Administrative - 1994

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This page lists 9 cases, and was prepared on 04 January 2012.

Regina -v- Higher Education Funding Council, Ex parte Institute of Dental Surgery [1994] 1 WLR 241
1994 QBD Sedley J	Administrative	Casemap 1 Cites 1 Citers
	When considering whether a disciplinary board should have given reasons, the court may find the absence critical “where the decision appears aberrant”. “the giving of reasons may among other things concentrate the decision-maker’s mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and how the result has been reached; or alternatively alert the recipient to a justiciable flaw in the process.”

Regina -v- Institute of Chartered Accounts and Others, Ex Parte Brindle and Others [1994] BCC 297
12 Jan 1994 CA	Financial Services, Administrative	Casemap 1 Citers
	The Bank's liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly.

ISKCON -v- United Kingdom 20490/92; (1994) 18 EHRR CD 133
8 Mar 1994 ECHR	Human Rights, Planning, Administrative	Casemap 1 Citers
	(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an inspector the Secretary of State largely confirmed the enforcement notice. The High Court and the Court of Appeal rejected ISKCON'S appeal. On a complaint under the Convention the Commission recalled that an appeal under section 289 of the Town and Country Planning Act 1990 lay only on a point of law but it took into account that the local authority could only take proceedings within the limits of section 174 of that Act and that in accordance with its own structure plans and the policy guidance laid down by the Secretary of State ISKCON could then seek a determination as to whether the legal requirements had been met. Held: The Commission concluded: "The Commission recalls that the High Court dealt with each of ISKCON'S grounds of appeal on its merits, point by point, without ever having to decline jurisdiction. Moreover, it was open to ISKCON to contend in the High Court that findings of fact by the inspector and/or the Secretary of State were unsupported by evidence, as they could have argued that the administrative authorities failed to take into account an actual fact or did take into account an immaterial fact. Finally, the High Court could have interfered with the administrative authorities' decisions if those decisions had been irrational having regard to the facts established by the authorities. It is not the role of article 6 of the Convention to give access to a level of jurisdiction which can substitute its opinion for that of the administrative authorities on questions of expediency and where the courts do not refuse to examine any of the points raised; article 6 gives a right to a court that has 'full jurisdiction' (cf [Zumtobel v Austria (1993) 17 EHRR 116, para 32])."
	European Convention on Human Rights 6 - Town and Country Planning Act 1990

Regina -v- Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another [1995] 1 WLR 845
12 May 1994 CA	Personal Injury, Administrative	Casemap 1 Citers
	The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.

S, Regina (on the Application of) -v- Secretary of State for Education [1995] ELR 71; [1994] EWCA Civ 37; [1995] 2 FCR 225; [1995] COD 48
15 Jul 1994 CA	Education, Administrative	Casemap 1 Cites 1 Citers
	Education Act 1981 8
	Link[s] omitted

Regina -v- Secretary of State for Trade and Industry Ex Parte Duddridge and Others
4 Oct 1994 QBD	Administrative, Environment	Casemap 1 Citers
	Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation.

Benzler -v- Commission (Rec 1994,p FP-IA-245,II-777) T-536/93; [1994] EUECJ T-536/93
27 Oct 1994 ECFI	European, Administrative
	Europa 1. The daily subsistence allowance provided for in Article 10(1) of Annex VII to the Staff Regulations, to which a newly recruited official is entitled only until such time as he removes in order to reside at his place of employment, is intended to cover the expense and inconvenience occasioned by the need to travel and establish a provisional residence at the place of employment, whilst retaining, likewise provisionally, his previous residence. The allowance cannot therefore be paid to an official who does not prove that he has been exposed to such expense or inconvenience. 2. The concept of habitual residence at the time of recruitment, to which the general provisions for implementation of the Staff Regulations adopted by an institution refer for the purpose of determining an official' s place of recruitment, in the absence of any definition in the Staff Regulations, must be taken to mean the place where the person concerned has established, and intends to maintain, the permanent or habitual centre of his interests. The fact of residing in a place for the sole purpose of pursuing studies there does not of itself, in the absence of other relevant factors, mean that the person concerned intended to transfer the centre of his interests to that place.
	Link[s] omitted

Home Office -v- Barnes and Others
23 Nov 1994 QBD	Employment, Administrative, Prisons
	Prison officers may not, in the course of an employment dispute, refuse to accept prisoners into the prison after they had been properly committed to the care of the prison in which they worked.
	Prisons Act 1952 8

Regina -v- Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2) [1995] 1 WLR 734
29 Nov 1994 QBD Simon Brown LJ	Criminal Practice, Administrative, Prisons	Casemap 1 Cites 1 Citers
	The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary's powers to refer a case back to the Court of Appeal (Criminal Division) was an integral part of the just functioning of the overall process of criminal justice. A decision maker may treat submissions about the decision differently if they are only allowed after it has been made when "it is difficult to suppose that [a decision maker] can remain as open-minded as if no clear decision has been taken" and "The guiding principle should always be that sufficient disclosure should be given to enable the petitioner properly to present his best case."
	Criminal Appeal Act 1968 17