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England and Wales Case Law

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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
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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
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Landlord and tenant law

Arthur Phillips & Anor v Tess Garraway

A tenancy under which the only rent consists of the provision of services to which no monetary value is attributed is a tenancy under which no rent is payable within the meaning of the Housing Act 1988, and is therefore excluded from being an assured tenancy. The established meaning of 'rent' from the Rent Acts applies, requiring monetary payment or an agreed monetary value for goods/services.

Source excerpt

  • Definition of rent under housing act 1988
  • Assured tenancy requirements
  • Statutory interpretation
  • Rent in kind or services
  • Eviction and possession proceedings
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Education law

DOL, R (on the application of) v Southampton City Council

The High Court held that a local authority acted unlawfully by delaying implementation of an FtT-ordered EHC plan amendment while a UT suspension application was pending.

  • Special educational needs and disabilities
  • Education, health and care plans
  • Tribunal appeals and suspension of orders
  • Judicial review relief
  • Statutory interpretation
  • Special-educational-needs
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Administrative law

Malik Muhammad Naeem v Registrar of Approved Driving Instructors

The appellant had already benefited from two trainee licences and an extended period due to appeal. Statutory provisions do not entitle continual renewal until passing Part 3. Exceptional circumstances do not override the statutory framework, and the Registrar's decision was not wrong.

Source excerpt

  • Trainee driving instructor licensing
  • Statutory interpretation
  • Regulatory appeals
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Administrative law

Angar Safi v Registrar for Approved Driving Instructors

The Appellant failed to demonstrate that the Registrar's refusal to grant a third trainee licence was wrong. The statutory purpose of the trainee licence is to provide a reasonable opportunity for practical experience, not to guarantee continued paid instruction until all exam attempts are exhausted. The Appellant had sufficient time and opportunity to gain experience, and alternative means of preparation exist without a licence.

Source excerpt

  • Driving instructor licensing
  • Trainee licence refusal
  • Statutory interpretation
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Administrative law

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.

Source excerpt

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

ITH Group Limited v The Environment Agency

The Tribunal upheld service of ESOS notices but found the £33,750 civil penalty unreasonable, reducing it to £16,875 and directing a revised notice.

  • Energy savings opportunity scheme (esos)
  • Civil penalties
  • Service of documents
  • Statutory interpretation
  • Energy-savings-opportunity-scheme
  • Civil-penalties
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Transport law

Jignesh M. Pankhania v The Registrar of Approved Driving Instructors

The First-tier Tribunal dismissed an appeal against refusal of a third trainee driving instructor licence, holding the decision was lawful and consistent with the statutory scheme.

  • Driving instructor licensing
  • Statutory interpretation
  • Discretionary decision-making
  • Driving-instructor-licensing
  • Statutory-appeals
  • Administrative-law
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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.