Esheria England and Wales Case Law
Sign in
England and Wales Source-linked decisions Coverage checked

England and Wales Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter England and Wales case law

Results update automatically as you type.

England and Wales decisions

Decisions matching the current search

Clear filters
Administrative law

Amin Dharmeshkumar v Secretary of State for Housing, Communities and Local Government & Anor

The correct test for permission to appeal to the Court of Appeal under s.289(6) of the Town and Country Planning Act 1990 is the first appeals test in CPR 52.6, not the second appeals test in CPR 52.7, because s.55 of the Access to Justice Act 1999 does not impliedly repeal the specific provision in s.289(6) and Parliament has not expressly required the second appeals test for this category of appeal.

Source excerpt

  • Appeals
  • Permission to appeal
  • Statutory interpretation
  • Planning enforcement
Read case analysis
Administrative law

Chief Constable of Derbyshire Constabulary (R, on the application of) v Police Misconduct Panel

The Panel's findings on the content and effect of the telephone calls were adequately reasoned and within the range of reasonable decisions, but its decision to impose a final written warning rather than dismissal was inadequately explained and inconsistent with its own findings regarding the failure to follow a superior officer's advice and the seriousness of the harm, thus requiring the outcome decision to be quashed and remitted for reconsideration.

Source excerpt

  • Judicial review of disciplinary decisions
  • Police misconduct
  • Adequacy of reasons
  • Sanctions in professional misconduct
  • Standard of proof in disciplinary proceedings
Read case analysis
Administrative law

Paul Allan Jones v Registrar of Approved Driving Instructors

The appellant's conduct, specifically sending inappropriate and sexual text messages to a pupil and engaging in unprofessional behaviour, fell short of the high standards required of an Approved Driving Instructor. The Tribunal found that the Registrar had established, on the balance of probabilities, that the appellant was not a fit and proper person to remain on the Register, and the appellant's personal circumstances did not mitigate the seriousness of the misconduct.

Source excerpt

  • Professional misconduct
  • Fitness to practice
  • Driving instructor registration
  • Public confidence
  • Tribunal powers
Read case analysis
Criminal law

GSX, R (on the application of) v The Crown Court at Southwark

The FCA and police made significant legal errors in seeking and executing the warrant, particularly regarding privileged material and the SIF, but did not act in bad faith or with egregious disregard for statutory safeguards. The statutory scheme provides for retention to be determined by the Crown Court under s.59, and the court should not grant exceptional relief depriving the interested parties of this opportunity.

Source excerpt

  • Search warrants
  • Legal professional privilege
  • Disclosure
  • Public interest immunity
  • Retention of seized property
Read case analysis
Immigration law

Nino Henriques Nunes v Secretary of State for the Home Department

The Secretary of State misapplied the Discretionary Leave Policy transitional arrangements by retrospectively applying criminality thresholds to the Claimant, who was granted DL before 9 July 2012. The correct interpretation is that pre-July 2012 applicants should normally be dealt with under the earlier policy unless they fall within restricted leave or there is a material change of circumstances. The SSHD's application of the new criminality thresholds was unlawful in this context.

Source excerpt

  • Indefinite leave to remain
  • Discretionary leave policy
  • Criminality thresholds
  • Transitional arrangements
  • Article 8 echr
  • Article 14 echr
Read case analysis
Childcare regulation

Marcia Janice Steele v Ofsted

The evidence demonstrates grave concerns about the appellant's judgment and ability to safeguard children, particularly her failure to prevent children being present during a scheduled eviction and her actions to delay enforcement using children. The threshold for suspension under regulation 9 is met, and the suspension decision is necessary, justified, and proportionate pending further investigation.

Source excerpt

  • Suspension of registration
  • Risk assessment
  • Proportionality
  • Public interest
  • Safeguarding children
Read case analysis
Administrative law

Yasim Haidari v The Registrar of Approved Driving Instructors

The appellant failed the instructional ability and fitness test for the third time, and regulation 14(b) of the 2005 Regulations mandates that the licence ceases in such circumstances, leaving no reasonable prospect of the appeal succeeding.

Source excerpt

  • Driving instructor licensing
  • Appeals
  • Tribunal procedure
  • Striking out applications
Read case analysis
Administrative law

Ubayd Ansari v Registrar of Approved Driving Instructors

The Appellant failed to comply with the conditions of the first trainee licence by receiving training from an instructor not named on the licence. The purpose of the trainee licence is not to allow indefinite attempts at the Part 3 test. The Appellant did not demonstrate that the Registrar’s decision was wrong.

Source excerpt

  • Trainee driving instructor licensing
  • Regulatory compliance
Read case analysis
Administrative law

Russell Thorpe v Registrar of Approved Driving Instructors

The appeal was struck out because the appellant failed his third attempt at the instructional ability test, and the law prohibits granting a trainee licence after such failure, leaving no reasonable prospect of success.

Source excerpt

  • Driving instructor licensing
  • Trainee licence
  • Tribunal procedure
Read case analysis
Administrative law

OAJ & Ors, R (on the application of) v His Majesty's Treasury & Anor

Permission for judicial review is refused because the eligibility criteria for statutory childcare schemes are within statutory powers, discrimination is objectively justified, the criteria are rational, and the public sector equality duty was adequately discharged or subsequently remedied, with no substantial likelihood of a different outcome.

Source excerpt

  • Judicial review
  • Statutory interpretation
  • Discrimination
  • Public sector equality duty
  • Immigration control
  • Childcare eligibility
Read case analysis

About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.