England and Wales High Court of Justice

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Theophilus, R (on the application of) v London Borough of Lewisham, Court of Appeal - Administrative Court, July 08, 2002, [2002] EWHC 1371 (Admin)


Case No: CO/1236/2002
NEUTRAL CITATION NUMBER: [2002] EWHC 1371 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand,
London, WC2A 2LL

Monday 8 July 2002
B e f o r e :

THE HONOURABLE MR JUSTICE SILBER

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(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)
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Mr. John Walsh (instructed by Straker Holford for the Claimant)
Ms. Harini Iyengar (instructed by Ms. K. Nicholson for the Defendant)
Mr. Martin Chamberlain (instructed by The Treasury Solicitor for the Interested Party)

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Judgment
As Approved by the Court

Crown Copyright ©

Silber J:

Introduction

Ms. Abimbola Elizabeth Theophilus ("the claimant") seeks to judicially review a decision of the London Borough of Lewisham ("Lewisham") communicated to the claimant on 10 December 2001 that "Central Government funding through the Education (Student Support) Regulations is not available" for her LL. B. course at Griffith College in Dublin. Sir Oliver Popplewell sitting as a Deputy High Court Judge gave the claimant permission to make this application, which then included a claim to enforce an alleged legitimate expectation that she would receive funding as a result of a representation made to her by Lewisham. The claimant now also seeks to claim that Rule 5(4) of the Education (Student Support) Regulations 2001 ("the 2001 Regulations") contravenes Article 49 of the EC Treaty but she needs permission both to amend her claim form and to pursue that claim.

The claimant is a citizen of the United Kingdom, who resides within the local authority area of Lewisham. In early 2001, the claimant first approached the Student Pupil Support Department of Lewisham to enquire whether she would receive student support if she studied law abroad. The claimant wished to study law abroad rather than in England because she had recently been through a stressful and traumatic episode in her personal life and she wished to make a fresh start. Her intention was to obtain a Bachelor of Laws degree and then to practise as a Barrister in England.
The claimant was initially told by Lewisham that she would receive student support provided she studied anywher...
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Campaign for Nuclear Disarmament, R (on the application of) v Secretary of State for Defence, Court of Appeal - Administrative Court, December 05, 2002, [2002] EWHC 2712 (Admin)

SMITH BERNAL WORDWAVE
CO/5429/2002
Neutral Citation Number: [2002] EWHC 2712 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2

Thursday, 5 December 2002
B E F O R E:

LORD JUSTICE SIMON BROWN
(Vice President of the Court of Appeal, Civil Division)

MR JUSTICE MAURICE KAY

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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)
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D v Secretary of State for the Home Department, Court of Appeal - Administrative Court, December 19, 2002, [2002] EWHC 2805 (Admin)

CO/5036/2001
Neutral Citation No.: [2002] EWHC 2805 (Admin.)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand,
London, WC2A 2LL

Thursday 19 December 2002
Before:

THE HONOURABLE MR JUSTICE STANLEY BURNTON

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Between:


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(Transcript of the Handed Down Judgment of
Smith Bernal Wordwave 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)
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Richard Gordon QC and Hugh Southey (instructed by Peter Edwards & Co) for the Claimant
Nathalie Lieven (instructed by the Treasury Solicitor) for the Defendant

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JudgmentMr Justice Stanley Burnton:

Introduction
1. This case concerns the inter-relationship of the provisions of the Mental Health Act 1983 (``the MHA'') with those of the Criminal Justice Act 1991 in relation to discretionary life prisoners who have been made the subject of a transfer direction under section 47 of the MHA and a restriction direction under section 49 of that Act. The detention of such prisoners is subject to two statutory regimes, that of the MHA and that of penal legislation. Persons who are detained under either one of these regimes have a Convention and a statutory right to have the lawfulness of their detention reviewed by an impartial and independent tribunal, in the case of those detained under the Mental Health Act by a Mental Health Review Tribunal and in the case of discretionary life prisoners, after the expiration of the penal period of their sentence, by the Parole Board. Someone such as the Claimant, who is detained under both regimes, must have his case for his discharge from detention considered both by the tribunal and the Board, and both must consider that his continued detention is unnecessary if he is to be released. 2. The Claimant was sentenced to life imprisonment in 1989. His tariff, as it was then known, i.e. the minimum period of his detention, imposed for punishment and deterrence (the ``relevant part'' of his sentence for the purposes of section 34 of the Criminal Justice Act 1991), was determined to be 6 years, and it expired in 1...
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Kumar, R (on the application of) v Republic of Germany, Court of Appeal - Administrative Court, May 22, 2002, [2002] EWHC 1237 (Admin)

CO/380/2002
Neutral Citation Number: [2002] EWHC 1237 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(THE ADMINISTRATIVE COURT)
(THE DIVISIONAL COURT)
Royal Courts of Justice
The Strand
London WC2

Wednesday 22 May 2002
B e f o r e:

LORD JUSTICE SEDLEY

and

MR JUSTICE GAGE

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THE QUEEN ON THE APPLICATION OF KUMAR


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GOVERNMENT OF THE REPUBLIC OF GERMANY

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(Computer-aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040/0171-404 1400
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)
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MR A CAMERON (instructed by WHITELOCK & STORRS SOLICITORS, WC1A 2LX) appeared on behalf of the Claimant.

MISS H MALCOLM (instructed by THE CROWN PROSECUTION SERVICE, LONDON DIVISION) appeared on behalf of the Defendant.

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J U D G M E N T
SMITH BERNAL
1. LORD JUSTICE SEDLEY: Mr Justice Gage will give the first judgment.
2. MR JUSTICE GAGE: This is an application for a writ of habeas corpus in extradition proceedings which have been concluded against the applicant. The three extradition crimes upon which he was committed are three offences of what, under English law, would be theft of Deutschmarks between January and March 1994. This is the second committal of the applicant in respect of these alleged crimes. 3. The applicant is now aged 51 and was born in Kittna in the Punjab, India. In 1962, aged 12, he came to this country and has lived here ever since. He married in November 1978 and has three children. On 6th August 2000 his wife died and he now lives in the family hom...
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T v Special Educational Needs Tribunal & Anor, Court of Appeal - Administrative Court, July 18, 2002, [2002] EWHC 1474 (Admin)

Case No: CO/1105/2002
Neutral Citation No.: [2002] EWHC 1474 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand,
London, WC2A 2LL

Thursday 18 July 2002
Before :

THE HONOURABLE MR JUSTICE RICHARDS

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Between :


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(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)
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Mr John Friel (instructed by Bobbetts Mackan) for the Claimant
Miss Elisabeth Laing (instructed by the Treasury Solicitor) for the First Defendant

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Judgment
As Approved by the Court

Crown Copyright ©

Mr Justice Richards:
1. This is an appeal against a decision of a Special Educational Needs Tribunal issued on 4 February 2002. The appellants, to whom I shall refer as "Mr and Mrs T", are the parents of a 5-year old boy whom I shall call "J". J is accepted to have special educational needs. He was diagnosed in December 2000 as functioning at the high end of the autistic spectrum. A statement of special educational needs was made by the local education authority, Wiltshire County Council, on 7 September 2001. In part 4 it provided that J should attend the North Wilts Centre for Autism based at the Charter School, Chippenham. Mr and Mrs T appealed to the Tribunal, opposing the placement specified in part 4 of the statement and contending that J should be taught at home using the "Lovaas" principle, with phased entry into mainstream school. The Tribunal dismissed the appeal in respect of part 4. It is that decision against which Mr and Mrs T now appeal to this court...
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Secretary of State for the Home Department & Anor, R (on the application of) v G, Court of Appeal - Administrative Court, July 31, 2002, [2002] EWHC 2043 (Admin)

CO/1827/2002
Neutral Citation Number: [2002] EWHC 2043 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT LIST
The Royal Courts of Justice
The Strand
London

Wednesday 31 July 2002
Before:

MR JUSTICE NEWMAN

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Between:
THE QUEEN
on the application of

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Claimant
and:
MENTAL HEALTH REVIEW TRIBUNAL
Defendant
and:
P.G.
Interested Party

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Transcript prepared from the Steno Notes
of Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2HD
Tel: 0207 404 1400 0207 404 1400
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MR M CHAMBERLAIN (instructed by the Treasury Solicitor) appeared on behalf of the Claimant
MR R DE MELLO (instructed by the Mental Health Review Tribunal) appeared on behalf of the Defendant
MR S JAISRI (instructed by Blavo & Co, 1A Frederick Street, London WC1X) appeared on behalf of the Interested Party
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JUDGMENTWednesday 31 July 2002
JUDGMENT 1. MR JUSTICE NEWMAN: This is an application by the Secretary of State for the Home Department for judicial review. He seeks orders as follows: (a) a quashing order to quash the decision of the Mental Health Review Tribunal (London South Region) dated 12 March 2002, ordering the deferred conditional discharge of Mr Plinio G; and (b) a direction that the matter be remitted to a Mental Health Review Trib...
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Davis & Ors, R (on the application of) v Financial Services Authority, Court of Appeal - Administrative Court, December 18, 2002, [2002] EWHC 2997 (Admin)




Case No: CO/4196/2002
[2002] EWHC 2997 (Admin)

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 18th December 2002

Before :

THE HONOURABLE MR JUSTICE LIGHTMAN
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THE QUEEN
on the application of


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The Honourable Michael Beloff QC and Mr Pushpinder Saini (instructed by Denton Wilde Sapte, 5 Chancery Lane, Clifford's Inn, London EC4A 1BU) for the Claimants Mr Javan Herberg (instructe...
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Berisha, R (on the application of) v Immigration Appeal Tribunal, Court of Appeal - Administrative Court, July 18, 2002, [2002] EWHC 1526 (Admin)



1

Neutral Citation Number: [2002] EWHC 1526 (Admin)
No CO 5220/2001
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2A 2LL

Thursday 18th July 2002
B e f o r e:

Mr Michael Supperstone, Q.C.
(Sitting as a Deputy High Court Judge)

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B e t w e e n :
THE QUEEN
ON THE APPLICATION OF
BESIM BERISHA
Claimant
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IMMIGRATION APPEAL TRIBUNAL
Respondent
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(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)

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Mr Erun Waheed, Instructed by Fisher Jones Greenwood, Colchester, for the Claimant Miss Kristina Stern, In...
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Birmingham Care Consortium, R (on the application of) & Ors v Birmingham City Council, Court of Appeal - Administrative Court, October 17, 2002, [2002] EWHC 2188 (Admin)

CO/3653/2002
Neutral Citation No.: [2002] EWHC 2188 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand,
London, WC2A 2LL

Thursday 17 October 2002
Before:

THE HONOURABLE MR JUSTICE STANLEY BURNTON

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THE QUEEN on the application of


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(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)
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Mr Robin Green (instructed by Wood Shawe & Co) for the Claimant
Mr Christopher Baker (instructed by Birmingham Legal Services) for the Defendant

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Judgment
As Approved by the Court

Crown Copyright ©

Mr Justice Stanley Burnton:

1. The Claimants in these proceedings are:
(a) a consortium of nursing and care homes in Birmingham and the proprietors of a number of such homes; and
(b) persons who were entitled to be placed in care homes by the Birmingham City Council and complained that their choice of care home had been unlawfully restricted by it.
Unless otherwise indicated, my references below to "the Claimants" simpliciter are to the consortium and the proprietors of nursing and care homes only. I shall refer to the Claimants entitled to placements in nursing or care homes as "the individual Claimants". Unless otherwise indicated, references in my judgment to care homes include nursing homes.
2. In 1999 the Council entered into contracts with a large number of care homes on standard terms, including the terms as to charges and duration. The contract period commenced on 1 April 1999 and expired on 30 June 2002. The contract included provision for review of the contract price by the Council; the last review took effect in 2001. It provided that after expiry it would continue to have effect in relation to existing residents whose placements had not been terminated by the Council or the care home, unless it was replaced by a new contract. 3. In the period before the expiry of the contracts, consultations and negotiations took place between the Council and the care homes with which it contracted, including the Claimants, concerning, principally, the rates to be ...
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Dewa v Westminster City Council, Court of Appeal - Administrative Court, March 22, 2002, [2002] EWHC 320 (Admin)

Case No: CO/3455/2001
Neutral Citation Number: [2002] EWHC 320 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
at Wolverhampton Crown Court

Wednesday 13th March 2002
Before :

THE HONOURABLE MR JUSTICE KEITH

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Between :


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(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)
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Mr Rajeev Thacker (instructed by Alan Edwards & Co.) for the Claimant
Mr David Warner (instructed by the Director of Legal Services, Westminster City Council) for the Defendant

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Judgment
As Approved by the Court

Crown Copyright ©

Mr Justice Keith:
Introduction 1. This claim for judicial review raises a short but novel point on the proper construction of section 352 of the Housing Act 1985. The claim relates to the powers of a local housing authority over houses in multiple occupation. In particular, it concerns the extent to which a local housing authority may require works to be...
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