Results: 122

• R (Cart) v Upper Tribunal (Public Law Project intervening) (R (C) v Special Immigration Appeals Commission (Public Law Project intervening), R (U) v Special Immigration Appeals Commission (Public Law Project intervening))

  01 Dec 2009 [2009] EWHC 3052 (Admin); [2011] QB 120; [2010] 2 WLR 1012; [2010] PTSR 824; [2010] 1 All ER 908; [2010] STC 493, DC

  23 Jul 2010 [2010] EWCA Civ 859; [2011] QB 120; [2011] 2 WLR 36; [2011] PTSR 42; [2010] 4 All ER 714; [2010] STC 2556; [2010] WLR (D) 198, CA (Laws LJ, Owen J)

  22 Jun 2011 [2011] UKSC 28; [2012] 1 AC 663; [2011] 3 WLR 107; [2011] PTSR 1053; [2011] 4 All ER 127; [2011] STC 1659; [2012] 1 FLR 997; [2011] WLR (D) 203; Case details, SC(E)

  Subsequent considerations : 6 positive; 5 neutral; most recently considered: 2021. Subsequent citations: 158.
  JUDICIAL REVIEW — Court's jurisdiction — Special Immigration Appeals Commission

  JUDICIAL REVIEW — Court's jurisdiction — Upper Tribunal
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  Case index catchwords

  JUDICIAL REVIEW — Court's jurisdiction — Special Immigration Appeals Commission — Commission “superior court of record” — Commission revoking and refusing bail on basis of closed evidence without disclosing gist to claimants — Decisions unappealable — Whether commission alter ego of High Court — Whether decisions susceptible to judicial review — Whether violating claimants' Convention rights — Special Immigration Appeals Commission Act 1997, s 1(3) (as inserted by Anti-terrorism, Crime and Security Act 2001, s 35)

  JUDICIAL REVIEW — Court's jurisdiction — Upper Tribunal — Tribunal “superior court of record” — Tribunal refusing permission to appeal to itself — Decision unappealable — Whether tribunal alter ego of High Court — Whether decision susceptible to judicial review — Tribunals, Courts and Enforcement Act 2007, s 3(5)

  16 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• R (Morge) v Hampshire County Council

  17 Nov 2009 [2009] EWHC 2940 (Admin); [2010] Env LR 432, QBD (Judge Bidder QC)

  10 Jun 2010 [2010] EWCA Civ 608; [2010] PTSR 1882; [2010] LGR 961; [2010] WLR (D) 145, CA

  19 Jan 2011 [2011] UKSC 2; [2011] 1 WLR 268; [2011] PTSR 337; [2011] 1 All ER 744; [2011] LGR 271; [2011] WLR (D) 5; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 124.
  EUROPEAN UNION — Environment — Natural habitats

  PLANNING — Development — Natural habitats
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  Case index catchwords

  EUROPEAN UNION — Environment — Natural habitats — Local planning authority granting permission for development affecting species or habitat of European protected species — Whether effects of development constituting “deliberate disturbance” of protected species — Whether planning decision made in breach of requirements of Council Directive — Council Directive 92/43/EEC, art 12(1)(b)

  PLANNING — Development — Natural habitats — European protected species — Local planning authority granting planning permission for development affecting species or habitat of bats — Whether effects of development constituting “deliberate disturbance” of protected species — Whether necessary to consider indirect, as well as direct, impact upon “deterioration or destruction of breeding sites or resting places” — Whether planning decision made in breach of requirements of Habitats Directive — Conservation (Natural Habitats, &c) Regulations 1994 (as amended by Conservation (Natural Habitats, &c) (Amendment) Regulations 2007, reg 5 and Conservation (Natural Habitats, &c) (Amendment) (England and Wales) Regulations 2009, reg 7), regs 3(4), 39 — Council Directive 92/43/EEC, art 12(1)(b)(d)

  5 Case(s) considered

  2 Words & Phrases considered

  1 EU Enactment considered

  1 Statutory Instrument considered
• R (E) v Governing Body of JFS (United Synagogue intervening) (R (E) v Schools Adjudicator (British Humanist Association intervening))

  03 Jul 2008 [2008] EWHC 1535 (Admin); [2008] EWHC 1536 (Admin); [2008] ELR 445, QBD (Munby J)

  25 Jun 2009 [2009] EWCA Civ 626; [2009] PTSR 1442; [2009] 4 All ER 375; [2009] WLR (D) 209, CA (Sedley, Smith, Rimer LJJ)

  16 Dec 2009 [2009] UKSC 15; [2010] 2 AC 728; [2010] 2 WLR 153; [2010] PTSR 147; [2010] 1 All ER 319; [2009] WLR (D) 366; Case details, SC(E)

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 94.
  DISCRIMINATION — Race — Less favourable treatment

  EDUCATION — School — Admissions
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  Case index catchwords

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  9 Case(s) considered

  1 Statute considered

• Wallis v Bristol Water plc

  10 Dec 2009 [2009] EWHC 3432 (Admin); [2010] PTSR 1986; [2009] WLR (D) 362, DC

  Subsequent citations: 1.
  WATER — Water supply — Contamination
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  Case index catchwords

  WATER — Water supply — Contamination — Defendant charged with offences of having connected water fitting in such manner as was “likely to cause” contamination of water supplied by water undertaker — Whether “likely” meaning “probably” or “real possibility” — Whether severity of consequences relevant in assessing likelihood of contamination — Water Supply (Water Fittings) Regulations 1999, reg 3(2)(i) (as amended by Water Act 2003 (Consequential and Supplementary Provisions) Regulations 2005, reg 8)

  1 Case considered

  1 Words & Phrases considered

  1 Statutory Instrument considered
• R (Child Poverty Action Group) v Secretary of State for Work and Pensions

  27 Feb 2009 [2009] EWHC 341 (Admin); [2009] 3 All ER 633, QBD (Michael Supperstone QC sitting as a deputy High Court judge)

  14 Oct 2009 [2009] EWCA Civ 1058; [2010] 1 WLR 1886; [2010] PTSR 958; [2010] 2 All ER 113; [2009] WLR (D) 296, CA (Sedley, Lloyd, Wilson LJJ)

  08 Dec 2010 [2010] UKSC 54; [2011] 2 AC 15; [2011] 2 WLR 1; [2011] PTSR 185; [2011] 1 All ER 729; [2010] WLR (D) 322; Case details, SC(E) (Lord Phillips of Worth Matravers PSC, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood, Lord Kerr of Tonaghmore, Dyson JJSC)

  Subsequent considerations : 3 positive; 2 negative. Subsequent citations: 39.
  SOCIAL SECURITY — Overpayment of benefit — Recovery
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  Case index catchwords

  SOCIAL SECURITY — Overpayment of benefit — Recovery — Statutory right of recovery limited to misrepresentation or non-disclosure — Whether Secretary of State entitled at common law to recover benefits paid by mistake under erroneous award — Social Security Administration Act 1992, s 71(1)

  4 Case(s) considered

  1 Statute considered

• R (Conservative and Unionist Party) v Election Comr

  19 Feb 2010 [2010] EWHC 285 (Admin); [2010] PTSR 937, QBD

  23 Nov 2010 [2010] EWCA Civ 1332; [2011] PTSR 416; [2010] WLR (D) 296, CA

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Election — Petition
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  Case index catchwords

  LOCAL GOVERNMENT — Election — Petition — Costs — Election court ordering respondent to pay successful petitioner's costs — Respondent failing to pay costs — Petitioner applying to election commissioner for order for costs against non-party which funded respondent's defence — Scope of power to award costs against non-party — Senior Courts Act 1981, s 51(1)(3) (as substituted by Courts and Legal Services Act 1990, s 4(1)) — Representation of the People Act 1983 (as amended by Representation of the People Act 1985, s 24, Sch 4, para 51(a)), ss 145, 154(1), 156

  3 Case(s) considered

  2 Statutes considered
• R (Weaver) v London and Quadrant Housing Trust (London & Quadrant Housing Trust v Weaver)

  24 Jun 2008 [2008] EWHC 1377 (Admin); [2009] 1 All ER 17; (2008) 158 NLJ 969; The Times, 8 July 2008, DC (Richards LJ, Swift J)

  18 Jun 2009 (Equality and Human Rights Commission intervening) [2009] EWCA Civ 587; [2010] 1 WLR 363; [2010] PTSR 1; [2009] 4 All ER 865; [2009] LGR 963; [2009] WLR (D) 202; The Times, 26 August 2009, CA (Rix LJ, Lord Collins of Mapesbury, Elias LJ)

  Subsequent considerations : 2 positive. Subsequent citations: 23.
  HUMAN RIGHTS — Public authority — Functions of public nature
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  Case index catchwords

  HUMAN RIGHTS — Public authority — Functions of public nature — Registered social landlord seeking possession order on mandatory grounds against assured tenant — Whether registered social landlord “public authority” exercising “functions of a public nature” when terminating tenancy — Whether “nature of the act … private” — Whether decision of registered social landlord susceptible to judicial review — Human Rights Act 1998, s 6(3)(b)(5)

  HUMAN RIGHTS — Public authority — Functions of public nature — Registered social landlord bringing action against tenant for possession on mandatory grounds — Tenant seeking judicial review of decision to seek possession — Tenant alleging breach of her legitimate expectation that all reasonable alternatives would be pursued before claiming possession — Whether registered social landlord public authority — Whether performing functions of public nature — Whether amenable to judicial review on Convention rights or conventional public law grounds — Whether legitimate expectation made out — Housing Act 1996, Pt I — Human Rights Act 1998, s 6(3)(b)

  6 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered

• R (Ethos Recycling Ltd) v Barking and Dagenham Magistrates’ Court

  13 Nov 2009 [2009] EWHC 2885 (Admin); [2010] PTSR 787; [2009] WLR (D) 331, DC (Scott Baker LJ, Cranston J)

  Subsequent citations: 1.
  PUBLIC HEALTH — Statutory nuisance — Abatement notice
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  Case index catchwords

  PUBLIC HEALTH — Statutory nuisance — Abatement notice — Local authority serving abatement notice on claimant — Whether Secretary of State's consent required before service of notice — Whether service of abatement notice nullity due to lack of consent — Whether “summary proceedings” — Environmental Protection Act 1990 (as amended by Environmental Protection Act 1990, Sch 16, Pt I, Noise and Statutory Nuisance Act 1993, s 3, Environment Act 1995, Sch 17, paras 2(d), 3, Pollution Prevention and Control Act 1999, Sch 2, para 6, Pollution Prevention and Control (England and Wales) Regulations 2000, Sch 10, para 7 and Clean Neighbourhoods and Environment Act 2005, ss 86, 102), ss 79(10), 80

  1 Words & Phrases considered

  1 Statute considered
• Maga v Archbishop of Birmingham

  22 Apr 2009 [2009] EWHC 780 (QB), QBD

  16 Mar 2010 [2010] EWCA Civ 256; [2010] 1 WLR 1441; [2010] PTSR 1618; [2010] WLR (D) 76, CA

  Subsequent considerations : 1 positive; 3 neutral. Subsequent citations: 14.
  LIMITATION OF ACTION — Period of limitation — Disability

  VICARIOUS LIABILITY — Employment — Course of employment
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  Case index catchwords

  LIMITATION OF ACTION — Period of limitation — Disability — Claimant having learning difficulties and epilepsy — Whether claimant “under a disability” — Whether matter of judgment for first instance tribunal — Limitation Act 1980, s 28(1)

  VICARIOUS LIABILITY — Employment — Course of employment — Roman Catholic priest with responsibility for youth work with both Catholics and non-Catholics — Non-Catholic boy sexually abused by priest on church premises and elsewhere after attending youth activities — Whether Roman Catholic archdiocese as employer vicariously liable for abuse by priest — Whether sufficient connection between acts of abuse and work priest employed to do

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Risk Management Partners Ltd v Brent London Borough Council

  16 May 2008 [2008] EWHC 1094 (Admin); [2008] LGR 429, QBD (Stanley Burnton LJ)

  09 Jun 2009 [2009] EWCA Civ 490; [2010] PTSR 349; [2010] LGR 99; [2009] WLR (D) 179, CA

  09 Feb 2011 [2011] UKSC 7; [2011] 2 AC 34; [2011] 2 WLR 166; [2011] PTSR 481; [2011] 2 All ER 209; [2011] LGR 16; [2011] 2 CMLR 26; The Times, 10 February 2011; Case details, SC(E)

  Subsequent citations: 46.
  LOCAL GOVERNMENT — Powers — Mutual insurance
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  Case index catchwords

  LOCAL GOVERNMENT — Powers — Mutual insurance — Local authority and other London local authorities establishing mutual insurance company — Claimant company submitting tender for insurance contract to local authority — Mutual insurer not submitting tender — Authority awarding insurance business to mutual insurance company — Whether “contract” between authority and mutual insurance company — Whether authority acting in breach of public contract legislation — Whether claimant entitled to compensation — Date from which compensation payable — Public Contract Regulations 2006, reg 47(7)(b) — European Parliament and Council Directive 2004/18/EC

  2 Case(s) considered

  1 Words & Phrases considered