

Section 9 of the Domestic Violence, Crime and Victims Act 2004 deliberately adopts an open-textured test. A death may appear to have resulted from violence…

On an appeal under section 40 of the Medical Act 1983, an appellate court should be very slow to interfere with primary findings of fact made by a Medical…

For a costs order under section 19 of the Prosecution of Offences Act 1985, the question is not merely whether the evidence was too weak to satisfy the…

Paragraph 3 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 restricts support to a family in an excluded immigration category to the extent…

A coroner has broad discretion to determine the scope of an inquest. The High Court should interfere only for a recognised public law error, including…