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 : 7 positive; 8 neutral; most recently considered: 2024. Subsequent citations: 221.
  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: 179.
  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
• Secretary of State for the Environment, Food and Rural Affairs v Meier

  31 Jul 2008 [2008] EWCA Civ 903; [2009] 1 WLR 828; [2009] PTSR 357; [2009] 1 All ER 614, CA

  01 Dec 2009 [2009] UKSC 11; [2009] 1 WLR 2780; [2010] PTSR 321; [2010] 1 All ER 855; [2009] WLR (D) 347; Case details, SC(E)

  Subsequent considerations : 2 neutral; most recently considered: 2023. Subsequent citations: 45.
  INJUNCTION — Trespass — Order for possession
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  Case index catchwords

  INJUNCTION — Trespass — Order for possession — Gipsies and travellers — Travellers in trespassory occupation of area of woodland owned by Secretary of State — Fear of travellers moving to other areas of woodland also owned by Secretary of State but distinct from that occupied by defendants — Secretary of State's application for possession order against defendants in respect of other land — Whether power in court to grant — Whether discretion to refuse order extending to other land order “real danger” of further occupation shown — Injunction to restrain further occupation — Whether appropriate — Government guidance on unauthorised encampments — Effect and relevance — CPR Pt 55

  INJUNCTION — Trespass — Order for possession — Gipsies and travellers — Travellers in trespassory occupation of area of woodland owned by Secretary of State — Fear of travellers moving to other areas of woodland also owned by Secretary of State but distinct from that occupied by defendants — Secretary of State's application for possession order against defendants in respect of other land — Whether power in court to grant — Injunction to restrain occupation — Whether appropriate — Government guidance on unauthorised encampments — Effect and relevance — CPR Pt 55

  5 Case(s) considered

  1 Statutory Instrument considered
• De-Winter Heald v Brent London Borough Council (Al-Jarah v Brent London Borough Council)

  20 Aug 2009 [2009] EWCA Civ 930; [2010] 1 WLR 990; [2010] PTSR 572; [2009] LGR 937; [2009] WLR (D) 289, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Review of local authority decision — Local authority delegating statutory reviews of housing decisions to independent reviews manager — Whether permissible to delegate performance of review to someone other than local authority officer or employee — Whether review conducted by someone other than local authority officer or employee unlawful — Whether independent reviews manager biased — Housing Act 1996, ss 202, 203 — Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996, art 3

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Land Securities plc v Fladgate Fielder

  18 Dec 2009 [2009] EWCA Civ 1402; [2010] Ch 467; [2010] 2 WLR 1265; [2010] PTSR 1246; [2010] 2 All ER 741; [2009] WLR (D) 380, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 17.
  TORT — Cause of action — Abuse of civil process
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  Case index catchwords

  TORT — Cause of action — Abuse of civil process — Defendant bringing judicial review proceedings challenging grant of planning permissions — Proceedings delaying claimants’ redevelopment projects — Defendants allegedly bringing proceedings as means of obtaining financial advantage from claimant rather than to quash planning decisions — Claimants bringing action for abuse of process for damages for loss caused by delay to redevelopment projects — Whether claim for abuse of process lying in respect of economic loss — Whether tort applying to judicial review proceedings — Whether defendants acting for improper or collateral advantage rendering proceedings abusive

  7 Case(s) 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 : 4 positive; 2 neutral; 1 negative; most recently considered: 2025. Subsequent citations: 110.
  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: 3.
  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
• Central Bedfordshire Council v Housing Action Zone Ltd (Secretary of State for Communities and Local Government intervening)

  23 Jun 2009 [2009] EWCA Civ 613; [2010] 1 WLR 446; [2010] PTSR 66; [2010] 1 All ER 516; [2009] LGR 773; [2009] WLR (D) 232, CA

  Subsequent considerations : 2 neutral; most recently considered: 2010. Subsequent citations: 7.
  LOCAL GOVERNMENT — Powers — Trespassers
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  Case index catchwords

  LOCAL GOVERNMENT — Powers — Trespassers — Local authority seeking possession order against unauthorised occupiers of premises — Occupiers largely unknown to local authority at date of decision to recover possession — Occupiers contending possession proceedings unjustified interference with Convention rights — Whether local authority decision to recover possession lawful act of public authority — Whether court limited to examination of initial decision to recover possession — Whether entitled to examine lawfulness of decision to continue proceedings even if made at possession hearing — Extent to which personal circumstances of occupiers relevant — Human Rights Act 1998, s 6(1), Sch 1, Pt I, art 8

  3 Case(s) considered

  1 Statute 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 : 4 positive; 2 negative; most recently considered: 2025. Subsequent citations: 51.
  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: 2.
  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