Results: 136

• Shergill v Khaira

  17 Jul 2012 [2012] EWCA Civ 983; [2012] PTSR 1697; [2012] WLR (D) 214, CA

  04 Feb 2013 (appn all) [2013] PTSR 377, SC(E)

  20 Dec 2013 (Compromise of action) [2013] EWHC 4162 (Ch); [2014] CN 114, Ch D (Judge Purle QC)

  11 Jun 2014 [2014] UKSC 33; [2015] AC 359; [2014] 3 WLR 1; [2014] PTSR 907; [2014] 3 All ER 243; [2014] WLR (D) 263; Case details, SC(E)

  Subsequent considerations : 3 positive; 4 neutral; most recently considered: 2021. Subsequent citations: 39.
  CHARITY — Trustees — Power to appoint

  CHARITY — Charity proceedings — Compromise of action
  Expand

  Case index catchwords

  CHARITY — Trustees — Power to appoint — Temples established under charitable trust to promote beliefs of Sikh religious sect — Dispute as to whether particular individual was spiritual successor having power under trust deed to appoint trustees — Claim for declaration that claimant trustees lawfully appointed by spiritual successor — Whether issue involving determination of religious belief — Whether issue justiciable

  CHARITY — Charity proceedings — Compromise of action — Defendants alleging binding agreement compromising appeal — Whether being agreement reached

  7 Case(s) considered

• Aylesbury Vale District Council v Call a Cab Ltd

  12 Nov 2013 [2013] EWHC 3765 (Admin); [2014] PTSR 523; [2014] RTR 451; [2013] WLR (D) 482, DC

  LICENSING — Hackney carriage — Byelaws
  Expand

  Case index catchwords

  LICENSING — Hackney carriage — Byelaws — Validity — District council purporting to pass resolution making private hire vehicles subject to statutory hackney carriage licensing regime — Statute requiring council to give notification of resolution to all affected parish councils — Council subsequently prosecuting defendants for breaches of private hire vehicle licensing regime — Whether failure to notify all parish councils invalidating resolution — Whether resolution giving effect to licensing regime lawful — Local Government (Miscellaneous Provisions) Act 1976, ss 45(3), 46

  1 Statute considered

• R (HS2 Action Alliance Ltd) v Secretary of State for Transport

  06 Aug 2014 [2014] EWHC 2759 (Admin); [2014] PTSR 1334; [2014] CN 1471, QBD (Lindblom J)

  09 Dec 2014 [2014] EWCA Civ 1578; [2015] PTSR 1025; [2014] WLR (D) 526, CA

  Subsequent citations: 2.
  PLANNING — Development — Environmental assessment
  Expand

  Case index catchwords

  PLANNING — Development — Environmental assessment — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive2001/42/EC, arts 2(a), 3(2)

  PLANNING — Development — Environmental assessment — Major national railways project — Secretary of State making safeguarding directions for phase 1 of project — Whether directions constituting “plan or programme setting framework for future development consent” — Whether directions to be assessed under regime for strategic environmental assessment — Parliament and Council Directive 2001/42/EC, arts 2(a), 3(2)

  1 Case considered

  1 Words & Phrases considered

  1 EU Enactment considered
• R (Members of the Committee of Care North East Northumberland) v Northumberland County Council

  15 Feb 2013 [2013] EWHC 234 (Admin); [2013] PTSR 1130; [2013] LGR 265, QBD (Supperstone J)

  27 Nov 2013 [2013] EWCA Civ 1740; [2014] PTSR 758; [2013] WLR (D) 460, CA

  Subsequent considerations : 2 positive. Subsequent citations: 8.
  LOCAL GOVERNMENT — Community care services — Persons in need of care and attention
  Expand

  Case index catchwords

  LOCAL GOVERNMENT — Community care services — Persons in need of care and attention — Care home fees — Cost of supporting vulnerable people in care homes met by local social services authority — Local authority fixing care home rates for three years — Whether authority erring — Whether compliance with statutory guidance to have “due regard” to actual costs of providing care — Local Authority Social Services Act 1970, s 7(1)

  6 Case(s) considered

  1 Statute considered
• R (Cherkley Campaign Ltd) v Mole Valley District Council

  22 Aug 2013 [2013] EWHC 2582 (Admin); [2014] PTSR D1; [2014] 1 P & CR 12; [2014] ACD 42; [2013] WLR (D) 340; (2013) 157(34) SJLB 40, QBD (Haddon-Cave J)

  15 Nov 2013 [2013] EWHC 3558 (Admin); [2013] CN 1735, QBD (Haddon-Cave J)

  07 May 2014 [2014] EWCA Civ 567; [2014] PTSR D14; [2014] WLR (D) 199, CA

  10 Nov 2014 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive. Subsequent citations: 61.
  COSTS — Assessment — Assessment of costs following successful judicial review of refusal of planning permission

  JUDICIAL REVIEW — Claimant's interest — Limited company

  PLANNING — Development — Local plan
  Expand

  Case index catchwords

  COSTS — Assessment — Assessment of costs following successful judicial review of refusal of planning permission — Claimant unsuccessful on some issues — Whether claimant to suffer discount from normal order for its costs

  JUDICIAL REVIEW — Claimant's interest — Limited company — Opponents of development forming limited company to challenge grant of planning permission — Whether company having sufficient interest to claim judicial review

  PLANNING — Development — Local plan — Policies of local authority’s local plan saved beyond transitional period by direction of Secretary of State — Text supporting saved policy stating requirement to demonstrate “need” for new golf course — Local authority granting permission to develop new course — Whether supporting text saved with policy — Whether requirement of need in supporting text to be read into policy — Meaning of “need” — Whether local authority applying correct test — Town and Country Planning Act 1990, s 36 — Planning and Compulsory Purchase Act 2004, Sch 8, para 1(3) — Town and Country Planning (Development Plan) Regulations 1999, reg 7

  2 Statutes considered

  1 Statutory Instrument considered

• R (Evans) v Cornwall Council

  20 Dec 2013 [2013] EWHC 4109 (Admin); [2014] PTSR 556; [2013] WLR (D) 510, QBD (Judge Birtles)

  Subsequent citations: 1.
  PLANNING — General permitted development — Material considerations
  Expand

  Case index catchwords

  PLANNING — General permitted development — Material considerations — Notification of proposed agricultural development in vicinity of listed building and areas of archaeological interest — Local planning authority determining prior approval not required — Whether factors material under planning Acts material considerations in determining prior approval notices — Whether authority failing to take material considerations into account — Town and Country Planning (General Permitted Development) Order 1995, Sch 2, Pt 6, A.2(2)

  1 Case considered

  1 Statutory Instrument considered

• R (Core Issues Trust) v Transport for London

  22 Mar 2013 [2013] EWHC 651 (Admin); [2013] PTSR 1161; [2013] CN 462, QBD (Lang J)

  27 Jan 2014 (Secretary of State for Culture, Media and Sport intervening) [2014] EWCA Civ 34; [2014] PTSR 785; [2014] WLR (D) 35, CA

  23 Jul 2014 (appn dis) [2014] PTSR 1165, SC(E)

  Subsequent citations: 6.
  HUMAN RIGHTS — Freedom of expression — Religion or belief
  Expand

  Case index catchwords

  HUMAN RIGHTS — Freedom of expression — Religion or belief — Advertisement on bus — Claimant Christian organisation seeking to post advertisement on buses opposing homosexual experience — Public authority owning buses refusing to post advertisement — Whether refusal contrary to claimant’s right to freedom of expression — Whether refusal discriminating against claimant — Whether right to manifest religion or belief infringed — Human Rights Act 1998, Sch 1, Pt I, arts 9, 10, 14 — Equality Act 2010, ss 12(1), 149(1)

  HUMAN RIGHTS — Freedom of expression — Religion or belief — Advertisement on bus — Claimant Christian organisation seeking to post advertisement on buses implying that homosexual orientation capable of being changed — Public authority responsible for securing provision of bus service requiring advertisements displayed on its buses to comply with its policies — Authority refusing to permit posting of advertisement — Whether refusal contrary to claimant’s Convention right to freedom of expression — Whether Convention right to manifest religion or belief infringed — Whether refusal unlawfully discriminating against claimant — Human Rights Act 1998, Sch 1, Pt I, arts 9, 10, 14 — Equality Act 2010, ss 12(1), 149(1)

  5 Case(s) considered

  2 Statutes considered

• Haile v Waltham Forest London Borough Council

  13 Jun 2014 [2014] EWCA Civ 792; [2014] PTSR 1376; [2014] WLR (D) 257, CA

  30 Jul 2014 Permission to appeal to Supreme Court given

  20 May 2015 [2015] UKSC 34; [2015] AC 1471; [2015] 2 WLR 1441; [2015] PTSR 784; [2016] 1 All ER 579; [2015] WLR (D) 234; Case details, SC(E) (Lord Neuberger PSC, Lady Hale DPSC, Lord Clarke JSC, Lord Reed JSC, Lord Carnwath JSC)

  Subsequent citations: 7.
  LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally”
  Expand

  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally” — Applicant voluntarily leaving single occupancy hostel accommodation after becoming pregnant — Application to housing authority as homeless person with priority need — Applicant provided with temporary accommodation pending decision and subsequently giving birth to child — Whether intentionality of homelessness to be determined by reference to date on which applicant became homeless or date of local authority’s decision — Housing Act 1996, ss 191, 193

  LOCAL GOVERNMENT — Homeless persons — Whether “homeless intentionally” — Applicant voluntarily leaving single occupancy hostel accommodation but subsequently applying to local housing authority as homeless person with priority need due to pregnancy — Authority refusing to provide accommodation on ground applicant intentionally homeless — Applicant having given birth to child by time of authority’s refusal — Single occupancy requirement at hostel such as would have made applicant homeless in any event at date of authority’s decision — Whether break in causal connection between deliberate act in leaving available accommodation and homelessness at date of authority’s decision — Housing Act 1996, ss 191(1), 193(1)

  5 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• R (Andrews) v Secretary of State for Environment, Food and Rural Affairs

  08 May 2014 [2014] EWHC 1435 (Admin); [2014] PTSR 1253; [2014] 4 All ER 718; [2014] WLR (D) 195, QBD (Foskett J)

  01 Jul 2015 [2015] EWCA Civ 669; [2016] PTSR 112; [2016] 3 All ER 1022; [2015] WLR (D) 293, CA

  Subsequent citations: 4.
  HIGHWAY — Right of way — Definitive map

  HIGHWAY — Right of way — Creation
  Expand

  Case index catchwords

  HIGHWAY — Right of way — Definitive map — Claimant seeking modification of definitive map to show public bridleway purportedly created by 19th century inclosure award — Local authority refusing application on basis of inclosure commissioner lacking power to create public bridleways — Refusal upheld by Secretary of State on appeal — Claimant seeking judicial review of refusal — Whether creation of public bridleway ultra vires — Whether inclosure legislation precluding challenge to award — Inclosure (Consolidation) Act 1801, ss 10, 35 — Crudwell Inclosure Act 1816

  HIGHWAY — Right of way — Creation — Claimant seeking modification of definitive map to show public bridleway purportedly created by 19th century enclosure award — Local authority and Secretary of State refusing application on basis enclosure commissioner lacked power to create public bridleway — Whether creation of public bridleway ultra vires — Inclosure (Consolidation) Act 1801 (41 Geo 3, c 109), ss 10, 35 — Crudwell Inclosure Act 1816 (56 Geo 3, c 69)

  3 Case(s) considered

  2 Statutes considered
• R (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening)

  30 Jul 2014 [2014] EWHC 2647 (Admin); [2014] PTSR 1413; [2014] WLR (D) 347, QBD (Sales J)

  29 Apr 2015 [2015] EWCA Civ 435; [2015] PTSR 1398; [2015] WLR (D) 198, CA

  Subsequent considerations : 1 positive. Subsequent citations: 6.
  NATIONAL HEALTH SERVICE — Healthcare services — Provision of accommodation
  Expand

  Case index catchwords

  NATIONAL HEALTH SERVICE — Healthcare services — Provision of accommodation — Reasonable requirements — Whether defendant under obligation to provide claimant with accommodation free of charge as part of healthcare package —Whether defendant acting unlawfully in approach adopted to claimant’s accommodation needs —National Health Service Act 2006, s 3 (as amended by Health and Social Care Act 2012, s 13)

  NATIONAL HEALTH SERVICE — Healthcare services — Provision of accommodation — Reasonable requirements — Whether defendant under obligation to provide claimant with accommodation free of charge as part of continuing healthcare package — Whether defendant acting unlawfully in approach adopted to claimant’s accommodation needs — National Health Service Act 2006, s 3(1) (as amended by Health and Social Care Act 2012, s 13) — National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care (2012), para 33

  1 Case considered

  1 Statute considered

  1 Statutory Instrument considered