Administrative - 1998

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This page lists 33 cases, and was prepared on 04 January 2012.

Regina -v- Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina -v- Chief Constable for North Wales Police Area and others ex parte AB and CB [1998] EWCA Civ 486; [1999] QB 396; [1998] 3 FCR 371; [1998] Fam Law 529; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] 3 WLR 57
1998 QBD Lord Bingham CJ, Buxton J	Police, Media, Administrative, Information	1 Cites 1 Citers
	AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be very dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the couple but felt they had to inform the camp-site owner, which they did by revealing the newspaper reports. Held: A disclosure of the identity of paedophile offenders to the public by the police, must only be done after opportunity for representations as to basis of information, but may be appropriate if there can be shown a pressing need. There is an acute tension between the interests of a former sex-offender and the interests of the community. Three issues were identified: (1) a presumption that information should not be disclosed, recognising (a) the effect on the ability of the convicted people to live a normal life; (b) the risk of violence to them; and (c) that disclosure might drive them underground. (2) There is a strong public interest in ensuring that police are able to disclose information about offenders where that is necessary for the prevention or detection of crime, or for the protection of young or other vulnerable people. (3) Each case should be considered carefully on its particular facts assessing the risk posed by the individual offender; the vulnerability of those who may be at risk; and the impact of disclosure on the offender. In making such assessment, the police should normally consult other relevant agencies (such as social services and the probation service). Lord Bingham CJ said: "When, in the course of performing its public duties, a public body (such as a police force) comes into possession of information relating to a member of the public, being information not generally available and potentially damaging to that member of the public if disclosed, the body ought not to disclose such information save for the purpose of and to the extent necessary for performance of its public duty or enabling some other public body to perform its public duty." Buxton J said: "I do however consider that a wish that certain facts in one's past, however notorious at the time, should remain in that past is an aspect of the subject's private life sufficient at least to raise questions under article 8 of the Convention."
	European Convention on Human Rights 8
	Link[s] omitted

Regina -v- Secretary of State for Trade and Industry, ex parte Greenpeace Ltd [1998] Env LR 415
1998 Admn Laws J	Administrative, Judicial Review	Casemap 1 Citers
	The court considered the need for speedy action in challenging planning decisions, and the need not to wait for the last available day. A review request should be directed at the decision properly under challenge. Laws J held: "In Gooding and Adams there were concrete decisions, not just a "continuing practice", which were undoubtedly susceptible to the judicial review jurisdiction and which on the face of their pleadings the applicants sought to assault. Yet in each case the court held there was delay arising out of the applicants' failure to challenge an earlier executive act or acts. These authorities do not enter into any analysis of the proper construction of Order 53, r.4(1), but as it seems to me they lend implicit support to the approach urged by the respondents, and I would construe the rule accordingly. In my judgment, however, even if Order 53, r.4(1) is to be interpreted more conservatively, so that "the date when grounds . . first arise" is never earlier than the date when the impugned decision is taken, Eurotunnel, Gooding and Adams exemplify a common principle, whose nature is not dependent upon an appeal to the rules relating to delay. It is that a judicial review applicant must move against the substantive act or decision which is the real basis of his complaint. If, after that act has been done, he takes no steps but merely waits until something consequential and dependent upon it takes place and then challenges that, he runs the risk of being put out of court for being too late.[Counsel for the applicant] did not seek to deny that there exists a discretion to refuse leave, or relief, in such a case whether or not it falls within the terms of Order 53, r.4(1) or section 31(6). This is an inevitable function of the fact that the judicial review court, being primarily concerned with the maintenance of the rule of law by the imposition of objective legal standards upon the conduct of public bodies, has to adapt a flexible but principled approach to its own jurisdiction. Its decisions will constrain the actions of elected government, sometimes bringing potential uncertainty and added cost to good administration. And from time to time its judgments may impose heavy burdens on third parties. This is a price which often has to be paid for the rule of law to be vindicated. But because of these deep consequences which touch the public interest, the court in its discretion – whether so directed by rules of court or not – will impose a strict discipline in proceedings before it. It is marked by an insistence that applicants identify the real substance of their complaint and then act promptly, so as to ensure that the proper business of government and the reasonable interests of third parties are not overborne or unjustly prejudiced by litigation brought in circumstances where the point in question could have been exposed and adjudicated without unacceptable damage. The rule of law is not threatened, but strengthened, by such a discipline. It invokes public confidence and engages the law in the practical world. And it is administered, of course, case by case".

Regina -v- Brighton and Hove Council ex parte Marmont [1998] EWHC Admin 3
12 Jan 1998 Admn	Administrative, Housing
	A council taking action to recover its own land by evicting travellers, was not obliged to have regard to guidelines which applied when considering recovering land for others about behaving humanely etc.
	Link[s] omitted

Forbes -v- Smith and Another
14 Jan 1998 ChD	Administrative, Media
	Court judgments are public, not secret documents; A direction that a judgment was not to be reported, was insufficient to prevent publicity.

Stewart -v- Secretary of State for Scotland (Scotland) [1998] UKHL 3; 1998 SC (HL) 81
22 Jan 1998 HL Lord Lloyd of Berwick, Lord Jauncey of Tullichettle, Lord Steyn, Lord Hutton, Lord Saville of Newdigate	Administrative, Scotland, Legal Professions	Casemap 1 Cites 1 Citers
	The dismissal of a Scottish Sheriff 'for inability' is not limited in meaning to either mental or physical infirmity, but can also include simple incompetence. The fact that the inquiry into the sherriff's unfitness was conducted in private was not unfair.
	Sherriffs Courts (Scotland) Act 1971
	Link[s] omitted

Regina -v- Minister of Agriculture, Fisheries and Food ex parte Caa Barnes and Partners [1998] EWHC Admin 196
17 Feb 1998 Admn	Administrative
	Link[s] omitted

Regina -v- Cardiff County Council ex parte Sears Group Properties Limited [1998] EWHC Admin 320
13 Mar 1998 Admn	Administrative
	It was not unreasonable to require new traffic impact analysis before authorising highway improvement agreement after previous decision made by earlier authority was now five years old.
	Highways Act 1980 278
	Link[s] omitted

Regina -v- Dover Magistrates' Court ex parte Norman Lionel Webb [1998] EWHC Admin 332
18 Mar 1998 Admn Lord Bingham of Cornhill LCJ, Dyson J	Administrative, Criminal Practice	Casemap 1 Cites 1 Citers
	The defendant appealed a forfeiture order, saying that it had been made under the 1990 Act which had been repealed. Held: The wrong naming of the section did not invalidate the decision.
	Criminal Justice (International Co-operation) Act 1990 - Drug Trafficking Act 1994
	[ Bailii ]

Regina -v- Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another [1999] QB 396; [1998] 2 FLR 571; [1998] 3 All ER 310; [1998] EWCA Civ 486; [1998] 3 WLR 57; [1998] 3 FCR 371; [1998] Fam Law 529
18 Mar 1998 CA Lord Woolf MR	Police, Human Rights, Administrative	1 Cites 1 Citers
	Police had disclosed information about the presence of a couple who had been convicted of sex offences against children to the owners of a caravan site where the couple had taken up residence shortly before the Easter holidays. Held: A disclosure of the identity of paedophile offenders to the public must only be done after opportunity for representations as to basis of information, but may be appropriate if there can be shown a pressing need. "Each case must be judged on its own facts. However, in doing this, it must be remembered that the decision to which the police have to come as to whether or not to disclose the identity of paedophiles to members of the public, is a highly sensitive one. Disclosure should only be made when there is a pressing need for that disclosure. Before reaching their decision as to whether to disclose the police require as much information as can reasonably practicably be obtained in the circumstances. In the majority of the situations which can be anticipated, it will be obvious that the subject of the possible disclosure will often be in the best position to provide information which will be valuable when assessing the risk." As to article 8: "Both under the Convention and as a matter of English administrative law, the police are entitled to use information when they reasonably conclude this is what is required (after taking into account the interests of the applicants), in order to protect the public and in particular children . . However, where the use in question is decided upon as a result of the exercise of an honest judgment of professional police officers, that will of itself, go a long way to establish its reasonableness."
	European Convention on Human Rights 8
	Link[s] omitted

Regina -v- Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another [1998] EWHC Admin 341; 112 ILR 735
19 Mar 1998 Admn Sedley J	European, Administrative	Casemap 1 Cites 1 Citers
	The applicants sought judicial review of the respondent's decision to support the application for admission to the Eurorpean Community of Cyprus. Held: Leave was refused: "the independence of Cyprus since 17th August 1960 forecloses any power in the United Kingdom courts to entertain issues which do not merely touch upon but are inseparable from the constitutionality of events in Cyprus. That the facts amounting to the asserted want of constitutionality are not themselves contentious cannot be an answer because it is not the evidence but the adjudication which in such a situation violates comity."
	Cyprus Act 1960 1
	Link[s] omitted

Jones -v- Hellard
23 Mar 1998 QBD	Administrative
	Use of initials FRIBA by retired member was holding out as Architect and breach of regulations. Was required to be practising.
	Architects Registration Act 1938

Regina -v- Immigration Appeal Tribunal, ex Parte Jeyeanthan [1998] EWHC Admin 395
3 Apr 1998 Admn Sedley J	Immigration, Administrative	Casemap 1 Citers
	An appeal by the Home Secretary had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the court's general reluctance to hold that the effect of failure to comply with a procedural requirement is to render proceedings null: "what can be the very undesirable consequences of a procedural requirement which is made so fundamental that any departure from the requirement makes everything that happens thereafter irreversibly a nullity".
	Asylum (Appeals) Procedure Rules 1993 No 1661 22(3)
	[ Bailii ]

Practice Statement (Supreme Court: Judgments) [1998] 1 WLR 825
23 Apr 1998 LCJ	Administrative	Casemap 1 Citers
	Sets out new arrangements under which judgments in the High Court and Court of Appeal are to be handed down. Copies available to parties first in order to spot need for corrections.

Project Blue Sky Inc -v- Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28; (1998) 153 ALR 490; (1998) 72 ALJR 841; (1998) 8 Legal Rep 41
28 Apr 1998 McHugh, Gummow, Kirby and Hayne JJ	Commonwealth, Administrative	Casemap 1 Citers
	(High Court of Australia) "In our opinion, the Court of Appeal of New South Wales was correct in Tasker v Fullwood in criticising the continued use of the 'elusive distinction between directory and mandatory requirements' and the division of directory acts into those which have substantially complied with a statutory command and those which have not They are classifications that have outlived their usefulness because they deflect attention from the real issue which is whether an act done in breach of the legislative provision is invalid. The classification of a statutory provision as mandatory or directory records a result which has been reached on other grounds. The classification is the end of the inquiry, not the beginning. That being so, a court, determining the validity of an act done in breach of a statutory provision, may easily focus on the wrong factors if it asks itself whether compliance with the provision is mandatory or directory and, if directory, whether there has been substantial compliance with the provision. A better test for determining the issue of validity is to ask whether it was a purpose of the legislation that an act done in breach of the provision should be invalid. This has been the preferred approach of courts in this country in recent years, particularly in New South Wales. In determining the question of purpose, regard must be had to 'the language of the relevant provision and the scope and object of the whole statute.'"
	Link[s] omitted

Regina -v- Department of Health, Ex Parte Bhaugeerutty and Another
1 May 1998 QBD	Administrative
	Decision of two lay members of Registered Homes Tribunal against view of deceased qualified member who had indicated contrary view but had not considered other opinions could not stand.
	Registered Homes Act 1984 10

Regina -v- Secretary of State for Home Department ex parte Behluli [1998] EWCA Civ 788; [1998] IAR 407
7 May 1998 CA	Immigration, Administrative	Casemap 1 Cites 1 Citers
	The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the Dublin Convention, an unincorporated international treaty. Held. The appeal was dismissed: "The extent to which statements could found a legitimate expectation depended upon the circumstances in which they were made: whether, reasonably construed, they could be taken as propounding a policy, or were merely statements applicable to particular cases or classes of cases. Regard had to be given to the background against which they were made and, if made against the background of statutory provisions, to the terms of the Act and any relevant rules."
	Link[s] omitted

Regina -v- Security Services Tribunal ex parte Juliana Patience Clarke [1998] EWCA Civ 864
20 May 1998 CA	Administrative, Employment, Armed Forces
	Link[s] omitted

Secretary of State for Social Security & Another -v- Harmon and Another [1998] EWCA Civ 920; [1999] 1 WLR 163
5 Jun 1998 CA	Benefits, Administrative	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Chairman Into the Matter Arising From the Death of Stephen Lawrence ex parte Neil A'Court, Jamie A'Court and David Norris [1998] EWHC Admin 633
12 Jun 1998 Admn	Administrative
	Link[s] omitted

Regina -v- Chairman of Inquiry Into Matters Arising From Death of Stephen Lawrence ex parte Neil A'Court and Jamie A'Court and David Norris [1998] EWHC Admin 647
18 Jun 1998 Admn	Administrative
	Link[s] omitted

Regina -v- Crown Court At Cambridge, ex parte Rld Buckland [1998] EWHC Admin 742
13 Jul 1998 Admn	Crime, Administrative, Judicial Review
	There is in law no right to appeal to the Crown Court against a Chief Constable's refusal to amend the conditions attached to a firearms certificate. The system of applying such conditions was a discrete and separate system. His only remedy was in judicial review.
	Firearms Act 1968 29 44
	Link[s] omitted

Sheffield and Horsham -v- The United Kingdom 22985/93; 23390/94; (1998) 27 EHRR 163; 22985/93; [1998] ECHR 69; 23390/94
30 Jul 1998 ECHR	Human Rights, Family, Administrative	Casemap 1 Cites 1 Citers
	It is within a nation's margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom's apparent failure to take any steps to keep this area of the law under review. There is, the court said, an increased social acceptance of trans-sexualism and an increased recognition of the problems which post-operative transsexual people encounter. The court reiterated that this area 'needs to be kept under review by Contracting States' Hudoc No violation of Art. 8; No violation of Art. 12; No violation of Art. 14+8; Not necessary to examine Art. 13
	European Convention on Human Rights Art 8, 12
	Link[s] omitted

Holland -v- Lampen-Wolfe [1998] EWCA Civ 1338
30 Jul 1998 CA	Defamation, Administrative	Casemap 1 Citers
	A US citizen acting in course of employment as educational officer on US military base in the UK enjoyed state immunity from liability for defamation. This applied though he was a civilian and the State Immunity Act 1978 did not apply.
	State Immunity Act 1978
	Link[s] omitted

Roussel UCLAF Australia Pty Limited and others -v- Pharmaceutical Management Agency Limited (New Zealand) [1998] UKPC 36
30 Jul 1998 PC Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Sir John Balcombe	Commonwealth, Administrative
	(New Zealand) Allegation that a committee had acted unreasonably in setting a price for pharmaceuticals.
	Link[s] omitted

International Express Carriers Conference -v- Commission of the European Communities (Supported by Uk, Deutsche Post Ag, the Post Office and La Poste Interveners) T-133/95 T-204/95
1 Oct 1998 ECJ	Administrative, European
	The Commission was wrong to approve of interception of mail by postal authorities to get around attempts to abuse international agreements for international mail by taking advantage of cheaper rates of foreign operators. Interception was excessive.
	Universal Postal Union Convention art 25

Wilhelm Mecklenderg -v- Kreis Pinneberg - Der Landrat C-321/96
14 Oct 1998 ECJ	Administrative
	Documents which were held with regard to the assessment of the environmental impact of a development proposal were documents held in connection with the environment and so were disclosable to the public.

Regina -v- Secretary of State for the Home Department ex parte Ahmed and Others
15 Oct 1998 CA	Administrative
	There should be no difference between the exercise of a prerogative or of a statutory discretion when the Home Secretary allowed for an International Treaty which was not incorporated into English law.
	European Convention on Human Rights 1950 (Cmnd) 8969)

Practice Direction (Crown Court: Welsh Language
30 Oct 1998 CACD	Administrative
	Detailed directions for use of Welsh in Crown Courts. Lawyers to notify Court if use of Welsh likely to be required in a hearing; confirming it at Pleas and directions Hearing. Court's duty to find appropriate interpreter, and Welsh speaking judge.

Regina -v- Cambridge Crown Court ex parte RLD Buckland [1998] EWHC Admin 1059
10 Nov 1998 Admn	Administrative
	Link[s] omitted

Regina -v- Secretary of State for Foreign and Commonwealth Office ex parte Ginwalla [1998] EWHC Admin 1068
13 Nov 1998 Admn	Administrative, Immigration
	Appeal against refusal to grant passport and leave to stay.
	Link[s] omitted

Regina -v- Secretary of State for Foreign and Commonwealth Office ex parte Ginwalla [1998] EWHC Admin 1067
13 Nov 1998 Admn	Administrative, Immigration
	Appeal against refusal of passport and refusal of leave to stay.
	Link[s] omitted

Regina -v- Secretary of State for Health, ex parte Eastside Cheese Company
1 Dec 1998 QBD	Administrative	Casemap 1 Cites 1 Citers
	An order made by the Secretary of State for a cheese manufacturer to cease production and to seize product without compensation as an emergency was disproportionate where the local officers had adequate power under section 9 under which compensation was payable.
	Food Safety Act 1990 13

Secretary of State for Social Security -v- M
31 Dec 1998 IHCS	Administrative
	(Scotland) Any tribunal has the power to reach a decision by majority unless the statute under which it operates expressly provides otherwise. Pensions Appeal tribunal is one of these, and majority decision acceptable. English authorities are not binding.