England and Wales High Court of Justice

[هيثم الفقى]

[align=left]
Mayer Parry Recycling Ltd, R (on the application of) v Environment Agency & Anor, Court of Appeal - Administrative Court, September 08, 2000, [2000] EWHC Admin 388


Case No: CO/0512/2000

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 9th November 2000


be f o r e :

MR JUSTICE COLLINS



- - - - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - - - - - - - - - - -

Michael Fordham, for the Applicant
Tom De La Mare and Philip Sales for the Secretary of State John Howell Q.C and Mary Hoskins f...
[/align]

[هيثم الفقى]

[align=left]
Rumsey v Secretary Of State For Environment Transport & Regions & Anor, Court of Appeal - Administrative Court, October 11, 2000, [2000] EWHC Admin 399

11

Case no: CO/563/2000

IN THE high court of justice
QUEENS BENCH DIVISION
CROWn OFFICE

Royal Courts of justice
Strand, London, wc2a 2ll

Wednesday 11 October, 2000

Before:

MR DUNCAN OUSLEY QC
(Sitting as a Deputy Judge of the Queen's Bench Division)

-------------------

RUMSEY
-v-
SECRETARY OF STATE FOR THE ENVIRONMENT
TRANSPORT AND THE REGIONS
and
WAVERLEY BOROUGH COUNCIL
____________________

(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________

MR J. PERERIRA (Instructed by Shuttan Paul & Co, Middle*** UB1 1SW) appeared on behalf of the Appellant

MR M GIBBON (Instructed by the Treasury Solicitor, London SW1H) appeared on behalf of the Respondent
____________________

Judgment
As Approved by the Court

Crown Copyright ©







MR DUNCAN OUSLEY QC:
The Claimant sought planning permission for an extension to his house, by way of adding a floor to the existing bungalow, and approximately doubling its present size. The house "Beechnut House", Green Lea Wood, Frensham Hall Estate, Haslemere, is one of a number scattered in the countryside of Waverley Borough Council, beyond the Green Belt, in an Area of Outstanding Natural Beauty and an Area of Great Landscape Value. Waverley Borough Council refused planning permission because of the harmful conflict, which it thought the prop...
[/align]

[هيثم الفقى]

[align=left]
East Riding Of Yorkshire Council, R (on the application of) v Joint Committee For Purpose Of Making Appointments To Humberside Police Auority, Court of Appeal - Administrative Court, December 19, 2000, [2000] EWHC Admin 434



Case No: CO/3470/2000
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand, London, WC2A 2LL

Tuesday 19th December 2000

B e f o r e :

THE HON MRS JUSTICE RAFFERTY


- - - - - - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - - - - - - - - - - - - -
Mr T Straker QC and Mr R Palmer (instructed by Sharp Pritchard Solicitors for the Appellant)
Mr A Pardoe QC (for the Respondent)
- - - - - - - - - - - - - - - - - - - - -

Judgment
As Approved by the Court
Crown Copyright ©







MRS JUSTICE RAFFERTY:
1. This is an application for judicial review of the 4th September 2000 decision of the Joint Committee for the purpose of making appointments to the Humberside Police Authority ("the joint committee") to appoint members of the police authority and/or to resolve that it was entitled to disregard independent councillors in the exercise of its duty to ensure that the members it appoints to the Humberside Police Authority reflect the balance of parties for the time being prevailing among the members of the relevant councils taken as a whole. The relief sought is certiorari to quash the decision, and a stay of the implementation of any decision purportedly made on the 4th.
2. On the 1st May 1996, Humberside County Council and the District Councils within that area were replaced by 4 unitary authorities, who assumed responsibility for the County District Councils' functions. Those authorities are the East Riding of Yorkshire, Kingston Upon Hull, North East Lincolnshire and North Lincolnshire. Because the...
[/align]

[هيثم الفقى]

[align=left]
Popely & Anor v Scott, Court of Appeal - Administrative Court, December 21, 2000, [2000] EWHC Admin 441





Case No: CO 1094/2000

IN THE SUPREME COURT OF JUDICIARY
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)

Royal Courts of Justice
Strand, London, WC2A 2LL


Thursday 21st December 2000


B e f o r e :

LORD JUSTICE ROSE
and
THE HON MRS JUSTICE RAFFERTY



- - - - - - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - - - - - - - - - - - - -

Mr C Treacy QC and Mr W Hibbert (instructed by Mark Agombar, Solicitor for the First and Second Appellants and by Dechert, Solicitors for the Third Appellant)
Mr A Saggerson (for the Respondent)

- - - - - - - - - - - - - - - - - - - - -
Judgment
As Approved by the Court

Crown Copyright ©







Mrs Justice Rafferty:
1. This is an appeal by way of case stated from a decision of the Sevenoaks and Tunbridge Wells Magistrates. On the 20th May 1999 the Respondent laid informations against each appellant that

a. "The 23rd May 1998 at Hever did (sic) in the course of a business
Hever Worldwide Properties plc, as offeror, entered into a timeshare
agreement with Mr and Mrs Jonathon Hamilton Marshall as offerees,
without Mr and Mrs Marshall having received, together with the document
setting out the terms of the timeshare agreement or the substance of it,
notice of their right to cancel. Contrary to sections 2.3 and 9.2 of the
Timeshare Act 1992, as amended by the Timeshare Regulations 1997."

b. "On the 10th June 1998 at Hever did (sic) in the course of a business
Hever Worldwide Properties plc as offeror entered into a timeshare
agreement with Mr Edward John Worth and Ms Emma Jane Leach as
offerees, without Mr Worth and Ms Leach having received, together
with the document setting out the terms of the timeshare agreement or
the substance of it, notice of their right to cancel. Contrary to 2.3 and 9.2 of the Timeshare Act 1992, as amended by t...
[/align]

[هيثم الفقى]

[align=left]
GA, R (on the application of) v Islington London Borough Council, Court of Appeal - Administrative Court, September 08, 2000, [2000] EWHC Admin 390

1

CO 2559/2000
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST

Royal Courts of Justice
Strand
London WC2A 2LL

08 September 2000

B e f o r e

Mr JACK BEATSON Q.C.
Sitting as a Deputy High Court Judge


THE QUEEN

v

ISLINGTON LONDON BOROUGH COUNCIL
EX PARTE G.A.

- - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - -
MR P BOWEN (instructed by John Ford Morrison, London N1 8LN) appeared on behalf of the Appellant

MR T KERR (instructed by Islington Council, London N1 2UD) appeared on behalf of the Respondent

- - - - - - - - - -

Judgment
As Approved by the Court

Crown Copyright ©



Mr JACK BEATSON Q.C.


The Applicant is a nine year old boy with special educational needs. He has severe learning difficulties with autistic features secondary to brain damage acquired through an immunodeficiency state. Since September 1997 he has been a weekly border at Doucecroft School near Colchester, an independent school run by the Es*** Autistic Society. It takes approximately one and a half hours to drive the 75 miles from the parents home to the school. The present proceedings arise out of a decision of the Respondent local education authority dated 25 May 2000 refusing to finance the transport of the applicant to and from Doucecroft School. Transport has until now been provided by the applicant's mother or by a family friend. The Applicant's case is that the local education authority has unlawfully refused to meet the transport costs to and from school which sections 324(5)(a)(ii), 509, and 19 of the Education Act 1996 empower it to meet. Originally the claim was that the authority was under an obligation to meet all transport costs, but, in opening the case on behalf of the Applicant, Mr Bowen stated that what was being challenged was the decision not to provide the Applicant with any free transport and that what was sought was sufficient free transport. Suitable amendments were made to the form 96A.

Permission to apply for judicial review was granted on 27 July by Harrison J who ordered expedition and made an order under section 39 of the Children & Young Persons Act 1933 to preserve the applicant's anonymity. I will refer to him as G.A., and any report must suitably disguise his identity.
G.A's parents first had contact with the local education authority in 1995. In March 1996 the authority informed them that it was proposing to carry out a statutory assessment of G.A.'s special educational needs and, after making the assessment, that they would make a statement of his needs. There were discussions between Mr Gurney, the authorit...
[/align]

[هيثم الفقى]

[align=left]
Guleed, R (on the application of) v London Borough Of Barnet, Court of Appeal - Administrative Court, October 09, 2000, [2000] EWHC Admin 5



Case No: CO/3745/2000
Neutral Citation Number: [2001] EWCA ADMIN 5
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
The Strand
London
WC2A 2LL

Thursday 18th January 2001

Before:

THE HON MR JUSTICE HOOPER

The Queen on the application of Roda Guleed

-v-

The London Borough of Barnet

- - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - - - - - - -

Mr. STEPHEN KNAFLER and MISS BETHAN HARRIS (instructed by Messers Bindman & Partners for the Claimant)
Mr. HILTON HARROP-GRIFFITHS (instructed by London Borough of Barnet for the Defendant.

- - - - - - - - - - - - - - -
Judgment
As Approved by the Court

Crown Copyright ©













MR JUSTICE HOOPER:

This is an application for judicial review of a decision of the defendant Borough communicated in a letter dated 9th October 2000. During the course of the hearing I granted permission and the parties had previously agreed at an earlier hearing before me that, should I grant permission, I would consider the full application. The claimant is a Dutch national of Somal...
[/align]

[هيثم الفقى]

[align=left]
Sage v Secretary Of State For Environment Transport & Regions & Anor, Court of Appeal - Administrative Court, October 11, 2000, [2000] EWHC Admin 394

1

Case no: CO/94/2000

IN THE high court of justice
QUEENS BENCH DIVISION
CROWn OFFICE

Royal Courts of justice
Strand, London, wc2a 2ll

Wednesday, 11 October, 2000

Before:

MR DUNCAN OUSLEY QC
(Sitting as a Deputy Judge of the Queen's Bench Division)

-------------------

ALAN FRANK SAGE
- v -

the secretary of state for environment
transport and the regions

and

maidstone borough council
____________________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________

MS ALICE ROBINSON (instructed by Brachers, Maidstone, Kent ME16 8IH) appeared on behalf of the Appellant

JONATHON KARAS and RICHARD BARRACLOUGH (instructed by the Treasury Solicitor, London SW1H) appeared on behalf of the Respondent
____________________

Judgment
As Approved by the Court

Crown Copyright ©



MR DUNCAN OUSLEY QC:
This is an appeal under s289(1) Town and Country Planning Act 1990 against the decision of an Inspector dismissing the Claimant's appeal against an enforcement notice issued by Maidstone Borough Council on 19th March 1999. Three enforcement notices were the subject of decisions in the same letter by the Inspector. I am concerned only with Appeal B, which was made in respect of an enforcement notice, which, as corrected by the Inspector, alleged that there had been an breach of planning control by "the partial erection of a dwelling house," described as Building A. The notice required the demolition of the building and the removal of all the resultant materials.
The Claimant's appeal raised a number of issues but it is the way in which the ...
[/align]

[هيثم الفقى]

[align=left]
Garland, R (on the application of) v Secretary Of State For Environment Transport & Regions, Court of Appeal - Administrative Court, November 10, 2000, [2000] EWHC Admin 417


Case no: CO/4215/2000

IN THE high court of justice
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of justice
Strand, London, wc2a 2ll

Friday 10 November, 2000

Before:

mr justice Turner

-------------------

The Queen ON THE APPLICATION OF

Garland

-V-

The Secretary of State for the Environment
Transport and The Regions
____________________

(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________

Mr David Forsdick (instructed by Rowe & Maw) for the District Auditor
Miss Jane Mulcahy (instructed by Burgess Salmon) for the Applicant
____________________

Judgment
As Approved by the Court

Crown Copyright ©

TURNER J
1. On 16 July 1997 the respondent communicated his decision on the applicant's appeal under the provisions of regulation N8 of the Local Government Superannuation Regulations 1986. The questions which had been referred to the Secretary of State were
Whether (the applicant's) pension should have been reduced by the county council
What payments should be used to calculate (the applicant's) pensionable remuneration?

The Determination was
that it was within the county council's powers under the regulations as administrative authority to reduce (his) pension; and furthermore
that (his) pension has been correctly calculated based on (his-) pensionable remuneration.

2. The Regulations in question provide that entitlement to benefit is to be decided by the last employing authority, in this case, the West Wiltshire District Council (the District Council). But where there is a dispute as to the amount of any benefit, that is to be determined by the administering authority, in this case the Wiltshire County Council (the County Council); see Regulations N5 and N6. On the hearing of the present application, the Secretary of State was not represented but did submit writtenobservations. His position was essentially one of neutrality. The effective other party to the proceedings was the District Auditor of West Wiltshire District Council (Richard Lott).
Application by Richard Lott to be joined as a respondent 3. Permission was granted to the applicant to apply for judicial review of the determination by the Secretary of State on 25 November 1999. On 18 July of this year, the District Auditor, in the person of Richard Lott issued an application to be joined as respondent in these proceedings. It was agreed that this proc...
[/align]

[هيثم الفقى]

[align=left]
Hunt, R (on the application of) v Criminal Cases Review Commission, Court of Appeal - Administrative Court, March 31, 2000, [2000] EWHC Admin 307



IN THE HIGH COURT OF JUSTICE CO/3098/99
QUEENS BENCH DIVISION
CROWN OFFICE LIST

Norwich Crown Court
Tuesday, 21st March, 2000


BEFORE


THE HON. MR. JUSTICE OWEN

B E T W E E N:
REGINA

- and -

CRIMINAL CASES REVIEW COMMISSION
Respondent
- and -

MICHAEL JOHN HUNT
Applicant
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. Robert Rhodes QC and Mr. Simon Stafford-Michael,
instructed by Messrs, Wakefields, Thames House, London,
appeared for the Applicant.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Judgment
As Approved by the Court

Crown Copyright ©









1. This Applicant seeks permission to review judicially two decisions of the Criminal Cases Review Commission each dated the 27th May 1999. The first was ...
[/align]

[هيثم الفقى]

[align=left]
Samuel Smi Old Brewery (Tadcaster) v North Yorkshire County Council, Court of Appeal - Administrative Court, April 19, 2000, [2000] EWHC Admin 336


- 15 -




Case No: CO/4424/99

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST

Liverpool Crown Court
Queen Elizabeth II Law Courts
Liverpool L2 1XA

Wednesday 19th April 2000
B e f o r e :

THE HON MR JUSTICE MAURICE KAY


__________________________________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
__________________________________
Mr Peter Village and Mr Martin Chamberlin (instructed by Pinsent Curtis) appeared
for the Claimant)
Mr Colin Crawford (instructed by North Yorkshire County Council) appeared for the Respondent)
__________________________________
Judgment
As Approved by the Court

Crown Copyright ©









Mr Justice Maurice Kay: The market town of Tadcaster in North Yorkshire has been known for centuries as a brewing town. Today three brewing companies are active there. One of them is Samuel Smith Old Brewery (Tadcaster), which I shall refer to as SSOBT. In the 1980's SSOBT commissioned a firm of architects to produce a scheme for the redevelopment of part of the town centre. They produced a report known as Vision of Tadcaster. One of its central features was the pedestrianisation of Westgate, Kirkgate and Chapel Street with the attendant road widening of St. Joseph's Street for divert...
[/align]