Administrative - 1997

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This page lists 23 cases, and was prepared on 04 October 2008.

Regina -v- Director of Public Prosecutions ex parte Camelot Group Plc [1997] 10 Adm LR 93; [1997] EWHC Admin 360; [1997] EWHC Admin 121; [1997] EWCA Civ 1393
11 Feb 1997 Admn	Administrative, Litigation Practice	Casemap 1 Citers
	There is jurisdiction for a civil court to make a declaration as to the criminality of future conduct.
	Link[s] omitted

Terence Geoffrey Best and others -v- Secretary of State for Environment -v- Bass Holdings Limited -v- South Somerset District Council -v- Tesco Stores Limited [1997] EWHC Admin 226
5 Mar 1997 Admn Mr Lockhart-Mummery QC	Planning, Administrative	Casemap 1 Cites 1 Citers
	Counsel for an objector in a planning case submitted that the contents of an incoming letter lying in the Department's postroom were imputedly known to the Secretary of State. Held: The judge generously described the submission as having an air of unreality.
	Link[s] omitted

Dr Akena Adoko -v- Law Society [1997] EWCA Civ 1187
7 Mar 1997 CA Lord Justice Waite, Lord Justice Phillips	Legal Professions, Administrative, Discrimination
	The appellant had complained to the Employment Tribunal alleging race discrimination by the Respondent. That claim had failed, and several appeals had also failed. The claim alleged indirect discrimination, and the respondent admitted unwitting indirect discrimination, and accordingly no damages were payable. Because of his manner of conduct of the proceedings, including disclosure of matters he had undertaken to keep confidential, and the introduction of late amendments, costs were ordered against him. The complainant also attacked the manner of conduct of the proceedings. There were no grounds to review the decisions.
	Statute References omitted
	Link[s] omitted

Regina -v- North Somerset District Council Pioneer Aggregates (Uk) Limited ex parte Amanda Garnett and Christopher Pierssene [1997] EWHC Admin 318
24 Mar 1997 Admn	Administrative	Casemap 1 Cites
	Availability of judicial review.
	Link[s] omitted

Hossack -v- The General Dental Council (Professional Conduct Committee of the GDC) [1997] UKPC 15
16 Apr 1997 PC	Administrative, Health Professions
	The Privy Council may alter a finding of fact by the disciplinary committee of the General Dental Council if it was clear that that committee had misread the evidence.
	Link[s] omitted

Propend Finance Property Ltd and Others -v- Sing and Another [1997] EWCA Civ 1433; (1997) 111 ILR 611
17 Apr 1997 CA	Administrative, International	Casemap 1 Cites 1 Citers
	Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection “under the same cloak” as the state itself: “The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as one authority puts it, “functionaries”) could be sued as individuals for matters of State conduct in respect of which the State they were serving had immunity. Section 14(1) must be read as affording to individual employees or officers of a foreign State protection under the same cloak as protects the State itself.” The court did not distinguish, or have to, between the scope of personal and subject-matter immunity.
	Statute References omitted
	Link[s] omitted

O'Rourke -v- Mayor etc of the London Borough of Camden [1997] UKHL 24; [1997] 3 WLR 86; [1998] AC 188; [1997] 3 All ER 23
12 Jun 1997 HL Lord Goff of Chieveley, Lord Mustill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann	Housing, Local Government, Administrative	Casemap 1 Cites 1 Citers
	The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in individuals for damages, nor to ensure that all homeless people are accommodated. The Act created no such right explicitly, and a public law means of enforcing the Act was in place. No private action for damages for breach lay against the council. Lord Hoffmann said: "the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy. Public money is spent on housing the homeless not merely for the private benefit of people who find themselves homeless but on grounds of general public interest: because, for example, proper housing means that people will be less likely to suffer illness, turn to crime or require the attention of other social services. The expenditure interacts with expenditure on other public services such as education, the National Health Service and even the police. It is not simply a private matter between the claimant and the housing authority. Accordingly, the fact that Parliament has provided for the expenditure of public money on benefits in kind such as housing the homeless does not necessarily mean that it intended cash payments to be made by way of damages to persons who, in breach of the housing authority's statutory duty, have unfortunately not received the benefits which they should have done."
	Statute References omitted
	Link[s] omitted

Russell -v- Dickinson
23 Jun 1997 OHCS	Administrative
	A sheriff sitting as a judge is immune from damages for an incompetent order detaining defendant for enquiries despite allegation of malice.

Jefferies and Others -v- Mayes and Others; National Grid Company Plc -v- Same; National Power Plc -v- Feldon and Others
30 Jun 1997 ChD	Financial Services, Administrative, Employment
	A lawful decision by pension trustees as to the use of a pension surplus is not susceptible to being overruled by the Pension's Ombudsman.

Regina -v- Chief Constable for North Wales Police Area Authority; Secretary of State for Home Office; National Association for Care and Resettlement of Offenders ex parte AB and CD [1997] EWHC Admin 667; [1997] 3 WLR 724
10 Jul 1997 Admn Lord Bingham CJ and Buxton J	Administrative, Police, Human Rights	Casemap 1 Cites 1 Citers
	The police have power to release limited information about offenders. In this case known paedophiles were staying at a campsite, and their criminal record was disclosed to the site owner. There was no harrassment under s3 of the 1968 Act. On any duty of confidence: “I have great difficulty in accepting that the information which the NWP held which enabled them to disclose this connection was the subject of any duty of confidence owed to the applicants. But even if it was it seems to me clear that the circumstances were such as to entitle the NWP to make such disclosure. It is hard to imagine circumstances in which the police could acquire information subject to a duty of confidence which would not have entitled them to disclose that information when the public interest required them to do so. This was, as they judged, such a situation and nothing suggests to me that their judgment was unlawful.” There was no misfeasance in a public office: “it cannot be suggested that in the present case the NWP acted with a deliberate and dishonest intention to abuse their powers and with an intention to injure the applicant or with knowledge that they had no power to disclose information to the site owner. All the evidence shows that they acted in a bona fide belief that disclosure was necessary, to the extent made in the public interest.” However "It is not acceptable that those who have undergone the lawful punishment imposed by the court should be the subject of intimidation and private vengeance, harried from parish to parish like paupers under the old Poor Law. It is not only in their interests but in the interest of society as a whole that they should be enabled and if need be helped, to live normal lives. "
	Caravan Sites Act 1968 3 - European Convention on Human Rights 8
	Link[s] omitted

Regina -v- Medicines Control Agency Ex Parte Pharma Nord Ltd [1997] EWHC Admin 674
11 Jul 1997 QBD Collins J	Health, Licensing, Administrative	Casemap 1 Citers
	A Court reviewing a decision of the Medicines Control Agency does not decide whether the product is a medicine, but whether the decision had been properly reached.
	Link[s] omitted

Johnson -v- Blackpool General Commissioners; Johnson and Another -v- Same
11 Jul 1997 CA	Administrative
	Penalties of £2,000 for failure to produce books for inspection at sensible time as required were entirely appropriate.
	Statute References omitted

Kevin Patrick Kelly -v- Commissioner of Police for Metropolis [1997] EWCA Civ 2160
22 Jul 1997 CA	Administrative, Police, Litigation Practice
	Some forms used by police in reports to the Crown Prosecution Service attract public interest immunity from disclosure in an action against police. Public Interest Immunity is not subject to distinction between task of investigating a complaint and of reporting an investigation.
	Link[s] omitted

Regina -v- Institute of Chartered Accountants In England and Wales ex parte Victor Benjamin Christie [1997] EWHC Admin 710
24 Jul 1997 Admn	Administrative
	Link[s] omitted

Regina -v- Gloucestershire County Council (ex parte Prospects Care Services) [1997] EWHC Admin 714
28 Jul 1997 Admn Sir Stephen Brown	Administrative
	Link[s] omitted

Three Rivers District Council & Another -v- The Bank of England (No. 3) [1996] 3 All ER 558; [1997] 3 CMLR 429; Times, 22 April 1996
30 Jul 1997 ComC Clarke J	Administrative, Torts - Other	Casemap 1 Cites 1 Citers
	ComC Misfeasance in public office. Assuming ingredients of tort as reported at [1996] 3 ALL ER 558 at 582-3, was claim bound to fail? All plaintiffs' evidence now available to court. On that evidence plaintiffs bound to fail. No reasonable prospect of material becoming available in future to assist plaintiffs. No arguable case that Bank of England acted dishonestly in granting licence or failing to revoke licence or authorization. Action struck out.

Antonelli -v- Secretary of State for Trade and Industry [1997] EWCA Civ 2282; [1998] QB 948
31 Jul 1997 CA Beldam LJ, Kennedy and Aldous LJJ	Administrative, Consumer	Casemap 1 Citers
	The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of fraudulent or dishonest or violent estate agents.
	Statute References omitted
	Link[s] omitted

Robert Paul Russell (for and on Behalf of Ebbw Vale Rugby Football Club) -v- Vernon Pugh Qc; Glanmor Griffiths; Samuel Simon; Ray Williams; Les Williams; Howard Watkins (for and on Behalf of Welsh Rugby Union) and Charles Derek Williams (for and on Behalf [1997] EWCA Civ 2286
1 Aug 1997 CA	Company, Administrative
	Link[s] omitted

Regina -v- North & East Devon Health Authority; North Devon Healthcare NHS Trust ex parte Lorna Beatrice Pow, Mary Beatrice Geall and Edith Mary Ridd [1997] EWHC Admin 765; [1998] 1 CCLR 280
4 Aug 1997 Admn Moses J	Health, Administrative	Casemap 1 Citers
	The health authority had taken their decision on the future of a hospital without consultation and sought to rely on regulation 18(3), arguing that the "decision ha[d] to be taken without allowing time for consultation." Held: That argument was reject: "As Professor Joad might have said, it all depends what one means by proposal. The answer, in my judgment, is to be found in the Regulation itself. The proposal of a substantial variation, which the Regulation contemplates, is a proposal of such particularity that it can be identified as a substantial variation. It must also be crystallised to the extent that it is capable of consideration by the Health Authority. But since it is the trigger for consultation, it need not, indeed must not, be the subject of any final resolution. If it was, it would undermine the purpose of Regulation 18(1) which is to provide for consultation." and "In my judgment, a proposal to close Lynton and Winsford's health services temporarily was of sufficient cogency by 9th April 1997 as to trigger the duty to consult with the Community Health Council. It is true that at that stage the proposal included other possibilities for savings, such as the closure at Torrington, but in my view that does not mean it was not capable of forming the subject of the consultation with the Community Health Council. After all, they might well have wished to debate the merits of those other possibilities as alternatives to the closure of Lynton and Winsford" and "It is true that the proposal had not been considered by the Board, but that does not mean that it was not under consideration by the Health Authority. The trigger to Regulation 18(1) is not confined to decisions as to solutions by the Board of the Health Authority."
	Statute References omitted
	Link[s] omitted

Regina -v- Secretary of State for Social Security and Parliamentary Commissioner for Administration ex parte 'S' [1997] EWHC Admin 786
22 Aug 1997 Admn	Administrative, Benefits
	Link[s] omitted

Secretary of State for Trade and Industry -v- Queen (Patrick)
27 Aug 1997 IHCS	Administrative
	Company Director Disqualification proceedings can take account of convictions spent under Rehabilitation of Offenders Act 1974.
	Statute References omitted

Regina -v- Chartered Association of Certified Accountants (ex parte Krishan Kumar Arora T/a Practice Disposal Agency) [1997] EWHC Admin 925
27 Oct 1997 Admn	Administrative	Casemap 1 Cites 1 Citers
	Link[s] omitted

Attorney-General -v- Blake [1997] EWCA Civ 3008; [1998] Ch 439
16 Dec 1997 CA Lord Woolf M.R., Millett and Mummery L.JJ	Administrative, Media, Employment	Casemap 1 Cites 1 Citers
	A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest. Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.
	[ Bailii ]