Administrative - 2000

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This page lists 58 cases, and was prepared on 25 August 2008.

Village Residents' Association Ltd -v- An Bord Pleanala (No 2) [2000] 4 IR 321
2000 Laffoy J	Northern Ireland, Costs, Administrative	Casemap 1 Cites 1 Citers
	(Irish High Court) The court faced the first application for a Protective Costs Order (PCO) in the High Court of Ireland. Held: There was jurisdiction to make such an order, but it was difficult in the abstract to identify the type or types of cases in which the interests of justice would require the court to deal with costs in the manner indicated by a PCO and it would be unwise to attempt to do so. The principles in ex p CPAG seemed to meet the fundamental rubric that the interests of justice should require a PCO to be made. An order was not made in this case.

Condon -v- Commissioner of Taxation [2000] FCA 1291
2000	Commonwealth, Administrative	Casemap 1 Citers
	(Federal Court of Australia) The idea of "disclosure" to a person who already knew or was deemed to know was conceptually impossible.

ex parte Wilkins CO 4676/2000
2000 Moses J	Administrative	Casemap
	The rules requiring consistency of decisions does not require a decision-maker to repeat what he sees to be a past error.

Regina -v- Local Authority and Police Authority in the Midlands, ex parte LM [2000] 1 FLR 612
2000	Administrative	Casemap 1 Citers

Edge -v- Pensions Ombudsman [2000] Ch 602
2000 ChD	Administrative	Casemap 1 Cites 1 Citers
	In reaching his decision whether and how to exercise his discretionary powers the Pensions Ombudsman must take into account all relevant but no irrelevant factors. The court noted the similarity between the grounds on which a decision by trustees may be attacked and the grounds on which official decision-making is subject to judicial review.

Marks and Spencer Plc -v- Commissioners of Customs and Excise
19 Jan 2000 CA	European, Administrative, VAT	Casemap 1 Cites 1 Citers
	The doctrine of direct effect which gave rise for a private individual against a member state could only operate where the member failed to comply with the requirements of European Law to give effect to such law, and the requirement to put such rules into effect had to be unconditional and precise. A party could not use the doctrine to claim against a member state under European Law in general.

Regina -v- Secretary of State for the Home Department Ex Parte Quaquah
20 Jan 2000 QBD	Administrative, Immigration	Casemap 1 Cites
	An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker. Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the applicant of any opportunity to prepare and present his case. The Secretary should have considered these elements before ordering the deportation.
	Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969) - Civil Procedure Rules Rule 1.1(2)(a)

Regina, Ex Parte Spath Holme Ltd -v- Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales
20 Jan 2000 CA	Landlord and Tenant, Housing, Administrative	Casemap 1 Cites 1 Citers
	Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these regulations was to ease the effect on protected tenants of decisions which would lead to rent increases.
	Statute References omitted

Bache -v- Essex County Council [2000] EWCA Civ 3
21 Jan 2000 CA	Employment, Administrative
	An Employment Tribunal did not have the right to refuse to hear a representative selected by a party appearing before it. Where that representative was a member of a professional body, then the tribunal might exercise some discipline by referring misconduct to a regulatory body, but the right for the party to choose his representative was simply stated and absolute. The tribunal could not require him to represent himself.
	Link[s] omitted

Ball -v- Secretary of Satte for the Environment Transport and the Regions and Another
27 Jan 2000 QBD	Planning, Natural Justice, Administrative
	The applicant had appealed against an enforcement notice saying that the four year rule applied. The inspector issued his decision after the expiry of a time limit, but after the applicant had requested a further short period in which to make representations. It was held to be unfair to have proceeded without allowing more than a week for representations. B had suffered substantial prejudice for the failure to allow him to make such representations, and the decision was set aside.

Regina –v- Secretary of State ex parte Turgat Unreported, 28 January 2000
28 Jan 2000 CA Simon Brown LJ	Administrative, Immigration, Human Rights

Regina -v- Tandbridge District Council and Another, Ex Parte Al-Fayed
1 Feb 2000 CA	Personal Injury, Administrative, Planning	Casemap 1 Cites
	A planning authority disallowed an objection to the erection of a mobile telephone transmitter. Although there had been an omission in the procedure followed by the council, it was clear that it had in fact considered the evidence put forward by the objector, and had made its decision in the light of that evidence. Objectively unjustified fears in a local community might be taken into account, but in this case they should not.

Interporc Im- Und Export Gmbh -v- Commission of the European Communities Case T-92/98
2 Feb 2000 ECFI	European, Administrative
	The commission was entitled to claim legal privilege against disclosure of documents only as regards documents which were prepared solely for the purpose of the court proceedings, and other documents which came into existence independently of such proceedings must be disclosed. The Code of Conduct which purported to allow documents to be withheld in the public interest was ineffective to prevent such access.

Jasper -v- The United Kingdom; Rowe and Davis -v- United Kingdom; Fitt -v- United Kingdom 27052/95; 28901/95; (2000) 30 EHRR 441; [2000] ECHR 89; (2000) 30 EHHR 1; (2000) 30 EHRR 480; [2000] ECHR 90; [2000] ECHR 91
16 Feb 2000 ECHR	Human Rights, Administrative	Casemap 1 Citers
	The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at a later stage on appeal was not a sufficient remedy, since the task of the appellate court was different. Nevertheless if the judge had been given some involvement, a necessary withholding could be proper. The court recognised that it was a "fundamental aspect of the right to a fair trial that criminal proceedings, including the elements of such proceedings which relate to procedure, should be adversarial and that there should be equality of arms between the prosecution and defence. The right to an adversarial trial means, in a criminal case, that both prosecution and defence must be given the opportunity to have knowledge of and comment on the observations filed and the evidence adduced by the other party. In addition Article 6(1) requires, as indeed does English law, that the prosecution authorities should disclose to the defence all material evidence in their possession for or against the accused" but "the European Court's task is to ascertain whether the decision-making procedure applied in each case complied, as far as possible, with the requirements of adversarial proceedings and equality of arms and incorporated adequate safeguards to protect the interests of the accused".
	Statute References omitted
	Link[s] omitted

Van der Wal (supported by Kingdom of the Netherlands, Intervener) -v- Commission of the European Communities Joined Cases C-174/98P and C-189/98P
22 Feb 2000 CA	European, Administrative
	When a national court sought assistance from the European Commission by way of opinions in deciding proceedings before that national court, the advice given was not to be held confidential from third parties simply on the basis that it was prepared for legal proceedings. Instead it had to ask the requesting court to state whether or not disclosure would breach national law. The public interest exemption from disclosure was not so wide or simple.

Emesa Sugar (Free Zone) Nv -v- Aruba Case C-17/98
29 Feb 2000 ECJ	European, Administrative, Human Rights
	It was not open to a party to a case before the European Court of Justice to seek opportunity to make written representations on opinions submitted to the Court by the Advocate General. Opinions of the Court of Human Rights that a party should have opportunity to see and comment upon all matters put before a tribunal were not applicable in this case. The role of the Advocates General was not to act in a partisan manner, and their views were given in a quasi-judicial capacity.

Regina -v- Secretary of State for Health, ex parte C
1 Mar 2000 CA	Employment, Administrative
	An extra-statutory database maintained by the Secretary of State of the names of people considered to be unsafe to work with children was lawful. Two competing and genuine interests were to be balanced. The right to pursue employment without being blacklisted and the need to protect children in the care of others. The list invited representations from those listed, and merely referred the potential employer to the authority which had requested placement of the name on the register. The Crown had the common law right to do anything which might be done by an individual.

R -v- Secretary of State for Health, Ex Parte C
9 Mar 2000 CA	Employment, Administrative
	An extra-statutory database maintained by the Secretary of State, of the names of people considered to be unsafe to work with children was lawful. Two competing and genuine interests were to be balanced. The right to pursue employment without being blacklisted and the need to protect children in the care of others. The list invited representations from those listed, and merely referred the potential employer to the authority which had requested placement of the name on the register. The Crown had the common law right to do anything which might be done by an individual.

Paul Clancy -v- Robin Dempsey Caird [2000] ScotCS 96
4 Apr 2000 IHCS Lord Sutherland and Lord Coulsfield and Lord Penrose	Administrative, Human Rights, Scotland	Casemap 1 Cites
	A temporary judge could hear civil cases where the state was not a party to the action without infringing the convention right to a fair trial. Rights are not to be seen as abstractions, the question related to the manner in which they affected the applicant. The appointment of the judge for three years was short, but was not terminable during its currency, and the judge enjoyed the status and immunities of a permanent judge within the normal judicial system.
	Statute References omitted
	Link[s] omitted

Wakelin and others -v- Read and another [2000] EWCA Civ 82; [2000] PLR 319; [2000] OPLR 277
10 Apr 2000 CA	Financial Services, Administrative	Casemap 1 Citers
	The Pensions Ombudsman did not have the right to exercise his discretion to provide a different answer to the one which would be given by a court. This followed from the right given to parties to appeal against his decisions to the High Court on a point of law. The wide discretion given by the statute did not include a power to act otherwise than in accordance with the law. The Pensions Ombudsman did not have the right to exercise his discretion to provide a different answer to the one which would be given by a court. This followed from the right given to parties to appeal against his decisions to the High Court on a point of law. The wide discretion given by the statute did not include a power to act otherwise than in accordance with the law. The court had to consider the range of the ombudsman's powers, including whether these exceeded those of the court. Held: A point was been raised by the Trustees on the width of the Ombudsman’s discretion to give directions under s 151(2) of the 1993 Act. Mr Simmonds QC sought on behalf of the Trustees to uphold the decision of the Ombudsman to decline to direct the Trustees to pay the benefits on the ground that Mr Read did not come with clean hands. He submitted that the sub-section confers the widest possible discretion both as to the nature of the remedy granted and as to whether he should grant any remedy at all. He was not limited to those courses of action which would be open to a court in litigation. I am unable to accept this submission. "
	Statute References omitted
	Link[s] omitted

Regina -v- Commissioners of Customs and Excise, Ex Parte F and I Services Ltd [2002] HC Admin 327
14 Apr 2000 Admn Lord Justice Robert Walker, Lord Justice Sedley And Mr Justice Lightman	Negligence, Customs and Excise, Estoppel, Administrative
	The Commissioners gave advice to a tax payer, upon which the taxpayer relied, but the advice was incorrect. The law under which public authorities can be held responsible in negligence for the exercise of statutory functions is rapidly developing, and it is not possible to say that a claim against the Commissioners could not succeed.
	[ Bailii ]

Kuijer -v- Council of the European Union Case T-188/98
14 Apr 2000 ECJ	European, Immigration, Administrative
	An applicant sought access to documents of the Council of the European Union relating to asylum. The decision of the Council to refuse access to the documents was on the grounds that the material was politically sensitive, and disclosure would be against the public interest. The council failed however to consider the status of the separate documents separately, and so the decision was invalid. The default position was that Council documents should be made available, and the ability to withhold related to individual documents.
	Statute References omitted

Robinson -v- Commissioners of Customs and Excise
28 Apr 2000 QBD	Administrative, Contract, Customs and Excise
	Customs offered a reward for information, but the offer was clearly not a certainty, and there had been no intention to create a contractual or legal relationship. The informant had been clearly told that the decision as to the award would not be made by the officer, but by his superior in that officer's discretion, and therefore no legal binding offer to make payment had been made.

Regina -v- Secretary of the Central Office of the Employment Tribunals (England and Wales), ex parte Public Concern at Work
9 May 2000 QBD	Employment, Administrative
	The Central Office of Tribunals must record the particulars of Employment Tribunal decisions. It has in the past recorded the existence of the application but no details. The court held that the register must include details of the parties, the particulars of the allegations made, and the full text of the decision where recorded. The word 'particulars' has a clear meaning to lawyers which would include such details, and other provisions presumed that such details were provided.
	Statute References omitted

Regina -v- Video Appeals Committee of British Board of Film Classification (ex parte British Board of Film Classification) [2000] EWHC Admin 341
16 May 2000 Admn	Media, Administrative
	Where a video might expose certain possible viewers of it to harm because of its content, that factor could be allowed for in the decision whether to grant or withhold a certificate, but could not lead to an automatic refusal of such a certificate. The inability to quantify the number of minors who might see and be influenced by a video was not conclusive that it should not be certified until such evidence was available.
	Statute References omitted
	Link[s] omitted

Steed -v- Secretary of State for the Home Department [2000] UKHL 32; [2000] 3 All ER 226; [2000] 1 WLR 1169
26 May 2000 HL Lord Slynn of Hadley Lord Woolf M.R. Lord Hope of Craighead Lord Clyde Lord Millett	Administrative, Judicial Review	Casemap 1 Cites 1 Citers
	The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a reasonable period, and asserted that any claim must be by way of judicial review. The defendant appealed and lost the case in the Court of Appeal, and appealed again. Held: It was possible for a citizen to claim by way of summons sums due to him after the confiscation of his handguns, where the delay became unreasonable. There was no need to begin such proceedings by judicial review where the issue was not so much a decision, but rather the failure to deliver a statutory requirement within a reasonable time. Payment for scheduled types of handguns could be made within 30 days, and for guns which required individual valuation, 60 days was reasonable.
	Statute References omitted
	Link[s] omitted

Regina -v- Secretary of State for the Environment Transport and the Regions, ex parte Rochford District Council
31 May 2000 QBD	Planning, Administrative
	A council had failed to fulfil its obligation to update and republish its local plan. The applicant had sought permission to develop a block of flats, but the council failed to determine the application. He appealed to the inspector who also awarded him a contribution to his costs on the basis that there was no proper reason for state of the council's plan, and because of an error in the application of a policy. On appeal it as held that though the faults pre-dated the application, that was clearly provided for in Circular 8/93

Three Rivers District Council and Others -v- Governor and Company of The Bank of England (No 3) [2000] UKHL 331; [2000] 2 WLR 1220; [2000] 3 All ER 1; [2003] 2 AC 1
8 Jun 2000 HL Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough, Lord Millett	Litigation Practice, Administrative, European	Casemap 1 Cites 1 Citers
	The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank. Held: The Bank could not be sued in negligence, but the tort required clear evidence of misdeeds. The action was now properly pleaded, and the bank knew the case it had to answer. The issue of whether there was sufficient evidence to support the allegation to the high standard required, was not a matter for summary assessment, but for the judge at trial. It was not appropriate to strike out the action. The defendant must be a public officer in a wide sense, and exercising power as such. The two forms take by the tort are cases of targeted malice by a public officer, and where a public officer acts knowing that he has no power to do the act complained of and that the act will probably injure the plaintiff.
	Statute References omitted
	Link[s] omitted

Regina -v- Director General of Electricity Supply, Ex Parte London Electricity Plc
13 Jun 2000 QBD	Administrative, Judicial Review
	Where the cost of upgrading supply systems in order to support large numbers of newly installed night storage systems fell to be apportioned, the test as to who should bear the burden was according to causation. An increase under twenty five per cent would not have occasioned a charge, and individually no one supply exceeded that amount, but the Director must look to the whole scheme. For one identifiable scheme it was unrealistic to break it back down into individual increments in demand.

Regina -v- Westminster City Council, Ex Parte Union of Managerial and Professional Officers and Others; Same -v- Same Ex Parte Legg
13 Jun 2000 QBD	Local Government, Administrative
	It was not an abuse of power by a local authority who had been asked to pay the costs of its officers and members successfully defending themselves against an action by the district auditor for malpractice, first to verify that it had any legal duty or power to provide such an indemnity. However such an indemnity would be good administrative policy. As a policy the authority retained the discretion as to the terms of its implementation.

Commissioners of Customs and Excise -v- Ray
14 Jun 2000 ChD	Environment, Administrative, Customs and Excise
	The decision to refuse a retrospective licence for the importation of antique ivory, was one for the Department of Environment Transport and the Regions, and not one for the Commissioners of Customs and Excise. An appeal against a refusal could not therefore lie to the VAT Tribunal, even though they had been seized by the Commissioners.
	Statute References omitted

Regina -v- Secretary of State for the Environment Transport and the Regions, Ex Parte Wheeler
29 Jun 2000 QBD	Land, Administrative
	The minister decided that upon land which had been compulsorily purchased, but which was no longer needed being sold, it should not first be offered back to the original owners. The owner complained that the decision was in breach of the rules, which required such an offer unless it was a very exceptional case with strong and urgent reasons of public interest. They argued that this required a risk to life or limb. This was too close a definition. For such a decision to be intrinsically perverse, it had to defy comprehension. In this case, the secretary had asked himself the right questions, and the challenge failed.
	Crichel Down Rules 1992

Mapere, Regina (on the Application of) -v- Secretary of State for the Home Department [2000] EWHC 633 (Admin); [2001] Imm AR 89
3 Jul 2000 Admn Sulivan J	Immigration, Administrative	Casemap 1 Citers
	To establish a legitimate expectation, the assurances relied on should be assurances that have been given by the decision-maker: "it would be wrong in principle for courts to rule that a decision-maker's discretion should be limited by an assurance given by some other person".
	Link[s] omitted

Practice Direction (Administrative Court Establishment)
27 Jul 2000 QBD	Administrative, Litigation Practice
	The direction establishes the Administrative Court as a successor to the Crown Office List. Existing orders and directions applying to the List should be renamed. A lead nominated judge would take responsibility for the speed efficiency and economy of the conduct of the court's business. New rules for judicial review will also be implemented to accompany the introduction of the Human Rights Act.

Brooks -v- Civil Aviation Authority and Another
28 Jul 2000 IHCS	Financial Services, Administrative, Scotland
	When the Pensions Ombudsman carried out an investigation under the Act, he was entitled to act on the information already gathered, and had no obligation to undertake a new factual enquiry. The issues in this case had been litigated repeatedly, and the ombudsman had a wide discretion as to the conduct of his investigation of the complaint, and in this case his decision could not be faulted.

Mayne and Another -v- Minister of Agriculture, Fisheries and Food [2001] EHLR 5
3 Aug 2000 QBD Kennedy LJ and Jackson	Administrative, Crime, European, Agriculture	Casemap 1 Citers
	The defendants exported beef without the requisite certificates. The UK rules had been made before a Directive came into effect. On appeal after conviction the defendant argued that the rules purported to take account of future amendments. It was held that for a criminal sanction to be applicable, Regulations could not give effect to directives made by a third party without appropriate and explicit incorporation of those amendments. A regulation imposing sanctions for failure to comply with an EC Directive is not to be read as applying to future amendments to the Directive unless the wording of the regulations is such as clearly to take account of the possibility of future amendments.

Regina -v- Secretary of State for Education and Employment, Ex Parte National Union of Teachers
8 Aug 2000 QBD	Education, Employment, Administrative
	The general power of the Secretary of State to promote education did not extend to provision for the terms and conditions of teachers' employment or establishing systems for the payment of higher rates of pay to teachers meeting performance standards. Reference to Parliament was necessary. The Secretary of State had not followed consultation procedures set down for the making of significant alterations to teachers contracts.
	Statute References omitted

Regina -v- Lands Tribunal, Ex Parte Jafton Properties Ltd
31 Aug 2000 COL	Costs, Administrative, Land
	After a tribunal application, the applicant submitted his costs for taxation. After the hearing there was further correspondence about the decision, resulting in the applicant formally objecting to the taxation. He suggested that the correspondence after the award meant that taxation had not been concluded. It was held that he was out of time. The taxation award had all the elements necessary to make it final, and the President's refusal of extension of time was not irrational or unreasonable. The reasons were succinct, but correct.
	Statute References omitted

Regina -v- Secretary of State for Health, Ex Parte Wagstaff and Regina -v- Secretary of State for Health, Ex Parte Associated Newspapers Ltd [2001] 1 WLR 292
31 Aug 2000 QBD Kennedy LJ	Administrative, Media, Human Rights, Constitutional, Health	Casemap 1 Citers
	The Secretary of State announced a public enquiry into the Shipman case. He did not say whether it would be a public enquiry. The bereaved families and media wanted it to be public, and contended that it had been invalidly constituted, that an expectation had been created that it would be public, and that to hold it in private would infringe their article 10 rights. Held: The tribunal was valid under the Act; the circumstances justified it, and the chairman was not subject to restrictions. It was appropriate to be held in public, but did not infringe the applicants' human rights.
	Statute References omitted

Attorney-General -v- Covey Unreported, 6 October 2000
6 Oct 2000 QBD Lord Justice Rose	Administrative, Human Rights	Casemap 1 Citers
	In an application for a vexatious litigant order, the court asked whether the repetitious proceedings must be against the same defendant. Lord Justice Rose: "The question is whether it is a necessary prerequisite for the making of an order under section 42 that the repetitious behaviour of which complaint is made has necessarily either to be directed against the same defendant or to arise from the same subject matter. In my judgment, that is not the position. Granted that repetitious conduct is a necessary prerequisite for the making of an order, what gives rise to that repetitiveness necessarily depends, it seems to me, on the circumstances of the particular case. In making the determination whether or not there is that necessary element of repetition one looks at the whole history of the defendant's litigious activity. In some cases that activity will focus upon a particular defendant. In some cases it will focus upon a particular grievance. In some cases it may be represented by numerous claims against a wide range of defendants in circumstances where no reasonable cause of action exists. In this last category of case, it seems to me, the conditions of section 42 may be fulfilled just as they may be if a particular defendant or a particular grievance is the focus of the defendant's activity. As the passages in the judgment in Vernazza to which I earlier referred, make plain, one has to look at the whole of the circumstances, the way in which the proceedings were instituted, whether with or without reasonable cause, and also the way in which subsequently they were conducted by way of hopeless appeal or otherwise. All of those matters have to be considered."
	Statute References omitted

Dr Gnanapragasam Anton Joseph Selvanathan -v- The General Medical Council (Appeal No 21 of 2000; [2000] UKPC 37
11 Oct 2000 PC	Administrative, Health Professions
	Decisions of the Professional Conduct Committee of the GMC should now be accompanied by explanations. Earlier practice of issuing a bare decision had been superseded by general practice in decision making bodies, and also by detailed rules governing the practice of the committee. Fairness required reasons to be given so that the disciplined doctor could make an informed decision on whether to appeal.
	Statute References omitted
	[ Bailii ] - [ PC ] - [ PC ]

Regina -v- Criminal Injuries Compensation Authority, Ex Parte Leatherland, Regina -v- Criminal Injuries Compensation Authority Ex Parte Bramall, Regina -v- Criminal Injuries Compensation Authority Ex Parte Kay [2001] ACD 76
12 Oct 2000 QBD	Natural Justice, Personal Injury, Administrative	Casemap 1 Citers
	The practice of withholding the reasons for a decision until the day of an appeal which had come to be adopted was unfair and bad administration. The Tribunal should give proper reasons for its decision, together with the gist of any evidence which they had taken into account in coming to that decision. Such a system had caused unnecessary expense, and caused litigation rather than prevented it.

Regina -v- Secretary of State for the Home Department, Ex Parte Ullah
17 Oct 2000 QBD	Immigration, Administrative
	The fact that a claimant had acquired British citizenship in one way did not take away his right in addition to apply for naturalisation arising from his rights by descent. The latter process would create additional rights for his own children, and he had the right to apply. There was nothing in the legislation to suggest that the two alternatives were mutually exclusive, and the Home Office's practice to the contrary was unlawful.
	Statute References omitted

Regina -v- Secretary of State for Education and Employment, Ex Parte Amraf Training Plc
17 Oct 2000 QBD	Education, Administrative
	Although the department had registered a course for an eighty per cent subsidy for trainees, in the absence of knowledge of what fees would be charged, it remained open to the department later to withdraw that recognition when the amounts payable appeared not to represent value for money, and even though students had been accepted onto the course. The existing students had been allowed to complete the course, and the provider offered the opportunity to apply to re-register at a lower course fee, but had refused. Value for money was a relevant factor.

Tt's Corporation Law Ltd -v- Commission of the European Communities Case T-123/99
18 Oct 2000 ECJ	European, Administrative
	The Community's general policy of openness must override a Community regulation which imposed severe secrecy restrictions. A regulation was used as a basis to refuse to give to a litigant in England information about relevant mission reports of the EU concerning trade. The general principle was set down with certain exceptions, and could not be set aside for this purpose. In any event the regulation under which access had been refused did not apply to this situation.

Regina -v- Independent Television Commission, Ex Parte TVDanmark 1 Ltd [2001] 1 WLR 74
25 Oct 2000 CA	Media, Administrative, European
	The ITC did not have power to refuse to consider a renewed application for permission by a British broadcasting company to exercise its exclusive rights to televise matches of the Danish National football team in a forthcoming tournament as against a Danish public service broadcaster who would reach a greater proportion of the Danish population. Attempts to bring such events to a wider audience were properly exercised at the time of the grant of the rights, but not later after they had been granted.
	Statute References omitted

Regina -v- Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another
25 Oct 2000 Admn	Administrative, Media, Licensing, Constitutional	Casemap 1 Cites 1 Citers
	Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a European Directive, but the new regulations did not specifically disapply the regime for amending the licences. He should have made it clear in the statutory instrument that the protections were being removed. The regulations made under section 2(2) of the 1972 Act which, if valid, took away valuable rights of Orange which they had enjoyed under the Telecommunications Act 1984, were ultra vires, on the ground that the regulations had failed explicitly to state that rights enjoyed under primary legislation were being taken away.
	Statute References omitted

Regina -v- Commissioners for Customs and Excise ex parte Building Societies Ombudsman Company Limited [2000] EWCA Civ 270
26 Oct 2000 CA	Administrative
	Link[s] omitted

Care First Partnership Ltd -v- Roffey and Others
22 Nov 2000 CA	Administrative, Employment
	An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions applied different standards, and gave differing protections. At the 'no reasonable prospect of success' level, the tribunal had powers to require a deposit and to give warnings as to liability for costs, but no more. The case management powers were procedural and gave no strike out jurisdiction.
	Statute References omitted

Bellinger -v- Bellinger [2001] 1 FLR 389
22 Nov 2000 FD Johnson J	Family, Administrative	Casemap 1 Cites 1 Citers
	The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the years, this was an area which, if it was to be reformed, must be reformed by parliament and as a comprehensive whole, not piecemeal by judges. Johnson J said: "There is now a distinct possibility that were it possible to do so, examination of the brain of a living individual would reveal further indications of gender. But that is not yet possible and the practical reality is that whatever may ultimately emerge from advances in medical science, the only criteria for determining the gender of an individual remain those identified in Corbett."
	Matrimonial Causes Act 1973 11

Regina -v- Secretary of State for Home Department ex parte Mario Montana [2000] EWHC Admin 421
23 Nov 2000 Admn	Administrative, Human Rights, Discrimination, Children
	The distinction made in British nationality law, between the relationships of mother and child, and that of father and child, when the parents were not married, was not a breach of the human right to a family life. The claimant suggested that the rule was discriminatory both as sex discrimination, and as discrimination against the child as illegitimate. In this case the refusal of British citizenship had not in fact interfered with the child's family relationships, and there was no previous case in which such a distinction had been found. The cases for citizenship under the two sections were quite different, and were not proper comparators.
	Statute References omitted
	Link[s] omitted

Regina on Application of Channel Tunnel Group Ltd and France-Manche S A -v- Secretary of State for Environment Transport and Regions [2000] EWHC Admin 425
30 Nov 2000 Admn	Administrative
	[ Bailii ]

Regina -v- Secretary of State for the Home Department, ex parte Tawfick
5 Dec 2000 QBD	Administrative, Criminal Practice
	The applicant had been convicted and imprisoned following a trial in which he had defended himself, and in which the judge had attacked his honesty before the jury, and his honesty was an issue in the charge. The conviction had been set aside, and he sought compensation the Secretary of State who had refused this on the grounds that the circumstances were not exceptional. Held: The Secretary of State's decision was irrational. The complaint went to behaviour of the judge, and was justified. The Secretary of State's decision was outside the range of reasonable responses, and he should have granted the application.

Regina -v- Secretary of State for Home Department ex parte Amjad Mahmood [2001] 1 WLR 840; [2000] All ER (D) 2191; [2001] UKHRR 307; [2000] EWCA Civ 315; [2001] HRLR 14; [2001] Fam Law 257; [2001] Imm AR 229; [2001] 1 FLR 756; [2001] UKHRR 307; (2001) 3 LGLR 23; [2001] ACD 38; [2001] 2 FCR 63; [2001] INLR 1
8 Dec 2000 CA The Master of The Rolls, Lord Justice May And Lord Justice Laws	Administrative, Human Rights, Judicial Review, Immigration	Casemap 1 Cites 1 Citers
	A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born. Held: Only exceptionally should an applicant for leave to remain be able to escape the requirement under the rules for entry clearance to be obtained abroad by having his substantive application to remain—whether under the rules or under article 8—determined here. In reviewing an administrative decision made before the Act came into effect, but taking effect after, the court was not to judge the decision as if the Act had been in place. Nevertheless, when a public law decision affected fundamental rights, the court should require the decision to demonstrate a non-interference with the appellant's human rights, or that there was a substantial justification for allowing the interference. The role of the court remained merely supervisory. The greater the interference in the rights, the greater would be the justification required. Different articles allowed interference to different extents or none. The court must keep a "principled distance" between the decision-maker's decision on the merits and the court's adjudication. "When anxiously scrutinising an executive decision that interferes with human rights, the court will ask the question, applying an objective test, whether the decision-maker could reasonably have concluded that the interference was necessary to achieve one or more of the legitimate aims recognised by the Convention. When considering the test of necessity in the relevant context, the court must take into account the European jurisprudence in accordance with section 2 of the 1998 Act." Even where the courts are in as good a position as the Secretary of State to decide an issue which engages Convention rights, they must not do so as if they were his surrogate.
	Link[s] omitted

Regina (Conlon) -v- Secretary of State for the Home Department Unreported, 11 December 2000
11 Dec 2000 Thomas J	Administrative	Casemap 1 Citers

Michael Alexander Watson -v- British Boxing Board of Control Ltd, World Boxing Organisation Incorporated [2000] EWCA Civ 2116; [2001] QB 1134; [2001] PIQR 16
19 Dec 2000 CA Lord Phillips MR	Administrative, Personal Injury, Negligence	Casemap 1 Cites
	The claimant was seriously injured in a professional boxing match governed by rules established by the defendant's rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. Held: A body which had responsibility for licensing and setting conditions for the boxing matches was liable in negligence when, having assumed responsibility for the boxer's medical care, the standards it set were inadequate. The setting of rules could be akin to the giving of advice and thus had an indirect influence on the occurrence of the injury. Had the Board said nothing, it might not be liable, but once it gave advice by setting rules, it came to be responsible. If it had in place the appropriate protocols for provision of medical care, the claimant's injuries would not have been so severe. "It seems to me that the authorities support a principle that, where A places himself in a relationship to B in which B’s physical safety becomes dependant upon the acts and omissions of A, A’s conduct can suffice to impose on A a duty to exercise reasonable care for B’s safety." and "Had the board simply given advice to all involved in professional boxing as to appropriate medical precautions, it would be strongly arguable that there was insufficient proximity between the board and individual boxers to give rise to a duty of care. The board, however, went far beyond this. It made provision in its rules for the medical precautions to be employed and made compliance with these rules mandatory."
	Link[s] omitted

Kadhim -v- Housing Benefit Board, London Borough of Brent [2000] EWCA Civ 344; [2001] 2 WLR 1674
20 Dec 2000 CA	Administrative, Benefits, Housing	Casemap 1 Citers
	A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court: "The ratio decidendi of a case is any rule of law expressly or impliedly treated by the judge as a necessary step in reaching his conclusion, having regard to the line of reasoning adopted by him, or a necessary part of his direction to the jury." (Cross and Harris) "We therefore conclude, not without some hesitation, that there is a principle stated in general terms that a subsequent court is not bound by a proposition of law assumed by an earlier court that was not the subject of argument before or consideration by that court." Whether a person living in the same house as a relative was residing with him, was matter for ordinary English usage. The statute did not provide a full and exclusive definition, and the case remitted for reconsideration.
	Link[s] omitted

Regina -v- Manchester Crown Court, ex parte McCann and others [2002] 3 WLR 1313
22 Dec 2000 QBD Lord Woolf	Crime, Administrative, Human Rights	Casemap 1 Cites 1 Citers
	An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones where proof will not be easily found. There is no overriding test within domestic law for deciding whether proceedings are civil or criminal. The procedure here was one generally used for civil proceedings, and no punishment was properly involved at this stage. At most there would be a restriction on activities of those subject to the order. Lord Woolf: "The significance of whether the proceedings are civil or criminal arises because of the difficulty that exists in relation to the proof of the sort of conduct against which section 1 is designed to provide protection. Understandably, in a locality those who are subject to anti-social behaviour are chary about giving evidence in criminal proceedings. It is in particular because of those difficulties that, after a consultation process, the legislation which is contained in Part 1 of the 1998 Act was passed. The object of making the proof of conduct which is anti-social more easy to prove would be defeated if in fact the proceedings were criminal. Then the normal rules of evidence which apply to criminal proceedings would have to be complied with and furthermore the proceedings would be subject to the additional protection provided by Article 6 of the European Convention in relation to criminal proceedings."
	Statute References omitted