England and Wales High Court of Justice

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H, R (on the application of) v DPP, Court of Appeal - Administrative Court, January 24, 2003, [2003] EWHC 133 (Admin)

SMITH BERNAL WORDWAVE
CO/4919/2002
Neutral Citation Number: [2003] EWHC 133 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Friday, 24th January 2003
B E F O R E:

MR JUSTICE ELIAS

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THE QUEEN ON THE APPLICATION OF "H"
(CLAIMANT)

-v-

DPP
(DEFENDANT)
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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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MISS JOANNE TALLIS (instructed by Goodall Barnet James, St Leonards on Sea, East Sus***, TN37 6AY) appeared on behalf of the CLAIMANT
HUGH DAVIES (instructed by Crown Prosecution Service) appeared on behalf of the DEFENDANT
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J U D G M E N T
(As Approved by the Court)
- - - - - - - Crown copyright©
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Bernard v Dudley Metropolitan Borough Council, Court of Appeal - Administrative Court, January 30, 2003, [2003] EWHC 147 (Admin)

SMITH BERNAL WORDWAVE
CO/4987/2002
Neutral Citation Number: [2003] EWHC 147 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Thursday, 30th January 2003
B E F O R E:

MR JUSTICE HENRIQUES

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DILISSER ROY BERNARD
(CLAIMANT)

-v-

DUDLEY METROPOLITAN BOROUGH COUNCIL
(FIRST DEFENDANT)

DUDLEY MAGISTRATES' COURT
(SECOND DEFENDANT)
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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 (O...
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Dhanota, R (on the application of) v Secretary of State for the Home Department & Ors, Court of Appeal - Administrative Court, January 22, 2003, [2003] EWHC 18 (Admin)

Case No: CO/5129/2001, CO/5159/2001, CO/496/2002, CO/501/2002, CO/434/2002

Neutral Citation No: [2003] EWHC 18 Admin
IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand,
London, WC2A 2LL

Wednesday 22 January 2003
Before :

THE HONOURABLE MR JUSTICE NEWMAN

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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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Wotton, R (on the application of) v Central Devon Magistrates' Court, Court of Appeal - Administrative Court, January 27, 2003, [2003] EWHC 146 (Admin)

SMITH BERNAL WORDWAVE
CO/2946/2002
Neutral Citation Number: [2003] EWHC 146 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Monday, 27 January 2003
B E F O R E:

MR JUSTICE MCCOMBE

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THE QUEEN ON THE APPLICATION OF WOTTON
(CLAIMANT)

-v-

CENTRAL DEVON MAGISTRATES' COURT
(DEFENDANT)
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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 Cour...
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Leicestershire County Council, R (on the application of) v Secretary of State for the Environment, Food and Rural Affairs, Court of Appeal - Administrative Court, January 20, 2003, [2003] EWHC 171 (Admin)

SMITH BERNAL WORDWAVE
CO/4566/2002
Neutral Citation Number: [2003] EWHC 171 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Monday, 20th January 2003
B E F O R E:

MR JUSTICE COLLINS

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THE QUEEN ON THE APPLICATION OF LEICESTERSHIRE COUNTY COUNCIL
(CLAIMANT)

-v-

SECRETARY OF STATE FOR THE ENVIRONMENT, FOOD AND RURAL AFFAIRS
(DEFENDANT)
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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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MR H RICHARDS (instructed by Leicester County Council) appeared on behalf of the CLAIMANT
MR T MORSHEAD (instructed by the Treasury Solicitor) appeared on behalf of the DEFENDANT
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J U D G M E N T 1. MR JUSTICE COLLINS: This case was listed before me as a renewed application for permission by the claimants, Leicestershire County Council, to seek judicial review of a refusal by an inspector appointed on behalf of the Secretary of State to confirm an order made by Leicestershire County Council proposing to modify the definitive map and statement for a particular area in Leicestershire. The effect of this was to transfer part of a public footpath, numbered B19, currently shown as running through the curtilage of Glebe Cottage, Main Street, Shangton, to pass through the curtilage of Manor Cottage, Main Street, Shangton. Permission was ...
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Aaalamani, R (on the application of) v General Medical Council, Court of Appeal - Administrative Court, January 14, 2003, [2003] EWHC 347 (Admin)

SMITH BERNAL WORDWAVE
CO/4600/2002
Neutral Citation Number: [2003] EWHC 347 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Tuesday, 14 January 2003

B E F O R E:

MR JUSTICE ELIAS

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THE QUEEN ON THE APPLICATION OF PROFESSOR HOSSAIN AAALAMANI
(CLAIMANT)

-v-

GENERAL MEDICAL COUNCIL
(DEFENDANT)

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)

LITIGATION FRIEND APPEARED FOR THE CLAIMANT
MR R ENGLEHART QC (instructed by Field Fisher Waterhouse, London EC3 N2AA) appeared on behalf of the DEFENDANT

J U D G M E N T 1. MR JUSTICE ELIAS: I have before me an application made under the Data Protection Act. The application is brought by Pr...
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Comninos, R (on the application of) v Bedford Borough Council & Ors, Court of Appeal - Administrative Court, January 24, 2003, [2003] EWHC 121 (Admin)

SMITH BERNAL WORDWAVE
CO/3086/2002
Neutral Citation Number: [2003] EWHC 121 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Friday, 24 January 2003
B E F O R E:

MR JUSTICE SULLIVAN
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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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MR EDWARD FAULKS QC AND MR PAUL STAGG (instructed by Weightman Vizards, WC1V 6RL) appeared on behalf of the CLAIMANT
MR JAMES GOUDIE QC (instructed by Bedford Borough Council) appeared on behalf of the DEFENDANT
MR PETER OLDHAM (instructed by Peter Ruck Partners, EC4A 3JB) appeared on behalf of the SECOND INTERESTED PARTY
Friday, 24 January 2003
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J U D G M E N T
MR JUSTICE SULLIVAN:
Introduction
1. The claimant is the auditor appointed by the Audit Commission under the Audit Commission Act 1998 (the 1998 Act) to audit the accounts of the defendant, Bedford Borough Council. Section 24(1) of the 1998 Act gives the claimant power, subject to section 31(3) of the Supreme Court Act 1981 (the 1981 Act) to apply for judicial review in relation to any decision of the defendant which affects its accounts. In these proceedings the claimant challenges the defendant's decision to give financial support to libel claims brought by three council officers: Mr Field, the chief executive, who is also the returning officer for Bedford with responsibility for elections within the borough; Mr Gough, the borough solicitor and the council's statutory monitoring officer; and Mr Darkoh, a barrister employed by the council's legal department (the first, second and third interested parties respectively) against the fifth and sixth interested parties, and to indemnify the officers against the potential costs liabilities arising out of their claims.
Background Facts
2. The background facts are not in dispute and, since the claimant's challenge is presented as one of principle -- a Local Authority does not have power, under any circumstances, to fund libel proceedings by its officers or to indemnify them against the costs of such proceedings -- it is unnecessary to rehearse them in any great detail. In brief outline, there were elections to the defendant council in May 2000. In one of the 18 wards (Brickhill) an envelope containing 86 postal votes was overlooked. After two recounts the conservative candidate was declared the winner with a majority of nine votes. An informal count of the postal votes showed that, if they had been included, the outcome would have been the same, but the conservative majority would have been reduced from nine to six.
3. In an attempt to regularise matters, Mr Field, in his capacity as returning officer, made an application to the County Court under rule 47 of the Local Elections (Principal Areas) Rules 1986 for the formal inspection of the ballot papers. Although well-intentioned, this application was, to use a neutral word, ineffective. The judgment of Gray J in the libel proceedings dated 1 March 2002 considers this aspect of the case in great detail. I am told that Mr Gough is appealing against Gray J's judgment. In the circumstances, I say no more about the decision to make the application under rule 47. 4. The fifth interested party, Mr Lister, who was the local agent for the Conservative Party, issued a press release to the Bedfordshire on Sunday newspaper, a loca...
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Grantchester Retail Parks Plc v Secretary of State for Transport, Local Government and the Regions & Anor, Court of Appeal - Administrative Court, January 15, 2003, [2003] EWHC 92 (Admin)

SMITH BERNAL WORDWAVE
CO/3736/2002
Neutral Citation Number: [2003] EWHC 92 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Wednesday, 15th January 2003
B E F O R E:

MR JUSTICE JACKSON

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GRANTCHESTER RETAIL PARKS PLC
(CLAIMANT)

-v-

THE SECRETARY OF STATE FOR TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS
(DEFENDANT)
LUTON BOROUGH COUNCIL
(INTERESTED PARTY)
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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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MR DANIEL KOLINSKY and MR SCOTT LYNESS (instructed by Denton Wilde Sapte, 5 Chancery Lane, London, EC4A 1BU) appeared on behalf of the CLAIMANT
MR PAUL BROWN (instructed by The Treasury Solicitor) appeared on behalf of the DEFENDANT
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J U D G M E N T
(As approved by the Court)
- - - - - - -
Crown copyright©

1. MR JUSTICE JACKSON: This judgment is in six parts: namely, part 1, introduction; part 2, the facts; part 3, the present proceedings; part 4, the inspector's decision; part 5, the individual grounds of challenge; and part 6, conclusion.
Part one: Introduction
2. This is an application pursuant to section 288 of the Town and Country Planning Act 1990 (to which I shall refer as "the 1990 Act") to quash a decision of the first defendant. That decision was made on the first defendant's behalf by his inspector. In...
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Robertson, R (on the application of) v South Western Magistrates' Court, Court of Appeal - Administrative Court, January 15, 2003, [2003] EWHC 63 (Admin)

SMITH BERNAL WORDWAVE
CO/3879/2002
Neutral Citation Number: [2003] EWHC 63 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2

Wednesday, 15th January 2003
B E F O R E:

LORD JUSTICE CLARKE

MR JUSTICE JACK

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THE QUEEN ON THE APPLICATION OF ROBERTSON
(CLAIMANT)

-v-

SOUTH WESTERN MAGISTRATES' COURT
(DEFENDANT)
- - - - - - -
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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MR N LEY (instructed by Byrne Frodsham & Co, Widnes) appeared on behalf of the CLAIMANT
The DEFENDANT did not appear and was not represented
MISS A POWER (instructed by CPS Kingston Branch) appeared on behalf of the INTERESTED PARTY
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J U D G M E N T
(As approved by the Court)
- - - - - - -
Crown copyright©
Wednesday, 15th January 2002
1. LORD JUSTICE CLARKE: On 23rd May 2002 the claimant, Mr Eric Robertson, was convicted by District Judge Grant at South Western Magistrates' Court of an offence of driving with excess alcohol on 5th August 2001, contrary to section 5(1)(a) of the Road Traffic Act 1988 ("the 1988 Act"). He was fined and disqualified from driving for one year. On 10th June 2002 he made an application that the District Judge state a case for the opinion of the High Court asking seven questions. On 25th June 2002 the District Judge refused to state a case on the ground that the application was frivolous. He issued a certificate, which includes the following: "I am of the opinion that the application is frivolous and so refuse to state a case on the basis that the Application requ...
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Regester & Ors, R (on the application of) v Children and Family Court Advisory and Support Service, Court of Appeal - Administrative Court, January 17, 2003, [2003] EWHC 235 (Admin)

SMITH BERNAL WORDWAVE
CO/2587/4182/2002
Neutral Citation Number: [2003] EWHC 235 Admin
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Friday, 17 January 2003
B E F O R E:

MR JUSTICE CHARLES

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THE QUEEN ON THE APPLICATION OF
(1) SOPHIE REGESTER AND OTHERS
(2) SHARON PERKINS AND OTHERS
(CLAIMANT)

-v-

CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE
(DEFENDANT)
- - - - - - -
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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MR ROBIN SPON SMITH AND MR STEPHEN CRAGG (instructed by Messrs Harman and Harman, Canterbury, CT2 8BP) appeared on behalf of the CLAIMANT
MR NIGEL GIFFIN (instructed by The Treasury Solicitor, London, SW1H 9JS) appeared on behalf of the DEFENDANT
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J U D G M E N T
(As Approved by the Court)
- - - - - - -
Crown copyright©

MR JUSTICE CHARLES:
Introduction.
1. This judgment relates to conjoined applications for a judicial review in two cases. At issue in both cases is the provision by the Children and Family Court Advisory and Support Service ("CAFCASS") of an officer of that service for appointment by the court as a children's guardian in specified proceedings under the Children Act 1989. Expressions used in this paragraph are defined in legislation referred to later in this judgment. When I refer to a guardian, I am rferring to a children's guardian as so defined.
2. In the cases under the Children Act 1989 giving rise to these proceedings, the local authority sought and was granted interim care orders ("ICOs"). In one of them the children had been removed from home before the making of the ICOs, first by being taken into police protection and then pursuant to Emergency Protection Orders ("EPOs"). In the other the child remained with her mother in a refuge following the making of the ICO but was later removed by the local authority pursuant to the powers and duties given to it by the ICO on the basis of an assertion that the mother had broken the agreement pursuant to which the local authority agreed that the child should be placed with her at a refuge. An application to discharge the ICO was refused. An ICO was continued on the basis that the child was not returned to the care of her mother.
3. When the EPO was made in the first case a guardian had been appointed but that guardian was not available for appointment in the later proceedings for a care order. In both cases the ICOs I have referred to were made before a guardian was appointed. In the second case a guardian was not made available for appointment until after the application to discharge the ICO had been dealt with. Solicitors acting for the children in both cases did not oppose the making of the ICOs and, in the second case, opposed the discharge of the ICO.
4. The subject cases therefore involve three of the possible situations when a child is removed compulsorily from the care of his family. Another is removal as a consequence of the making of the first EPO or ICO. When a child is removed and taken into police protection, the maximum period that he or she can be so removed is 72 hours. After that, further placement away from the family has to be pursuant to a court order or by agreement with the persons having parental responsibility for the child. 5. The subject cases therefore involve compulsory removal of children from their homes. This is, of course, a very serious step in respect of th...
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