Constitutional and administrative law fourth edition

This new edition has been fully updated to include: • Detailed discussion of the Constitutional Reform Act 2005, and an examination of the expanded role of the Lord Chief Justice • Exten

Constitutional and Administrative Law is an up-to-date, interesting

and inquiring treatment of this wide-ranging and dynamic subject,

and is designed to meet the needs of modular course structures

at undergraduate and diploma level The mass of new legislation

in the area is considered alongside the various political, social and

cultural factors that have shaped them

This new edition has been fully updated to include:

• Detailed discussion of the Constitutional Reform Act 2005, and

an examination of the expanded role of the Lord Chief Justice

• Extended coverage of the impact of the Human Rights Act 1998

• Increased consideration of topical issues, such as the impact of

terrorism

Constitutional and Administrative Law has been developed to

support study and understanding of this subject The fourth edition

now provides:

• Clearly distinguished case summaries to enable you to

quickly recognize the key cases and differentiate them from

surrounding commentary

• New colour design and larger format to help you follow the text

with ease

• Chapter summaries highlight the main points covered in each

chapter, cementing understanding

• Clear explanations of the fundamental principles in this area

ensure you gain a good understanding of the subject

About the Author

Alex CArroll MPhil, LLB, Cert Ed was formerly Senior

Lecturer in Law at Manchester Metropolitan University

and has also taught at the University of Manchester, Keele

University, and the University of Hong Kong

www.mylawchamber.co.uk/carroll This text

is supported by a My law chamber website including:

For students: regular case and legislation

updates, web links, interactive self-test questions, practice assessment questions and key term flashcards.

For lecturers: a testbank of multiple choice

questions which can be used to assess students’ progress.

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Constitutional and Administrative Law

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Constitutional and Administrative Law Fourth Edition

ALEX CARROLLMPhil, LLB, Cert Ed

Formerly Senior Lecturer in Law,Manchester Metropolitan University

Pearson Education Limited

Edinburgh Gate

Harlow

Essex CM20 2JE

England

and Associated Companies throughout the world

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www.pearsoned.co.uk

First published 1998

Second edition published 2002

Third edition published 2003

Fourth edition published 2007

© Pearson Education Limited 2007

The right of Alex Carroll to be identified as author of this work has been

asserted by him in accordance with the Copyright, Designs and Patents

Act 1988.

All rights reserved No part of this publication may be reproduced, stored in

a retrieval system, or transmitted in any form or by any means, electronic,

mechanical, photocopying, recording or otherwise, without either the prior

written permission of the publisher or a licence permitting restricted copying

in the United Kingdom issued by the Copyright Licensing Agency Ltd, Saffron

House, 6–10 Kirby Street, London EC1N 8TS.

Crown Copyright material is reproduced with the permission of the

Controller of HMSO and the Queen’s Printer for Scotland.

Law Commission Reports are reproduced under the terms of the Click-Use

Licence.

ISBN: 978-1-4058-1231-3

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library.

10 9 8 7 6 5 4 3 2

10 09 08

Typeset in 9.5/12.5pt Stone Serif by 3

Printed and bound in Great Britain by Ashford Colour Press, Gosport

For my late Mother, Father, and brother John, and for Frances and

‘the boys’ ( Joe, Matthew, Daniel and Sam)

Guided tour xvi

Part 3 The composition and workings of Parliament 119

Part 5 Judicial review of administrative action 305

v

Brief contents

17 Exclusivity 377

22 Restrictions on the rights of freedom of expression and

Part 7 Tribunals, inquiries and complaints procedures 567

BRIEF CONTENTS

vi

Guided tour xvi

Part 1 Fundamental principles

1 Introduction to constitutional and administrative law 3

Constitutional conventions 56

Part 2 Parliament and the European Union

4 The European Union: institutions of government and

Part 3 The composition and workings of Parliament

CONTENTS

viii

7 The House of Commons: Members of Parliament 127

Right of the House to punish for breach of privilege and contempt of Parliament 217

Part 4 The Executive

13 Legal liability of the Crown and public authorities 262

Part 5 Judicial review of administrative action

CONTENTS

x

Review and appeal contrasted 311

16 Application for and exclusion of judicial review 357

Summary 384

Part 6 Human rights

18 The European Convention on Human Rights 387

20 Police powers, personal liberty and privacy 463

21 Restrictions on the rights of freedom of assembly and

Part 7 Tribunals, inquiries and complaints procedures

The Council on Tribunals 583

Visit www.mylawchamber.co.uk/carrollto find valuable online resources

Companion Website for students

■ Interactive multiple choice questions to test your factual knowledge of the topics

■ Exam-style questions and answer guidance to test your ability to applyknowledge

■ Links to relevant sites on the web

■ An online glossary providing definitions of key legal terms

■ Interactive online flashcards that allow you to check definitions against the keyterms during revision

■ Regular updates on major legal changes affecting the book

For instructors

■ A testbank of questions allowing for class assessment

■ Search tool to help locate specific items of content

■ E-mail results and profile tools to send results of quizzes to instructors

■ Online help and support to assist with website usage and troubleshootingFor more information please contact your local Pearson Education salesrepresentative or visit www.mylawchamber.co.uk/carroll

Guided tour

Case summaries – Highlight the facts and key legal principles of essential cases that you need to be aware of in your study of Constitutional and Administrative Law.

Chapter summaries – Located at the end of each

chapter, chapter summaries draw together the key

points that you should be aware of following your

reading, and provide a useful checklist for revision.

This basic principle may be attributed to two cases in both of which a local ernment officer gave an unauthorised assurance that a particular development or use planning authority (i.e the local council).

gov-Southend Corporation v Hodgson (Wickford) Ltd [1962] 1 QB 416

In this case, H was considering buying a piece of land for use as a builder’s yard He contacted borough engineer, without any authorisation or reference to the local council, told H that it received from nearby residents As a result, the local planning authority served H with an tinue a use of land for which planning permission has not been granted) H claimed that the

of the land in issue.

This was not something the court was prepared to accept In its view power to issue enforcement notices had been conferred on local planning authorities to enable them to might cause unwarranted interference with the rights or interests of others An unauthorised cretion as intended by Parliament.

After all, in a case of discretion there is a duty under the statute to exercise a free and unhindered fetter the exercise of its discretion Similarly an estoppel cannot be raised to prevent or hinder the exercise of the discretion (per Lord Parker CJ).

A similar decision was reached in the following case.

Western Fish Products Ltd v Penwith District Council [1981] 2 All ER 204

On this occasion conversations with local planning officers misled the complainants into ning permission When an enforcement notice was served by the local planning authority decision was summarised in the following comment by Megaw LJ:

The defendant council’s officers, even when acting within the apparent scope of their authority, could not did or said anything which purported to determine in advance what the council would have to deter-

Also see R v East Sussex County Council, ex parte Reprotech (Pebsham) Ltd [2002]

by a planning officer that planning permission was not needed was binding on the authority.

In addition to the above, it has long been established that estoppel cannot be used:

ILLEGALITY AND CONTROL OF DISCRETION 327

security and defence policy’ (ibid.) The operational requirements of such a European

defence force would be identified by a ‘European Defence Agency’.

inter-■ EU law should recognise and adopt the fundamental rights in the European

by the Nice European Council of December 2000 The latter contains a range of social and employment rights not found in the ECHR (Art 1-9).

■ EU law should be recognised as superior to the national law of member states (Art 1-6).

■ The EU’s law-making power should be extended into the areas of justice, asylum, immigration and border control (Art 1-42).

Summary

The chapter gives an appreciation of the extent to which the British constitution

by membership of the European Union Matters dealt with include:

■ the composition, powers and functions of the EU’s institutions of law and ment;

govern-■ the different types of legal rules made by these institutions and how such rules take effect in the United Kingdom;

■ the emergence and development of the EU through its inception and evolution ment and resulting institutional reform, and the formation of the European Union Constitution.

Further reading – At the end of each chapter, use the further reading section to delve deeper into the topic, and read those articles which will help you to gain higher marks in both exams and assessments.

References

Blackstone (1873) Commentaries on the Laws of England, London: Macmillan.

Blake (1999) Royal Prerogative, London: Harper Collins.

Dicey (1959) An Introduction to the Law of the Constitution (10th edn), ed Wade, E.C.S.,

Loveland (1996) Constitutional Law: A Critical Introduction, London: Butterworths, Ch 4.

Loveland (2006) Constitutional Law, Administrative Law and Human Rights (4th edn), Oxford

University Press.

Monro (1987) Studies in Constitutional Law, London: Butterworths, Ch 8.

Payne and Sunkin (1999) The Nature of the Crown: A Legal and Political Analysis, London:

Clarendon.

Vincenzi (1998) Crown Powers, Subjects and Citizens, London: Continuum Publishing.

Companion Website – Want to test your

knowledge of a topic, practice answering

exam style questions, visit useful

Constitutional and Administrative Law

sites on the web or just check if the law

has changed?

Visit www.mylawchamber.co.uk/carroll

to find extensive resources designed to

aid you in your study, including multiple

choice questions, exam style questions

and answer guidance, web links to

further resources, an online glossary

and regular web updates on major legal

changes

For Instructors – The Companion

Website also includes a testbank of

multiple choice questions that can be

used to access students’ progress.

This book has been written for students undertaking legal studies at undergraduatelevel and those pursuing similar courses which include constitutional and adminis-trative law as a core component (e.g the Postgraduate Diploma in Law) It is based

on over thirty years’ experience of teaching the subject at A-level, undergraduateand postgraduate courses Particular attention has been paid to the views of studentsconcerning the strengths and weaknesses of pre-existing textbooks in this discipline

No attempt has been made to produce an exhaustive reference book covering allthose issues which might conceivably fall within the boundaries of the subject.Rather the book concentrates on those topics which form the essential core of mostconstitutional and administrative law syllabi currently taught in further and highereducation institutions

Recent years have witnessed many significant changes to the law and the practise

of the British constitution Detailed comment on these changes has been includednotwithstanding that in some contexts, e.g the House of Lords, the process ofchange is not yet complete Hence, in addition to parliamentary reform, extensivecoverage is given to such further innovations as the creation of regional assembliesfor Scotland, Wales and Northern Ireland, developments within the EuropeanUnion, changes to electoral law, the enactment and application of the HumanRights Act 1998 and the granting of even greater powers to the executive to dealwith crime and terrorism

As with most law books many of the legal principles included are explained byreference to particular judicial decisions The approach taken here has been todiscuss those cases which illustrate the principles in issue most clearly or thosewhich exemplify their most recent application

Constitutional and administrative law cannot be fully understood without ence to the nation’s political history and its social and cultural development Thesubject is also of great topical interest and is in a constant process of change andadjustment with many of its principles and cases resulting from, or relating to,recent political controversies Hence, while every attempt has been made to explainthe necessary principles as precisely and succinctly as possible, it has also been theauthor’s intention to do so in a way which places these in their contextual frame-work This approach is intended to give insight into the relationship between thesubject and those various political, historical and cultural factors which have influ-enced and shaped its nature and content

refer-The author is greatly indebted to all those who have helped in the book’s lation and production Particular thanks is due to Ms Kelly Sidebotham, for herinvaluable administrative and clerical support The author would also like to expressbelated thanks to Mr R H Buckley, one-time Principal Lecturer in Law at ManchesterMetropolitan University, for all his help and advice over the years and for firstexciting the author’s interest in the subject

compi-Alex Carroll

xviii

Preface

A v United Kingdom (1999) 27 EHRR 611

Agricultural, Horticultural and Forestry

Industry Training Board v Aylesbury

Mushrooms [1972] 1 WLR 190 156

Ahmed v Austria (1996) 24 EHRR 278 401

Air Canada v Secretary of State for Trade

Alfred Crompton Amusement Machines Ltd

v Customs and Excise Commissioners

Anufrijeva v Southwark London Borough

Council [2003] EWCA Civ 1406 445, 456

Application for a warrant of further

detention, An, Re [1988] Crim LR 296

478

Argyll v Argyll [1967] Ch 302 542

Arrowsmith v United Kingdom (1978) 19 DR

5 418

Ashbridge Investments Ltd v Minister of

Housing and Local Government [1965] 1 WLR 1320 311

Ashworth Security Hospital v MGN Ltd

[2001] 1 WLR 515 460

Associated Provincial Picture Houses Ltd v

Wednesbury Corporation [1948] 1 KB 223

55, 323, 331, 334, 335, 336, 370, 446, 597

Association of British Civilian Internees (Far

East Region) v Secretary of State for

Defence [2003] EWCA Civ 473 335

Association X v United Kingdom (1978) 14

Attorney General v Guardian Newspapers

Attorney General v Ryan [1980] AC 718 369

Attorney General v Sharp [1931] 1 Ch 121

Beldjoudi v France (1992) 14 EHRR 801 415

Belgium Linguistics Case (1979-80) 1 EHRR

Bentley’s Case (Dr.) (1723) 1 Stra 557 339

Beusaid v United Kingdom [2003] 33 EHRR

Biggin Hill Airport Ltd v Bromley London

Borough Council [2001] EWCA Civ 1089

445

Bellinger v Bellinger [2003] UKHL 21 457

Birkdale District Electric Supply Co Ltd v

Board of Education v Rice [1911] AC 179 339

Boddington v British Transport Police [1998]

2 WLR 639; Times 3 April 1998 380

Bonham’s (Dr) Case (1610) 8 Co Rep 114

91, 339, 353

Bookbinder v Tebbit [1992] 1 WLR 217 295

Bouamer v Belgium (1988) 11 EHRR 1 405

Bourgoin SA v Ministry of Agriculture,

Fisheries and Food [1986] QB 716 285

Bowles v Bank of England [1913] 1 Ch 57

Bozano v France (1987) 9 EHRR 297 406

Bradbury v Enfield London Borough Council

Brickley and Kitson v The Police,

Bronda v Italy 9 June 1998 Hudoc 415

Brooks v Commissioner of Police of the

Burdett v Abbott (1814) 14 East 1 222

Burmah Oil Co Ltd v Bank of England [1980]

Cakici v Turkey (2001) 31 EHRR 133 401

Calder ( John) (Publications) Ltd v Powell

Carltona Ltd v Commissioners of Works

Chief Constable of Greater Manchester v

McNally [2002] EWCA Civ 14

Christian Democratic People’s Party v

Clarke v Chief Constable of North Wales

Coleen Properties Ltd v Minister of Housing

and Local Government [1971] 1 WLR 433

317

Collins v Wilcock[1984] 1 WLR 1172; [1984]

3 All ER 374 464

Colozza v Italy (1985) 7 EHRR 516 408

Commonwealth of Australia v John Fairfax

Cook’s Application, Re [1986] 1 NIJB 43 363

Cooper v Wandsworth Board of Works

Costa v ENEL [1964] ECR 585 108

Costello v Chief Constable of Derbyshire

[2001] 1 WLR 1437 491

Costello-Roberts v United Kingdom (1993)

19 EHRR 112 414

Council of Civil Service Unions v Minister

for the Civil Service [1985] AC 374 49, 64,

Day v Savadge (1615) Hob 85 91

De Falco v Crawley Borough Council [1980]

Dimes v Grand Junction Canal Proprietors

(1852) 3 HL Cas 759 353

Dingle v Associated Newspapers Ltd [1960] 2

QB 405 212, 216

Director General of Fair Trading v

Proprietary Association of Great Britain [2001] 1 WLR 700 454

Director of Public Prosecutions v A & BC

Chewing Gum Ltd [1968] 1 QB 159 528, 529

Director of Public Prosecutions v Hancock

and Tuttle [1995] Crim LR 139 518

Director of Public Prosecutions v Hawkins

Donoghue v Poplar Housing and

Regeneration Community Association [2001] EWCA Civ 595 383

Dory v Sweden 2003, Unreported 407

Earl Fitzwilliam’s Wentworth Estates Co Ltd

v Minister of Town and Country Planning

Edwards and Lewis v United Kingdom (2005)

40 EHRR 24; Times 22 July 2003 301, 408

Ellen Street Estates v Minister of Health

[1934] 1 KB 590 91

Elliott v Chief Constable of Wiltshire Times 5

December 1996 285

Ellis v Dubowski [1921] 3 KB 621 321

Ellis v Home Office [1953] 2 QB 135 289

Ennhorn v Sweden, 25 January 2005 406

Ennslin, Baader and Raspe v FRG 14 DR 64

401

Entick v Carrington (1765) 19 St Tr 1030 47

Erdogan v Turkey 26 July 2005 399

Errington v Minister of Health [1935] 1 KB

Fadeyeva v Russia 9 June 2005 414

Fairmount Investments Ltd v Secretary of State for the Environment [1976] 1 WLR 1255; [1976] 2 All ER 865 578

Family H v United Kingdom (1984) 37 DR

Freda v Italy 7 October 1980 433

G v Federal Republic of Germany (1989) 60

Gezer v Secretary of State for the Home

Department [2004] EWCA Civ 1730 450, 451

Ghaidan v Godin-Mendoza [2004] 2 AC 557

457

Gibson v Lord Advocate 1975 SC 136; [1975]

1 CMLR 563 103

Girling v Parole Board [2005] EWHC 546 452

Glaser v United Kingdom 19 September

Haim v Kassenzahnarztliche Vereinigung

Nordrhein (C424/97) [2000] ECR I-5123; [2000] All ER (D) 916 284

Halford v United Kingdom (1997) 24 EHRR

Haoucher v Minister of State for

Immigration and Ethnic Affairs (1990) 93 ALR 51 343

Harrison and Hope v Chief Constable of

Greater Manchester Unreported, September 14, 1994 501

Hashman v United Kingdom (2000) 30 EHRR

Hipperson v Electoral Registration Officer for

the District of Newbury [1985] QB 1060

Howes v United Kingdom (1979) 24 DR 425

Humphries v Connor (1864) 17 ICLR 1 513

Huntingdon Life Sciences Ltd v Curtin

International Transport Roth GmbH v

Secretary of State for the Home Department [2002] EWCA Civ 158 105,

447, 454

Internationale Handelsgesellschaft mbH v

Einfuhr- und Vorratsstelle fur Getreide [1970] ECR 1125 108

Inze v Austria (1988) 10 EHRR 394 431

Ireland v United Kingdom (1979-80) 2 EHRR

25 400, 401, 432

Issa v Turkey (31821/96) (2004) 41 EHRR 27

433

J v Secretary of State for the Home

Department [2005] EWCA Civ 629 451

JD v East Berkshire Community Health NHS

Trust [2003] EWCA Civ 1151 277

Jabari v Turkey (2001) 29 EHRR CD178 400

Jackson v Attorney General [2005] UKHL 56

Johansen v Norway (1996) 23 EHRR 33 415

John v Express Newspapers[2000] 1 WLR

Klass v Germany (1980) 2 EHRR 214 417

Knuller v Director of Public Prosecutions

Kokkinakis v Greece (1994) 17 EHRR 397 417

Konle v Austria [1999] ECR I-3099 284

Koshiyev v Russia, 24 February 2005 399

Krause v Switzerland (1978) 13 DR 73 411

Kremzow v Austria [1997] ECR I-2629 389

Krocher v Switzerland (1984) 6 EHRR CD395

Kyprianou v Cyprus 2004, Unreported 407

Lain v Chief Constable of Cambridgeshire,

Larner v Solihull Metropolitan Borough

Council [2000] EWCA 359; 20 December

2000, Smith Bernal Casetrack 276, 282

Laskey v United Kingdom (1997) 24 EHRR

Leander v Sweden (1987) 9 EHRR 433 417

Lee v Bude & Torrington Junction Railway

Co 8 (1871) LR 6 CP 576 90

Leonesio v Italian Ministry of Agriculture

and Forestry [1972] ECR 287; [1973] CMLR 343 83

Lever (Finance) Ltd v Westminster Corp

Loizidon v Turkey [1997] 23 ECHR 513 433

London Passenger Transport Board v Sumner

(1935) 99 JP 387 156

Lonrho Plc Re [1990] 2 AC 154 535

Lopez-Ostria v Italy (1994) 20 EHRR 277 414

Lord Advocate v Dumbarton DC [1990] 2 AC

580 HL; reversing 1988 SLT 546; Times 18

March 1988 55, 254

TABLE OF CASES xxvii

Lucas v Lucas and High Commissioner for

Mansur v Turkey (1995) 20 EHRR 535 405

Manuel v Attorney General [1983] Ch 77 61, 90

Marbury v Maddison (1803) 5 US (Cranch)

Marleasing SA v La Comercial Internacional

de Alimentacion SA [1990] ECR I-4135; [1992] 1 CMLR 305 84, 112

Marshall v Southampton and South West

Hampshire AHA [1986] QB 401; [1986] 1 CMLR 688 84, 283

Mathieu-Mohin v Belgium (1988) 10 EHRR 1

Mella v Monahan [1961] Crim LR 175 529

Melnik v Ukraine 26 January 2006 400

Menesheva v Russia 9 March 2006 400

Mepstead v Director of Public Prosecutions

[1996] COD 13;[1996] Crim LR 111 464

Mercury Communications Ltd v Director

General of Telecommunications [1996] 1 WLR 48 379

Merseyside Police v Hickman see Chief Constable of Merseyside v Hickman Metropolitan Asylum District Managers v

Hill (1881) LR 6 App Cas 193 285

Middleweek v Chief Constable of Merseyside

Mills v London County Council [1925] 1 KB

Mulcahy v Ministry of Defence [1996] 2

Nemerzhitsy v Ukraine 5 April 2005 400

New South Wales v Bardolph (1934) 53 CLR

Norris v Ireland (1991) 13 EHRR 186 444

Norwich Pharmacal Co v Customs and

Olsson v Sweden (1989) 11 EHRR 259 417

Open Door Counselling Ltd and Dublin Well

Woman Centre v Ireland (1993) 15 EHRR

244 419

O’Reilly v Mackman [1983] 2 AC 237 318,

360, 366, 378, 379

Oskar v Australia [1988] AC 366 365

Osman v Director of Public Prosecutions

(1999) 163 JP 725; Lexis Transcript 1July

Ozgur v Turkey 16 March 2000 Hudoc 419

PG and JH v United Kingdom Times, 19

Pellegrin v France (2001) 31 EHRR 26 407

Pendragon v United Kingdom 19

October1998 Hudoc 425

Pepper v Hart [1992] 3 WLR 1032 213, 440

Percy v Director of Public Prosecutions

TABLE OF CASES xxix

Peters v Netherlands (1994) 77-A DR 75) 414

Phelps v Hillingdon London Borough

Council [2001] 2 AC 619 274, 275, 276, 279

Philcox v Civil Aviation Authority (1995) 92(27) LSG 33; Times, 8 June 1995 278

Police v Reid [1987] Crim LR 702 506

Porter v Magill [2001] UKHL 67 331, 355

Powell v Chief Constable of North Wales

Pretto v Italy (1984) 6 EHRR 182 409

Pretty v United Kingdom (2002) 35 EHRR 1

399, 412

Prince of Wales, HRH v Associated

Newspapers [2006] EWHC 522 544

Price v Rhondda UDC [1923] 2 Ch 372 330

Price v United Kingdom (2002) 34 EHRR 53

R (on the application of Abbasi) v Secretary

of State for Foreign and Commonwealth Affairs [2002] EWCA Civ 1598

259

R (on the application of Adams) v Secretary

of State for the Home Department [2005] UKHL 66 451

R (on the application of Al Hasan) v

Secretary of State for the Home Department [2005] UKHL 13 355

R (on the application of Al-Skeini) v

Secretary of State for Defence [2005] EWCA Civ 1609 446

R (on the application of Amin v Secretary of

State for the Home Department [2003] UKHL 51 449

R (on the application of Anderson) v

Secretary of State for the Home Department [2002] UKHL 46 454

R (on the application of B) v Secretary of

State for Foreign and Commonwealth Affairs [2004] EWCA Civ 1344 446

R (on the application of B) v Secretary of

State for the Home Department [2002] EWHC 587 260

R (on the application of Bagdanavicius) v

Secretary of State for the Home Department [2005] UKHL 38 451

R (on the application of Beer (t/a Hammer

Trout Farm) v Hampshire Farmers Markets

Ltd [2003] EWCA Civ 1056 383

R (on the application of Begum) v Denbigh

High School [2006] UKHL 15 459

R (on the application of Bernard) v Enfield

London Borough Council [2002] EWHC

2282 445

R (on the application of Bibi and Al-Nashed)

v Newham London Borough Council

[2001] EWCA Civ 607 352

R (on the application of Clark-Darby) v

Highbury Magistrates Court [2001] EWHC Admin 959 346

R (on the application of Collins) v

Lincolnshire Health Authority [2001] EWHC Admin 685 352

R (on the application of Countryside

TABLE OF CASES

xxx

Alliance) v Attorney General [2006] EWCA

Civ 817 456, 461

R (on the application of D) v Secretary of

State for the Home Department [2006]

EWCA Civ 143 450

R (on the application of Director of Public

Prosecutions) v Acton Youth Court [2001]

EWHC Admin 402 303

R (on the application of Farrakhan) v

Secretary of State for the Home Department [2002] EWCA Civ 606 448

R (on the application of Fuller) v Chief

Constable of Dorset [2001] EWHC Admin

1057 510

R (on the application of Gentle) v Prime

Minister [2006] EWCA Civ 1078 450

R (on the application of Greenfield) v

Secretary of State for the Home Department [2005] UKHL 14 454, 455

R (on the application of Gurung) v Ministry

of Defence [2002] EWHC 2463 332, 333

R (on the application of Haw) v Secretary of

State for the Home Department [2006]

EWCA Civ 532 507

R (on the application of Hirst) v Secretary of

State for the Home Department [2006]

EWCA Civ 945 452

R (on the application of I) v Secretary of

State for the Home Department [2002]

EWCA Civ 888 453

R (on the application of Laporte) v Chief

Constable of Gloucestershire [2004] EWCA Civ 1639 461

R (on the application of M) v Secretary of

State for Constitutional Affairs [2004]

EWCA Civ 312 454

R (on the application of McCann) v

Manchester Crown Court [2003] 1 AC 787

455

R (on the application of Mellor) v Secretary

of State for the Home Department [2001]

EWCA Civ 472 461

R (on the application of Middleton) v

Coroner for Western Somerset [2004]

UKHL 10 450

R (on the application of N) v Secretary of

State for the Home Department [2006]

UKHL 31 451

R (on the application of Nilsen) v Full Sutton

Prison [2004] EWCA Civ 1540 460

R (on the application of Noorkoiv) v

Secretary of State for the Home Department (No.2) [2002] EWCA Civ 770

452

R (on the application of PW) v Metropolitan

Police Commission [2006] EWCA Civ 458

508

R (on the application of Plymouth City

Council) v HM Coroner for Devon [2005]

R (on the application of Quark Fishing Ltd) v

Secretary of State for Foreign and Commonwealth Affairs [2005] UKHL 57

446

R (on the application of Rashid) v Secretary

of State for the Home Department [2005] EWCA Civ 744 352

R (on the application of Reprotech

(Pebsham) Ltd) v East Sussex County

Council [2002] UKHL 8 327, 328

R (on the application of Robertson) v

Wakefield Metropoltan District Council [2001] EWHC Admin 915 458

R (on the application of Rogers) v Swindon

NHS Primary Care Trust [2006] EWCA Civ

392 332, 333

R (on the application of Samaroo) v

Secretary of State for the Home Department [2001] EWCA Civ 1139 447

R (on the application of Scholes) v Secretary

of State for the Home Department [2006] EWHC 1 449

R (on the application of Singh) v Chief

Constable of the West Midlands [2005] EWHC 2840 509

R (on the application of Smith) v Secretary

of State for the Home Department [2005] UKHL 51 452

R (on the application of Southall) v Secretary

of State for Foreign and Commonwealth Affairs (Application for Permission to Appeal) [2003] EWCA Civ 1002 61

R (on the application of Tozlukaya) v

Secretary of State for the Home Department [2006] EWCA Civ 379 451

R (on the application of Tucker) v Director

General of the National Crime Squad [2003] EWCA Civ 2 350

TABLE OF CASES xxxi

R (on the application of West) v Parole Board

[2005] UKHL 51 452

R (on the application of Williamson) v

Secretary of State for Education and Employment [2005] UKHL 15 458, 459

R (on the application of Wooder) v Feggetter

[2002] EWCA Civ 554 350

R v A [2001] UKHL 25 440

R v Absolam (1989) 88 Cr App R 3 481

R v Advertising Standards Authority, ex p

Insurance Services (1990) 2 Admin LR 7

R v Board of Visitors of the Maze Prison, ex p

Hone and McCartan [1988] AC 379 347

R v Bow Street Magistrates Court, ex p

R v Chief Constable of Sussex, ex p

International Traders’ Ferry Ltd [1997] 3 WLR 132 279

R v Chief Constable of Warwickshire, ex p [1999] 1 WLR 564; Independent 13 October

1997 487

R v Chief Constable of the West Midlands,

R v Chief Immigration Officer, Heathrow

Airport, Bibi (Salamat) [1976] 1 WLR 979; [1976] 3 All ER 843 390

R v Chief Rabbi of the United Hebrew

Congregations of Great Britain and the

R v Commissioner for Local Administration,

ex p Croydon London Borough Council

[1989] 1 All ER 1033 600

R v Commissioner for Local Administration

ex p Eastleigh Borough Council [1988] QB

R v Electricity Commissioners, ex p London

Electricity Joint Committee [1924] 1 KB

R v Football Association of Wales, ex p Flint

Town United Football Club [1991] COD

R v Governor of Armley Prison, ex p Ward

R v Higher Education Funding Council, ex p

Institute of Dental Surgery [1994] 1 WLR

242 349

TABLE OF CASES xxxiii

R v Hillingdon London Borough Council, ex

R v Horseferry Road Magistrates Court, ex p

Bennett (No.2) [1994] 1 All ER 289 302

R v Horseferry Road Magistrates Court, ex p

R v Imam of Bury Park Mosque, Luton, ex p

Sulaiman (Ali) [1992] COD 132;

R v Inland Revenue Commissioners, ex p

National Federation of Self Employed and Small Businesses Ltd [1982] AC 617 358, 360

R v Inner London Crown Court, ex p Baines

& Baines [1988] QB 579; [1987] 3 All ER

1025 488, 489

R v Inner London Education Authority, ex p Ali (1990) 2 Admin LR 822; Times, 21

February 1990 273

R v Inner London Education Authority, ex p

Westminster City Council [1986] 1 WLR

R v Kansal (No.2) [2001] UKHL 62 445

R v Kirk [1985] 1 All ER 453; [1984] ECR

R v Liverpool Corporation, ex p Liverpool

Taxi Fleet Operators Association [1972] 2

QB 299 342

R v London Metal Exchange Ltd, ex p

Albatros Warehousing BV Unreported 383

R v Londonderry Justices, ex p Hume [1972]

R v Marsh [1991] Crim LR 455 480

R v Mason [1988] 1 WLR 139; [1987] 3 All

ER 481 484

R v Mason [2002] EWCA Crim 385 484, 485

R v Medical Appeal Tribunal, ex p Gilmore

R v Ministry of Defence, ex p Murray [1998]

COD 134; Times 17 December 1997

R v Pitt; R v Mead (1763) 3 Burr 1335 221

R v Poplar Municipal Borough Council, ex p

R v Secretary of State for the Environment,

ex p Doncaster Borough Council [1990]

COD 441 360

R v Secretary of State for the Environment,

ex p Hammersmith and Fulham LBC

[1991] 1 AC 521 99, 156, 373

R v Secretary of State for the Environment,

ex p Kirkstall Valley Campaign Ltd 2

R v Secretary of State for Foreign and Commonwealth Affairs, ex p Butt [1999]

COD 470; Smith Bernal Casetrack

R v Secretary of State for Health, ex p US

Tobacco International Inc [1992] QB 353

323, 362

R v Secretary of State for the Home

TABLE OF CASES

xxxiv

R v Secretary of State for the Home Department, ex p Phansopkar [1976] QB

R v Secretary of State for Social Services, ex p

Association of Metropolitan Authorities [1986] 1 WLR 1; [1986] 1 All ER 164 99,

153, 361

R v Secretary of State for Social Services, ex p

Child Poverty Action Group [1989] 3 WLR

1116 359

R v Secretary of State for Trade, ex p

Anderson Strathclyde Plc [1983] 2 All ER

233 213

R v Secretary of State for Transport, ex p

Factortame Ltd (No.1) [1990] 2 AC 85; [1989] 2 All ER 692; [1989] 3 CML353 110

R v Secretary of State for Transport, ex p

Factortame Ltd (No.2) [1991] 1 AC 603; [1991] 1 All ER 70 40,110, 111

R v Secretary of State for Transport, ex p

R v Southwark Crown Court, ex p Sorsky

Defries [1996] COD 117; [1996] Crim LR

R v Wiltshire County Council, ex p Lazard Brothers & Co Ltd Times 13 January 1998

371

Racal Communications Ltd, Re [1981] AC

374 319, 369

Raninen v Finland (1998) 26 EHRR 563 400

Rasmussen v Denmark (1984) 7 EHRR 371

Roberts v Parole Board [2005] UKHL 45 338

Robertson v Minister of Pensions [1949] 1 KB

TABLE OF CASES

Roy v Kensington and Chelsea and

Westminster Family Practitioner Committee [1992] 2 WLR 239 379

Royal Aquarium Society Ltd v Parkinson

Sadik v Greece (1997) 24 EHRR 323 443

Salaman v Secretary of State in Council of

India [1906] 1 KB 613 252

Saliadin v France 26 July 2005 402

Sander v United Kingdom (2001) 31 EHRR

Secretary of State for Education and Science

v Tameside Metropolitan Borough Council

Secretary of State for the Home Department

v SS and Others [2006] EWCA Civ 1141 452

Secretary of State for Work and Pensions v M

[2006] UKHL 11 456, 457

Shamayev v Georgia 12 April 2005 406

Shaughnessy v United States (1953) 345 US

Spadea v Italy (1995) 21 EHRR 482 427

Sparks v Edward Ash Ltd [1943] KB 223 156

Spiegelman v Hocker (1933) 50 TLR 87 288

Sporrong v Sweden (1982) 5 EHRR 35 427

Stafford v United Kingdom (2002) 35 EHRR 32; Times 31 May 2002 403

Stankov v Bulgaria 2 October, 2001 Hudoc

Taylor v Lawrence [2001] EWCA Civ 119 355

Terrell v Secretary of State for the Colonies

[1953] 2 QB 482 268

Thoburn v Sunderland City Council Joined Cases: Harman v Cornwall CC; Collins v Sutton LBC; Hunt v Hackney LBC [2002]

EWHC 195 93

Thomas v Sawkins [1935] 2 KB 249 513, 514

Tims v John Lewis & Co [1952] AC 676 473

Tolstoy Miloslavsky v United Kingdom

(1995) 20 EHRR 442 421

Tomasi v France (1993) 15 EHRR 1 400

Three Rivers DC v Bank of England (No.2)

Valentine v Director of Public Prosecutions

[1997] COD 339; Current Law, June 1977

Vauxhall Estates v Liverpool Corporation

Vogt v Germany (1996) 21 EHRR 205 423

W v United Kingdom (1988) 10 EHRR 29

Wednesbury Corporation v Ministry of

Housing and Local Government [1965] 1 WLR 261 289

Wednesbury Corporation v Ministry of

Housing and Local Government (No.2) [1966] 2 QB 275 578

Weeks v United Kingdom (1988) 10 EHRR

TABLE OF CASES xxxix

Wemhoff v Germany (1980) 1 EHRR 55 404, 407

Wershof v Commissioner of Police of the

Whitmarsh v Chief Constable of Avon and

Somerset Unreported, CA (Civ Div)

Williams v Bedwellty Justices [1997] AC 225;

[1996] 3 All ER 737 319

Williams v Home Office (No.1) [1981] 1 All

ER 1151 293, 337

Williamson v Chief Constable of the West

Midlands [2003] EWCA Civ 337

X v United Kingdom (1982) 4 EHRR 188 107

X v United Kingdom Application 11644/8,

Yildtz v Turkey 10 November 2005 400

Young, James and Webster v United