Administrative - 1993

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This page lists 15 cases, and was prepared on 04 October 2008.

Regina -v- Life Assurance Unit Trust Regulatory Authority Organisation Ltd, ex parte Ross [1993] QB 17
1993	Administrative	Casemap 1 Citers
	There are circumstances where it is not possible to allow representations to be made before the decision, in which case they should be allowed afterwards.

Regina -v- Canterbury Council ex parte Springimage Limited [1993] 3 PLR 58; [1993] 68 P & CR 171
1993 David Keene QC	Administrative	Casemap 1 Cites 1 Citers
	The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The applicant had an option to purchase land nearby. David Keene QC: "It seems to me to be clear that both the Fleet Street casuals case and the Rose Theatre case distinguish between on the one hand the generality of the public, every member of which has a general interest in seeing the law obeyed and public duties properly performed, and on the other hand the person who has a particular interest in the matter above the generality. Mr.Michael Barnes QC, for the present applicant, accepts that he has to bring himself within that second category of the person having a particular interest above that possessed by the general citizenry... It is clear on the authorities that if the commercial interest of a person may realistically be affected by a decision in a way not common to the general run of the public, then that provides not only a particular interest on the part of the person concerned, but also a sufficient one for the purposes of judicial review." and "The principle put forward by Mr Barnes is that someone who is or may be commercially affected by a development for which permission has purportedly been given does have a sufficient interest above that of the generality of citizens to enable him to bring judicial review. I accept that proposition, so long as there is a real possibility of such an effect and not merely a theoretical one".

Regina -v- Jockey Club ex parte R A M Racecourses Ltd [1993] 2 All ER 225
1993 Stuart Smith LJ	Administrative	Casemap 1 Citers
	For there to be a breach of procedural fairness giving rise to a legitimate expectation, there must be shown "a clear and unambiguus representation."

Airedale NHS Trust -v- Bland [1993] AC 789; [1993] 2 WLR 316; [1992] UKHL 5
4 Feb 1993 HL Lord Keith of Kinkel, Lord Goff of Chieveley, Lord Lowry, Lord Browne-Wilkinson and Lord Mustill	Health, Health Professions, Administrative, Crime	Casemap 1 Citers
	The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed an order of the Court of Appeal permitting the action. Held: The appeal failed. The practitioners sought to act in accordance with medical practice, but until the practice was universally accepted, applications should continue to be made to the Family Division. The issues should be considered urgently by Parliament. Any justification for invasive treatment no longer existed, and the doctors were correct to seek to discontinue treatment. The patient could himself no longer choose. It would not be unlawful to cease to provide the treatment which it had previously been a duty to perform.
	Link[s] omitted

Regina -v- Devon County Council Ex Parte Baker, Regina -v- Durham County Council Ex Parte Broxson [1995] 1 All ER 73
22 Feb 1993 CA Simon Brown LJ	Local Government, Administrative	Casemap 1 Citers
	A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to be considered. Considering legitimate expectations: "Sometimes the phrase is used to denote a substantive right: an entitlement that the claimant asserts cannot be denied him.....various authorities show that the claimants right will only be found established when there is a clear and unambiguous representation upon which it was reasonable for him to rely. Then the administrator or other public body will be held bound in fairness by the representation made unless only its promise or undertaking as to how its power would be exercised is inconsistent with the statutory duties imposed upon it. The doctrine employed in this sense is akin to an estoppel. In so far as the public body’s representation is communicated by way of a stated policy, this type of legitimate expectation falls into two distinct sub categories: cases in which the authority are held entitled to change their policy even so as to effect the claimant, and those in which they are not."

Chief Adjudication Officer and Another -v- Foster [1993] AC 754
7 Apr 1993 HL	Benefits, Administrative	Casemap 1 Citers
	The Social Security Commissioners have the jurisdiction and power to decide if a regulation is ultra vires the powers under which it purports to have been made.
	Statute References omitted

Hellenic Republic -v- Commission of the European Communities (Rec 1993,p I-3433) (Judgment) Case C-56/91; C-56/91; [1993] EUECJ C-56/91
22 Jun 1993 ECJ	European, Administrative, Agriculture
	Europa 1. Where the Court finds in a number of judgments that practices exist in a Member State which are incompatible with the Community rules on the common organizations of the markets and that that Member State has consistently resisted the Commission' s requests for on-the-spot inquiries, the Commission is entitled, in the context of the procedure for the clearance of EAGGF accounts, to consider that those practices continued after the period to which the Court' s findings related and, in the absence of proof to the contrary from the Member State concerned, to refuse to charge to the EAGGF expenditure in the sector affected by the unlawful practices. 2. It is for the national authorities which subsequently amend figures of decisive significance for the purposes of the calculation of the amount which the Member State concerned owes to the EAGGF in connection with the co -responsibility levy in the cereals sector to provide sufficient specific information to justify that change. 3. Where the Commission, after receiving a complaint regarding the total forfeiture of a security given by an economic operator which has purchased intervention products, has informed the national authorities concerned that it is possible to recalculate the amount of the security having to be regarded as definitively forfeit and makes that recalculation conditional solely on the primary obligation undertaken by the operator being fulfilled, the national authorities cannot be criticized, on the clearance of the EAGGF accounts, for having effected that recalculation in accordance with a method consistent with the content of the communication sent to them, even though it may be incorrect or incomplete.
	Link[s] omitted

Wood -v- Law Society
28 Jul 1993 QBD Otton J	Negligence, Legal Professions, Administrative	Casemap 1 Citers
	The claimant said that her several complaints to the Law Society about her former solicitor had been negligently handled. Held: There is no general duty of care owed to clients, or opponents, of solicitors on the part of the Law Society, as to the manner in which they exercise their duties and discretions under the Solicitor's Act.
	Statute References omitted

Regina -v- Secretary of State for Foreign and Commonwealth Affairs ex parte Rees-Mogg [1994] 2 WLR 115; [1994] 1 ALL ER 457; [1994] QB 552; [1993] EWHC Admin 4
30 Jul 1993 Admn	Administrative, European, Constitutional	Casemap 1 Citers
	The applicant, a former editor of the Times, sought judicial review of the decision by the respondent to ratify the EU Treaty (Maastricht), saying that it would increase the powers if the European Parliament without it having been approved by Parliament, and would transfer the Royal Prerogative in conection with the power to enter into treaties without parliamentary approval. Held: Judicial Review was refused. The 1993 Act had referred to ratification of the protocols, and therefore Parliament had approved. The social policy protocol had been excluded from ratification and was not to be incorporated into domestic law. Domestic law was not therefore amended. Whilst the court had jurisdiction to consider the ratification of Title V of the Treaty relating to foreign and social policy, but it involved no question of domestic law. Ratification was an exercise of the prerogative power, not its abandonment. In a rare case a public-spirited individual may be permitted to apply for judicial review in relation to a matter in which he has no direct personal interest separate from that of the population as a whole.
	Statute References omitted
	Link[s] omitted

Regina -v- Universities Funding Council ex parte Institute of Dental Surgery [1994] 1 WLR 242
28 Sep 1993 QBD Sedley J	Education, Administrative	Casemap 1 Citers
	A body not giving reasons for its decision was not acting inherently unfairly, and particularly not where the decision was a collective one. It could be artificial to try to set out reasons made by a body of people.

Regina -v- Parliamentary Commissioner for Administration ex parte Dyer [1994] 1 WLR 621
26 Oct 1993 QBD	Administrative, Judicial Review	Casemap 1 Citers
	Parliamentary Commissioners decisions are reviewable, but range of the discretion given to him by the Act is very wide, and his decisions will only rarely be susceptible to review. He is answerable to Parliament.
	Statute References omitted

Regina -v- Secretary of State for the Home Department ex parte Chahal [1995] 1 All ER 658
27 Oct 1993 CA Staughton LJ, Neill LJ	Immigration, Administrative	Casemap 1 Cites 1 Citers
	Chahal was a Sikh separatist leader who was refused asylum and whom the Secretary of State proposed to deport to India as a threat to national security here. Held: The Home Secretary must balance the need to deport against against any threat to the deportee's safety, but his decision was only to be challenged if it was irrational or perverse or unlawful. The court was entitled to look at the assessment made of the risks to the applicant should he be deported in order to determine whether the rejection of the asylum claim was Wednesbury unreasonable. Neill LJ concluded that "That the court has power to examine the grounds on which a deportation order is made even where the interests of national security are relied upon, though in practice the the court's power of scrutiny may be limited."
	Statute References omitted

Regina -v- Law Society, ex parte Curtin
3 Dec 1993 CA	Legal Professions, Administrative
	The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name.
	Statute References omitted

Daemen -v- Commission (Rec 1993,p II-1491) T-91/92; [1993] EUECJ T-91/92
16 Dec 1993 ECFI	European, Administrative
	Europa Officials Competition based on tests Conduct of tests Anonymity rule Breach attributable to a candidate Paper of the person concerned nullified
	Link[s] omitted

Mariette Turner v Commission of the European Communities (Rec 1993,p II-1465) T-80/92; [1993] EUECJ T-80/92
16 Dec 1993 ECFI	European, Administrative
	Europa In determining whether a measure is a transfer or a reassignment, the Court cannot be bound by the legal classification adopted by the parties. There is a transfer under the term only where it is to a vacant post. Any transfer is subject to Articles 4 and 29. Those formalities do not apply to an official reassigned with his post.
	Link[s] omitted