Administrative - 1999

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This page lists 46 cases, and was prepared on 26 February 2010.

Regina -v- Commissioner for Local Administration Ex P H (A Minor)
8 Jan 1999 QBD	Administrative
	A court having once adjudicated on an issue, it was not open to the Local Government Ombudsman to re-investigate the matters. The availability of additional remedies including compensation did not set aside the general rule.
	Local Government Act 1974

Regina -v- Lord Saville of Newdigate Right Honourable Sir Edward Somers Right Honourable Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte B, O, U and V [1999] EWHC Admin 103
4 Feb 1999 Admn	Administrative	Casemap 1 Cites 1 Citers
	Link[s] omitted

Dawson -v- Wearmouth [1999] UKHL 18; [1999] 2 AC 309; [1999] 2 All ER 353; [1999] 2 WLR 960; [1999] 1 FCR 625; [1999] 1 FLR 1167; [1999] Fam Law 378
4 Feb 1999 HL Lord Mackay of Clashfern, Lord Jauncey of Tullichettle, Lord Hobhouse of Woodborough	Children, Administrative	Casemap 1 Cites 1 Citers
	The parents were unmarried. The mother had registered the child under her former partner's surname. The father sought an order that his name be used instead. The mother's apeal against an order to that effect had succeeded. Held: The father's appeal succeeded. When considering changing a child's name by means of a specific issue order, the court must follow the issues identified in section 1 of the Act, and a court order is to be made only if it will be in the best interests of the child. In this case there was no need to use father's name HL Lord Mackay of Clashfern: "The application of section 1 so long as they take account of the criteria there in question is a matter within the discretion of the Court of Appeal and I can see no ground for suggesting that they have erred in principle. The heavy emphasis on registration is, I think, a reflection of the fact that they considered that the judge had wrongly left that out of account and that the application must be understood as for a change from a name already registered and therefore in the light of section 1 of the Act of 1989 some circumstances required to be pointed to which would justify making that change in the interests of the child’s welfare. In fairness to the Court of Appeal it must be pointed out that, although they described the fact that the name sought to be changed was the duly registered name as ´all-important', they coupled that with the circumstances that the name Wearmouth was the mother’s actual name at the time it was chosen for her as well as being that of Alexander’s half-brother and half-sister, in stating their view that their discretion should be exercised against the making of the order for change . . . In my opinion on a fair reading of the decision of the Court of Appeal they were suggesting not that the registration was conclusive of the issue in the present case but that in order to justify changing the name from that which was registered circumstances justifying the change would be required and they concluded in the exercise of their discretion that there were no such circumstances of sufficient strength to do so in the present case." HL Lord Jauncey of Tullichettle: A surname which is given to a child at birth is not simply a name plucked out of the air. Where the parents are married the child will normally be given the surname or patronymic of the father thereby demonstrating its relationship to him. The surname is therefore a biological label which tells the world at large that the blood of the name flows in its veins. To suggest that a surname is unimportant because it may be changed at any time by deed poll when the child has attained more mature years ignores the importance of initially applying an appropriate label to that child." and "My Lords, I accept, of course, as the authorities make clear, that the changing of a child’s surname is a matter of importance and that in determining whether or not a change should take place the court must first and foremost have regard to the welfare of the child. There are many factors which must be taken into account, not only those pertaining to the present situation but also those which are likely to affect the child in the future. Just as the fact that the mother happens to bear a different surname from the child is not a sufficient reason for changing the child’s surname (in re WG 6 Fam Law 210; in re C (Change of Surname) [1998] 2 FLR 656) so the fact that mother and child bear the same name should not necessarily be sufficient reason for refusing a change if there are valid countervailing reasons." Lord Hobhouse of Woodborough: "The name appearing upon a child’s birth certificate is not without importance. It has practical implications and, other things being equal, it is in the longterm interests of the child that the name by which he is known should also be the name which appears on his birth certificate." and "The fact of registration is a relevant and, maybe, important factor in assessing where the balance of advantage for the child’s welfare lies. But it is not all important."
	Children Act 1989 8 1 - Births and Deaths Registration Act 1953
	Link[s] omitted

Regina -v- Lord Saville of Newdigate Right Honourable Sir Edward Somers Right Honourable Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte B, O, U and V [1999] EWHC Admin 104
4 Feb 1999 Admn	Administrative	Casemap 1 Citers
	Link[s] omitted

Regina -v- Secretary of State for Home Department (ex parte Chukwuebuka Ucheena Ajaelu [1999] EWHC Admin 140
15 Feb 1999 Admn	Administrative
	[ Bailii ]

Regina -v- Secretary of State for the Home Department ex parte Mehmet; Regina -v- Same, ex parte O'Connor
18 Feb 1999 QBD	Administrative
	A prisoner's allocation to a close supervision unit did not require him to be given opportunity to make representations before the move. It was not intended to be punitive, did not delay his release, nor result in worse prison conditions.

Regina -v- Adrian Russell Korsnethe Royal Pharmaceutical Society of Great Britain [1999] EWHC Admin 154
19 Feb 1999 Admn	Administrative, Health Professions	Casemap
	Link[s] omitted

Regina -v- Secretary of State for Education and Employment ex parte Parkes, Neubert and Begbie [1999] EWHC Admin 158
19 Feb 1999 Admn Moses J	Administrative, Education	Casemap 1 Citers
	The claimants sought leave to bring a judicial review to oblige the respondent to continue financial support for their schooling, saying he had written to make this promise. Held: The applicants had an arguable case, and te review should continue.
	Education (Schools) Act 1997 22(b)
	Link[s] omitted

Regina -v- Family Health Services Appeal Authority In the Judicial Review /Interested Party In the Appeal Boots Chemist Interested Party In the Judicial Review -v- In the Appeal ex parte E Moss Limited In the Judicial Review /the Appeal [1999] EWCA Civ 957; (1999) 48 BMLR 204
11 Mar 1999 CA	Health Professions, Administrative	Casemap 1 Cites 1 Citers
	In the context of an application for a pharmacy licence, questions of adequacy, need and desirability are to be decided by the decision-makers, and provided that the proper approach is adopted, the answer will inevitably become a question of fact and degree eminently suitable for resolution by a committee of laymen, and not susceptible to sophisticated legal analyses.
	Link[s] omitted

Regina -v- Lord Saville of Newdigate, Rt Hon Sir Edward, Hon Justice Hoyt (the Members of Tribunal Sitting As Bloody Sunday Inquiry) ex parte 'B', 'O', 'U' and 'V' [1999] EWHC Admin 232
16 Mar 1999 Admn	Administrative	Casemap 1 Cites 1 Citers
	Link[s] omitted

Regina -v- Lord Saville of Newdigate Honourable Sir Edward Somers Honourable Justice William L Hoyt (Members of the Tribunal Sitting As Bloody Sunday Inquiry) ex Parte: B; O and U and V [1999] EWCA Civ 1136
30 Mar 1999 CA	Administrative	Casemap 1 Cites
	A second tribunal of enquiry into a matter was not bound by decisions of the first to give anonymity to witnesses. It must however consider that decision. Such tribunals had to govern their own procedures. Appeals against reasons alone are not recommended
	Link[s] omitted

Peter Gaisiance and African Children's Society -v- Charity Commission (Sued As Richard Fries) [1999] EWCA Civ 1182
15 Apr 1999 CA	Charity, Administrative
	Link[s] omitted

Regina -v- Secretary of State for the Home Department ex parte Anthony Garner, Jonathan Ian Carter, William Thompson, Mohamed Tawfick, John Henry Taylor [1999] EWHC Admin 320
19 Apr 1999 Admn Rose LJ and Richards J	Administrative, Judicial Review	Casemap 1 Citers
	In exceptional cases, where judicial misconduct had been shown to have contributed to a wrongful conviction, it was proper for the Home Secretary to consider compensation for the defendant, and a policy excluding that as a possibility is unlawful.
	Criminal Justice Act 1988 133
	Link[s] omitted

Regina -v- Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner [1999] EWHC Admin 409; [2001] JPL 407; [2000] JPL 54; [2001] Env LR 22; [1999] 3 PLR 74
7 May 1999 Admn Sullivan J	Planning, Administrative	1 Cites 1 Citers
	An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment. Held: The failure to give the floor area was not critical, but even at this stage the ommission of the environmental impact plan was. A policy must be read in the context of the legislative framework and must be read fairly and as a whole.
	Link[s] omitted

Regina -v- Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran -v- Secretary of State for the Home Department [2000] 1 WLR 354; [1999] EWCA Civ 1465; [1999] 3 All ER 231
21 May 1999 CA Lord Woolf MR	Immigration, Administrative	Casemap 1 Cites 1 Citers
	The court looked at the effect of a failure to follow a procedure set down by statute, the failure by the Secretary of State to use the correct form when applying for leave to appeal from the Special Adjudicator to the Tribunal. The difference was in the absence of a statement of truth. Held: when the court must look at what was the intended effect of non-compliance, not just whether the requirement was expressed to be mandatory. The court discussed the conventional distinction between directory and mandatory requirements. The position is complex and the legislation should be judged as to what were intended to be the consequences of the non-compliance. This is assessed on a consideration of the language of the legislation against the factual circumstances of the non-compliance. Procedural requirements are designed to further the interests of justice and any consequence which would achieve a result contrary to those interests should be treated with considerable caution: "Because of 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 it is to be hoped that provisions intended to have this effect will be few and far between."
	Asylum (Appeals) Procedure Rules 1993 (1993 No 1661) 13
	Link[s] omitted

Regina -v- Parliamentary Commissioner for Administration ex parte Balchin and others [1999] EWHC Admin 484
24 May 1999 Admn Dyson J	Land, Administrative	Casemap 1 Cites
	Link[s] omitted

Regina -v- Local Commissioner for Administration, London (Arising From the Complaint of Jaroslav Zavadil) [1999] EWCA Civ 1473
25 May 1999 CA	Administrative, Local Government
	Link[s] omitted

Regina -v- Secretary of State for Health ex parte Pfizer Ltd [1999] EWHC Admin 504
26 May 1999 Admn	Administrative
	The order of the Secretary of State advising the prescription of Viagra (Sildenafil), in certain limited circumstances only, was in breach of the European Transparency Directive. This remained the case despite a later addition confirming that the document remained for guidance only.
	EC Directive 89/105 (the Transparency Directive)
	Link[s] omitted

Regina -v- Parliamentary Commissioner for Administration ex parte Atholl Grant Murray [1999] EWCA Civ 1512
27 May 1999 CA	Administrative	Casemap 1 Cites 1 Citers
	[ Bailii ]

Regina -v- Right Honourable Lord Saville of Newdigate Sir Edward Somers Justice William Hoyt (Sitting As Saville Inquiry) (ex parte A; B; D; H; J; K; M; O; Q; R; S; U; V; Z and Ac and Ad) [1999] EWHC Admin 556
17 Jun 1999 Admn	Administrative	1 Citers
	Link[s] omitted

Unibank A/S -v- Christensen Case C-260/97
30 Jun 1999 ECJ	Administrative
	A document which has not been authenticated by the involvement of some public official cannot be said to be a 'authentic instrument' within the Brussels Convention, allowing their use in other jurisdictions. Documents signed acknowledging indebtedness allowing for levy of execution, but without any authentication were not sufficiently certain to allow enforcement in another Convention country.
	Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968 art 50

Ex P Scarth
8 Jul 1999 CA	Administrative
	Whilst the regulations which required payment of court fees in full were not ultra vires, the Lord Chancellor should acknowledge that they caused difficulty for some people seeking to commence an action, and he should consider finding some way of providing relief to avoid denying access to justice.
	County Court Fees Order 1982 (1982 No 1706)

Regina -v- Disciplinary Committee of Jockey Club ex parte Albert Davidson [1999] EWHC Admin 693
15 Jul 1999 Admn	Administrative
	Link[s] omitted

Regina -v- Dover Magistrates' Court ex parte Norman Lionel Webb [1999] EWCA Civ 1858
15 Jul 1999 CA	Administrative	Casemap 1 Cites
	Link[s] omitted

Regina -v- North and East Devon Health Authority ex parte Pamela Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor [1999] EWCA Civ 1870; [1999] EWCA Civ 1871; [2001] 1 QB 213; [2000] 2 WLR 622; [1999] Lloyds LR 305
16 Jul 1999 CA Lord Woolf MR	Health, Local Government, Administrative	Casemap 1 Cites 1 Citers
	The need for nursing care for a chronically sick person might be primarily a health or a social services need, and either a health authority or a social service authority might be responsible for the care provision, and if the local authority is responsible, then a charge might be made. However where the need of a patient was primarily for health care as such, it was wrong for the health authority to seek to transfer responsibility to the local authority. The court set out three categories of legitimate expectation, including substantive entitlement, and procedural unfairness. "To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken . . It has to be remembered that consultation is not litigation: the consulting authority is not required to publicise every submission it receives or (absent some statutory obligation) to disclose all its advice. Its obligation is to let those who have a potential interest in the subject matter know in clear terms what the proposal is and exactly why it is under positive consideration, telling them enough (which may be a good deal) to enable them to make an intelligent response. The obligation, although it may be quite onerous, goes no further than this." Lord Woolf discussed the doctrine of legitimate expectation, saying: "the doctrine of legitimate expectation has emerged as a distinct application of the doctrine of abuse of power", and "Legitimate expectation may play different parts in different aspects of public law. The limits to its role have yet to be finally determined by the courts . . And without injury to the Wednesbury doctrine it may furnish a proper basis for the application of the now established concept of abuse of power . . Once it is recognised that conduct which is an abuse of power is contrary to law its existence must be for the court to determine." and "it is for the court to say whether the consequent frustration of the individual's expectation is so unfair as to be a misuse of the authority's power." and "Where the court considers that a lawful promise or practice has induced a legitimate expectation of a benefit which is substantive, not simply procedural, authority now establishes that . . the court will in a proper case decide whether to frustrate the expectation is so unfair that to take a new and different course will amount to an abuse of power. Here, once the legitimacy of the expectation is established, the court will have the task of weighing the requirements of fairness against any overriding interest relied upon for the change of policy."
	National Health Service Act 1977
	[ Bailii ] - [ Bailii ]

Regina -v- Secretary of State for the Home Department, Ex P Fielding
21 Jul 1999 CA	Administrative
	A policy within the prison service to restrict the issue of condoms to situations where the medical officer considered that there was existed some medical risk was proper and not unlawful. A request by a homosexual prisoner for condoms without any indication of medical need implied an intention to have penetrative sex. The prison service was entitled to wish not to be seen to encourage homosexual activity.

Modahl -v- British Athletics Federation [1999] UKHL 37
23 Jul 1999 HL Lord Chancellor Lord Nicholls of Birjkenhead Lord Hoffmann Lord Clyde Lord Millett	Contract, Administrative
	An athlete's governing body was not in breach of contract to a member athlete by suspending her in accordance with its rules after a positive drug test. It was accepted that the faults in the registration of the drug testing centre with another governing body were not known to the defendants, and would not directly affect the suspension under this contract.
	Link[s] omitted

Regina -v- The Right Honourable Lord Saville of Newdigate, Sir Edward Somers, Mr Justice William Hoyt ex parte A and others [1999] EWHC Admin 747
28 Jul 1999 Admn Lord Woolf MR, Lord Justice Robert Walker, Lord Justice Tuckey	Administrative, Armed Forces	Casemap 1 Cites
	Link[s] omitted

Coker and Osamor -v- Lord Chancellor and Lord Chancellor'S Department [1999] IRLR 396
28 Jul 1999 ET	Discrimination, Employment, Administrative	Casemap 1 Cites 1 Citers
	It was capable of being indirect sex-discrimination to appoint a person to a post from a circle of friends. This would necessarily restrict appointees to a group which favoured men more than women. The requirement that the Lord Chancellor should appoint someone in whom he had an established faith had not been established.

Edge and others -v- Pensions Ombudsman and Another [1999] EWCA Civ 2013; [1999] 4 All ER 546
29 Jul 1999 CA	Financial Services, Administrative	Casemap 1 Cites 1 Citers
	The Pensions Ombudsman was wrong to set aside the decision of pensions trustees where that decision was properly made within the scope of a discretion given to the Trustees. He should not carry out an investigation where no particular benefit could accrue, and also not where his decision might adversely affect parties who could not be party to the process.
	Link[s] omitted

Williams -v- Cowell and Another (t/a The Stables) [1999] EWCA Civ 1893
11 Aug 1999 CA	Administrative, Discrimination	Casemap 1 Cites 1 Citers
	There was no right in an appellant from an Industrial Tribunal sitting in Wales to the Employment Appeal Tribunal sitting in London to insist that the Tribunal hear the case in Welsh. The appellant spoke English perfectly well, it was not a matter in which evidence was to be given and the appeal was a fresh matter with new issues arising. Convenience to the parties had to balance convenience to others.
	Link[s] omitted

Regina -v- Department of Education and Employment ex parte Begbie (by Her Mother and Litigation Friend Begbie) [1999] EWCA Civ 2100; [2000] 1 WLR 1115; [2000] Ed CR 140; [2000] ELR 445
20 Aug 1999 CA Laws LJ, Peter Gibson LJ	Administrative, Human Rights, Education	Casemap 1 Cites 1 Citers
	A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child's education. Any consequences of a failure to keep a promise must remain political, not legal ones. The Court commented that abuse "informs all three categories of legitimate expectation case as they have been expounded by this court." By the time of the decision, the Secretary of State was bound by the policy statement only, and not by pre-election promises, or a mistaken letter. Though the policy gave rise to some anomalies, it was not irrational. There was no enforceable obligation on the respondent under human rights law to provide financial support for any particular from of education. Laws LJ: "abuse of power has become, or is fast becoming, the root concept which governs and conditions our general principles of public law". As to this case: "If there has been an abuse of power, I would grant appropriate relief unless an overriding public interest is shown, and none to my mind has been demonstrated. But the real question in the case is whether there has been an abuse of power at all. The government's policy was misrepresented through incompetence. It is not in truth a change of policy at all." Peter Gibson LJ: "In my judgment it would be wrong to understate the significance of reliance in this area of the law. It is very much the exception, rather than the rule, that detrimental reliance will not be present when the Court finds unfairness in the defeating of a legitimate expectation."
	European Convention on Human Rights 2
	Link[s] omitted

Regina -v- Broadcasting Complaints Commission Ex Parte British Broadcasting Corporation
14 Sep 1999 QBD	Media, Administrative
	A limited company has no protection under provisions designed to protect the privacy of living individuals. No complaint could be founded on a film taken secretly but in a place to which the public had access which was designed to reveal improper practice even though no such practice was revealed.
	Broadcasting Act 1996

Smith and Grady -v- The United Kingdom (1999) 29 EHRR 493; (1999) IRLR 734; (2001) 31 EHRR 620; [2000] 29 EHRR 549; [1999] ECHR 72; [2000] ECHR 383; 33986/96; [1999] ECHR 72; [1999] ECHR 180; 33985/96
27 Sep 1999 ECHR	Human Rights, Employment, Armed Forces, Administrative	Casemap 1 Cites 1 Citers
	The United Kingdom's ban on homosexuals within the armed forces was a breach of the applicants' right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking in their inability to admit of exceptions. The threshold at which the High Court and the Court of Appeal could find the Ministry of Defence policy irrational was placed so high that it effectively excluded any consideration by the domestic courts of the question of whether the interference with the applicants’ rights answered a pressing social need or was proportionate to the national security and public order aims pursued, principles which lie at the heart of the court’s analysis of complaints under article 8 of the Convention. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No separate issue under Art. 14+8; No violation of Art. 3 or Art. 14+3; Not necessary to examine under Art. 10 or Art. 14+10; Violation of Art. 13; Just satisfaction reserved Hudoc Judgment (Just satisfaction) Non-pecuniary damage - financial award; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
	European Convention on Human Rights 8 13 41 - Prison Act 1952 - European Convention on Human Rights
	Link[s] omitted

Legal & General Assurance Society Limited -v-The Pensions Ombudsman, CCA Stationery Limited, Personal Investment Authority Ombudsman Bureau Limited
3 Nov 1999 ChD	Financial Services, Administrative

Legal and General Assurance Society Ltd -v- Pensions Ombudsman and Others; Regina -v- Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd [1999] EWHC Ch 196; [2000] 1 WLR 1524
3 Nov 1999 ChD	Financial Services, Administrative	Casemap 1 Citers
	There is no facility to appeal against an interim decision or determination of the Pensions Ombudsman, on a point of law, to the High Court. The appeal is purely statutory, and since no express capacity for such an appeal is provided, none exists.
	Pension Schemes Act 1993 - Personal and Occupational Pensions Schemes (Pensions Ombudsman) (Procedure) Rules 1995 (1995 No 1053)
	Link[s] omitted

Akewushola -v- Secretary of State for the Home Department
3 Nov 1999 CA	Administrative
	The chairman of an immigration tribunal has no power to rescind his own decision, or that of another chairman. Similarly a full tribunal had no such power in respect of its own or another full tribunal's decisions. The Rules contain no such explicit power whether for a chairman or the full tribunal.
	Immigration Appeals (Procedure) Rules 1984 (1984 N0 2041) 42

Regina -v- Secretary of State for the Home Department
10 Nov 1999 CA	Administrative, Human Rights
	Where a person had been lawfully arrested, but later ordered to be released, because his continued detention was in breach of the Convention on Human Rights he could properly be denied compensation for the prior detention by the Secretary of State. There was no fault or maladministration on the part of the Home Secretary. The complainant had properly been arrested as a threat to national security and with a view to deportation.
	European Convention on Human Rights

Bavarian Lager Company Ltd -v- Commission of the European Communities (Supported by United Kingdom, Intervener) Case T-309/97) T-309/97; [1999] EUECJ T-309/97
10 Nov 1999 ECJ	European, Administrative
	Where an opinion had been drafted in anticipation of being signed in support of a case to be brought by the Commission to enforce EC law, but the matter was settled with the member state involved before the draft report was approved and signed, the Commission was entitled to refuse to disclose the report. It was merely preparatory to the issue of a reasoned opinion.
	ECTreaty Art 226 EC
	Link[s] omitted

Starrs and Chalmers and Bill of Advocattion for Procurator Fiscal, Linlithgow -v- Procurator Fiscal, Linlithgow and Hugh Latta Starrs and James Wilson Chalmers; Starrs -v- Ruxton, Ruxton -v- Starrs 2000 JC 208; [1999] ScotHC 242; [2000] HRLR 191
11 Nov 1999 ScHC Lord Justice Clerk and Lord Prosser	Human Rights, Administrative, Natural Justice, Scotland	Casemap 1 Citers
	The system in Scotland whereby lesser judges were appointed by the executive, for a year at a time, and could be discharged without explanation or challenge, meant that they could be seen not to be independent, and the system was a breach of the right to a fair trial by an independent judiciary. There was no open protocol for making such decisions. Unconscious fears of influence in a judge's mind could be enough. Lord Prosser referred to the temporary nature of the appointment of Sherriffs: "But I am inclined to see independence – the need for a judge not to be dependent on others – as an additional substantive requirement, rather than simply a means of achieving impartiality or a perception of impartiality. Independence will guarantee not only that the judge is disinterested in relation to the parties and the cause, but also that in fulfilling his judicial function, generally as well as individual cases, he is and can be seen to be free of links with others (whether in the executive, or indeed the judiciary, or in outside life) which might, or might be thought to, affect his assessment of the matters entrusted to him."
	European Convention on Human Rights Art 6
	Link[s] omitted

Aparau -v- Iceland Frozen Foods Plc
12 Nov 1999 CA Moore-Bick J	Employment, Administrative	Casemap 1 Cites
	Where a case had been remitted by the EAT to a tribunal for reconsideration in respect of matters specified by the EAT, the tribunal's consideration was to be limited to those matters remitted. It was not open to the tribunal to consider matters outside the scope of the elements remitted. "The effect of an order remitting a case to a tribunal which had otherwise exhausted its jurisdiction was considered by this court in the context of arbitral proceedings in Interbulk Ltd v Aiden Shipping Co Ltd (The 'Vimeira' (No.1)) [1985] 2 Lloyd's Rep. 410. Ackner L.J. pointed out that the extent to which the tribunal's jurisdiction is revived in consequence of an order remitting the matter to it depends entirely on the scope of the remission. If, as occurred in the present case, the matter is remitted for the tribunal to consider certain specific issues, it will have no jurisdiction to hear or determine matters outside the scope of those issues and it must follow that it has no power to allow one party to amend its case to raise issues which were not previously before it. In the present case it is clear from the passages in the judgment of the Employment Appeal Tribunal to which I have already referred that remission was ordered in very limited terms simply to enable the industrial tribunal to reconsider whether Iceland's new terms of employment had been accepted by Mrs Aparau. That being so, the tribunal did not by virtue of the remission have jurisdiction to reopen the case generally, nor did it have jurisdiction to hear or determine any argument on the part of Iceland relating to the fairness of any dismissal. Although Mr Glennie sought to persuade us to the contrary, I for my part am quite satisfied that that was not an issue which had previously been raised in the proceedings and it was certainly not within the scope of the remission."

Regina -v- Secretary of State for the Home Department, Ex Parte Al-Fayed
16 Nov 1999 QBD	Human Rights, European, Administrative
	When considering whether the Human Rights of a citizen had been infringed, the doctrine of proportionality was not to be extended to extend in turn such rights. At present the doctrine is part of European law, but not part of domestic English administrative law, and could not be called in aid to support an application for nationality.
	British Nationality Act 1981 Sch 1 (1) (b)

Macharia -v- Secretary of State for the Home Department
25 Nov 1999 CA	Immigration, Litigation Practice, Administrative
	The Immigration Appeal Tribunal does not have discretion, whether implied or otherwise, to admit new or further evidence without notice having first been given. The Rules explicitly required advance notice to be given, and nor was it proper for the tribunal itself to introduce evidence. The absence of a rule against such admission of evidence was not conclusive.
	Asylum (Appeals) Procedure Rules 1996 No 2070

Forrest and Another -v- Towry Law Financial Services Ltd and Others
25 Nov 1999 CA	Administrative, Litigation Practice, Financial Services
	Once a writ had been issued, the Ombudsman had no standing to hear a complaint. The applicant wished to preserve his rights against the defendant in negligence but to pursue a complaint first. It was held that the writ having been issued, it would first have to be stayed, adjourned or discontinued, before the Ombudsman could accept jurisdiction on the complaint.

T -v- United Kingdom (Application 24724/94); -v- v United Kingdom (Application 24888/94)
17 Dec 1999 ECFI	Criminal Sentencing, Human Rights, Administrative
	It was a breach of the human rights of a prisoner for a member of the Executive to set his sentencing tariff. That matter had to be decided by a court, or subject to a review by a court. The trial of young children in a very public forum had effectively denied to them any ability to participate in their own defence, and so had also been in breach of their rights to a fair trial. The trial itself of a ten year old was not necessarily inhuman or degrading treatment.
	European Convention on Human Rights Art 3, 6

Broadmoor Hospital Authority and Another -v- Robinson [2000] QB 775; [2000] 2 All ER 727
20 Dec 1999 CA Lord Woolf MR, Lord Justice Morritt And Lord Justice Waller	Health, Administrative	Casemap 1 Cites 1 Citers
	Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain its publication. It was argued that such a restraint went beyond the express powers of the authority. The powers were in public law, but the court might assist. The application went beyond the hospital's statutory duties, and should be discharged. A secure hospital's right to prevent a package or letter being sent out by patient did not extend to allow restriction on publication or recovery of book manuscript once it had already left the hospital. There was scope to grant an injunction where it could be shown that behaviour outside the hospital would sufficiently seriously interfere with the hospital's conduct of its statutory duties, but that did not apply in this case. Lord Woolf stated said: "I would therefore summarise the position by stating that if a public body is given a statutory responsibility which it is required to perform in the public interest, then, in the absence of an implication to the contrary in the statute, it has standing to apply to the court for an injunction to prevent interference with its performance of its public responsibilities and the courts should grant such an application when it appears to the court to be just and convenient to do so."
	Mental Health Act 1983 134