England and Wales Case Law

Ribble Valley Borough Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Anor

The Inspector unlawfully applied the Green Belt policy exception in NPPF paragraph 154(g) to the entire site without properly assessing the extent and proportion of previously developed land as required by law, failed to provide adequate reasons for this conclusion, took into account an immaterial consideration (equestrian use), and reached an irrational conclusion, thereby rendering the planning permission unlawful and requiring it to be quashed.

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• Green belt policy
• National planning policy framework (nppf)
• Previously developed land (pdl)
• Planning appeals
• Statutory review
• Decision-making process

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ATB, R (on the application of) v The Welsh Ministers

The High Court refused permission for a child’s judicial review of Welsh regulations restricting GP prescribing of puberty blockers, finding delay and no arguable challenge.

• Judicial review
• Public sector equality duty
• Uncrc compliance
• Prescription of puberty blockers
• Decision-making process
• Delay in judicial review

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Police and Crime Commissioner for the West Midlands, R (on the application of the) v Secretary of State for the Home Department

The Home Secretary failed to provide sufficient information in the consultation document to permit intelligent and informed public response as required by section 113 of the 2009 Act; therefore, the consultation was unlawful and the decision to transfer PCC functions to the Mayor must be quashed.

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• Consultation requirements
• Statutory interpretation
• Decision-making process
• Judicial review grounds
• Public authority obligations

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LND1 & Ors v Secretary of State for the Home Department & Anor

LND1 & Ors v Secretary of State for the Home Department & Anor [2023] EWHC 1795 (Admin) (14 July 2023)

Judicial review over an ARAP refusal succeeded on the core eligibility issue. The court held the decision-maker wrongly assessed Condition 1 without properly considering Condition 2.

• Afghan relocations assistance policy (arap)
• Eligibility criteria
• Immigration rules
• Judicial review
• Decision-making process
• Duty to give reasons

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Gayle, R (on the application of) v The Secretary of State for the Home Department

Gayle, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 3385 (Admin) (21 December 2017)

Judicial review of a refusal to grant indefinite leave to remain succeeded because the Home Secretary failed to properly consider medical evidence.

• Indefinite leave to remain
• Judicial review
• Article 8 echr
• Discretionary leave
• Mental health evidence
• Decision-making process

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Gayle, R (on the application of) v The Secretary of State for the Home Department

The High Court quashed a Home Office decision refusing indefinite leave to remain, finding it had not properly considered medical evidence about the claimant’s mental health.

• Indefinite leave to remain
• Judicial review
• Article 8 echr
• Mental health and immigration
• Decision-making process
• Indefinite-leave-to-remain

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Reigate And Banstead Borough Council v Secretary of State for Communities And Local Government & Anor

Reigate And Banstead Borough Council v Secretary of State for Communities And Local Government & Anor [2017] EWHC 1562 (Admin) (27 June 2017)

The High Court quashed an inspector’s planning decision for misapplying section 38(6) and the NPPF by treating sustainable development as a free-standing test.

• Statutory interpretation
• Development plans
• Sustainable development
• National planning policy framework (nppf)
• Housing land supply
• Decision-making process

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Jayes, R (On the Application Of) v Hamilton

The High Court quashed Flintshire County Council’s grant of temporary gypsy-site permission because the officer’s report failed to properly assess the best interests of children on the site.

• Children's best interests
• Planning permission
• Temporary planning permission
• Gypsy and traveller accommodation
• Decision-making process
• Judicial review

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KP (Sri Lanka) v Secretary of State for the Home Department

KP (Sri Lanka) v Secretary of State for the Home Department [2015] EWCA Civ 291 (16 December 2015)

The Court of Appeal refused permission to appeal, holding that an internal 24 May 2010 entry did not amount to a binding grant of indefinite leave to remain.

• Indefinite leave to remain
• Legacy programme
• Decision-making process
• Fairness and transparency
• Data protection act subject access request
• Immigration

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KP (Sri Lanka) v Secretary of State for the Home Department

The Court of Appeal refused permission to appeal, holding that an internal 24 May 2010 GCID entry did not amount to a binding ILR decision before later reconsideration.

• Indefinite leave to remain
• Decision-making process
• Judicial review
• Fairness and transparency
• Binding administrative decisions
• Immigration-law

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