England and Wales Case 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.

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

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R (on the application of Barclays Bank UK PLC & Ors) v Financial Ombudsman Service Limited

Costs judgment in four linked judicial review claims. Barclays’ recoverable costs were reduced by 8%; Santander, NatWest and Vanquis recovered their costs in full.

• Costs
• Judicial review
• Payment on account
• Fos jurisdiction
• Consumer credit act 1974 section 140a
• Cpr part 44

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Witness IIA126, R (on the Application of) v The Chairman of the Independent Inquiry Relating to Afghanistan

The Court declined to dismiss the Claimant’s disclosure requests (items 6-19) at this stage, holding it premature given the unexpired deadline and unresolved communication mechanisms. The Court adopted the Defendant’s proposal for a single-stage hearing for disclosure and CMP applications, finding it more efficient and appropriate given the nature of the issues and the need for expedition. The Court set directions for provision of gists and other case management matters, inviting parties to agree a draft order accordingly.

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• Judicial review
• Closed material procedure
• Disclosure
• Restriction orders
• Case management
• Inquiries

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RA & Anor (R, on the application of) v Secretary of State for Foreign, Commonwealth and Development Affairs

The High Court lacked jurisdiction to make general directions affecting other cases, non-parties, and future litigation, and erred by mandating executive policy changes; such orders exceeded judicial powers and breached separation of powers.

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• Judicial review
• Separation of powers
• Case management
• Closed material procedure
• Duty of candour
• Mandatory orders

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Scorthorne, R (on the application of) v Peterborough County Court

Permission for judicial review is refused because the claim has become academic, there is sufficient High Court authority on the issue, and no exceptional public interest justifies proceeding; CPR 32.13 confers an automatic right of inspection during trial, but the Deputy District Judge erred in requiring a formal application and failing to consider alternatives; however, a declaration would serve no practical purpose.

Source excerpt

• Open justice
• Inspection of witness statements
• Judicial review
• Court procedure

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Camilla Swire, R (on the application of) v Canterbury City Council

Canterbury City Council acted lawfully and rationally in granting planning permission for the slip road development without requiring an Environmental Impact Assessment. The Council properly considered the loss of Park and Ride capacity, relied on consultation responses from the highways authority, and was entitled to conclude that the environmental effects were not likely to be significant. The Council complied with its duty to inform itself and was not required to assess hypothetical future expansion schemes for the P&R. The reliance on section 278 Highways Act 1980 did not render the decis…

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• Environmental impact assessment (eia)
• Judicial review
• Planning permission
• Highways law
• Local government
• Transport assessment

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Charity Commission for England and Wales v Parliamentary and Health Service Ombudsman

The High Court refused the Charity Commission’s judicial review challenge to an Ombudsman decision, holding the claim academic and, in any event, unarguable.

• Judicial review
• Parliamentary privilege
• Maladministration
• Ombudsman powers
• Safeguarding
• Charity regulation

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Leila Eslami v North Tyneside Magistrates’ Court

The Magistrates’ Court failed to give adequate reasons for its refusal, rendering the decision unlawful and justifying quashing and remittal for reconsideration.

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• Account freezing orders
• Proceeds of crime
• Judicial review
• Reasonable living expenses
• Adequacy of reasons

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Rheinallt Williams & Anor, R (on the application of) v Natural Resources Wales

NRW lawfully exercised its discretion under section 165 of WRA 1991, had no power as IDB to maintain the embankment, considered all relevant matters including statutory framework, funding, and impact, struck a fair balance under A1P1 ECHR, and provided adequate reasons for its decision; none of the grounds of challenge succeed.

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• Judicial review
• Flood risk management
• Land drainage
• Statutory interpretation
• Proportionality
• Duty to give reasons

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Luton And District Association for the Control of Aircraft Noise, R (On the Application Of) v London Luton Airport Ltd

Luton And District Association for the Control of Aircraft Noise, R (On the Application Of) v London Luton Airport Ltd [2026] EWCA Civ 648 (21 May 2026)

The Court of Appeal refused an extension of time to appeal against dismissal of a planning judicial review, stressing strict deadlines for NSIP challenges.

• Development consent orders
• Nationally significant infrastructure projects
• Extension of time for appeal
• Judicial review
• Civil procedure rules
• Extension-of-time

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