S, R (on the application of) v X [2011] EWHC 1645 (Admin) (09 June 2011)

S, R (on the application of) v X [2011] EWHC 1645 (Admin) (09 June 2011)

Permission is granted to challenge the lawfulness of X's guidance and practice on publication of decision notices under section 391(4) of the Z Act 2000, as it is arguable that the guidance does not sufficiently distinguish between appropriateness for decision notices and final notices. Interim relief is granted restraining publication pending determination of these proceedings or the Upper Tribunal's decision on privacy, conditional on the claimants making appropriate applications to the Upper Tribunal within 14 days.

Citation
[2011] EWHC 1645 (Admin)
Parties
Claimant: S; Defendant: X
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Judicial Review / Permission Application and Interim Relief
Outcome
Permission granted for judicial review; interim relief granted
Legal Topics
Publication of Decision Notices, Statutory Interpretation, Judicial Review Procedure, Human Rights (echr), Upper Tribunal Powers, Financial Penalties
Administrative Law Financial Regulation Publication of Decision Notices Statutory Interpretation Judicial Review Procedure Human Rights (echr) Upper Tribunal Powers Financial Penalties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S

Claimant

X

Defendant

Procedural Posture

Judicial Review / Permission Application and Interim Relief

Legal Issues

  1. 1 Whether X's guidance on publication of decision notices under section 391(4) of the Z Act 2000 is lawful
  2. 2 Whether publication of a decision notice prior to final determination is appropriate or unfair
  3. 3 Whether the claimants were prejudiced by the timing of statutory changes and guidance

Ratio Decidendi

Permission is granted to challenge the lawfulness of X's guidance and practice on publication of decision notices under section 391(4) of the Z Act 2000, as it is arguable that the guidance does not sufficiently distinguish between appropriateness for decision notices and final notices. Interim relief is granted restraining publication pending determination of these proceedings or the Upper Tribunal's decision on privacy, conditional on the claimants making appropriate applications to the Upper Tribunal within 14 days.

Court Disposition

Permission granted for judicial review; interim relief granted

Orders

  • Defendant restrained from publishing the decision notice or its contents until the earlier of the determination of these proceedings or the Upper Tribunal's determination on privacy, conditional on claimants making all appropriate applications to the Upper Tribunal within 14 days
  • Parties to be anonymised under CPR 39.2