England and Wales High Court of Justice

[هيثم الفقى]

[align=left]
Ragman, R (on the application of) v Special Adjudicator, Court of Appeal - Administrative Court, November 01, 2000, [2000] EWHC Admin 411

- 1 -



Case No: CO/3860/99

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


Royal Courts of Justice
Strand, London, WC2A 2LL


Wednesday 1 November 2000

B e f o r e :

THE HON MR JUSTICE SCOTT BAKER



- - - - - - - - - - - - - - - - - - - - -
(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)

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

Linda Veloso (instructed by Figueiredo & Co for the Claimant) Sam Grodzinski (instructe
[/align]

[هيثم الفقى]

[align=left]
T, R (on the application of) v Criminal Injuries Compensation Board, Court of Appeal - Administrative Court, October 19, 2000, [2000] EWHC Admin 404




Case No: 1729/98

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

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 19th October 2000



B e f o r e :

THE HON MR JUSTICE MAURICE KAY




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

(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 Mahie Abey (instructed by Evans and Company) for the Applicant
Mr Hugo Keith (instructed by The Treasury Solicitor) for the Respondent

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


J U D G M E N T
As Approved by the Court

Crown Copyright



Mr Justice Maurice Kay:
1. Late at night on the 26th February 1994 the Applicant was shot in his left leg when he was in area of south London. Because of the seriousness of his injuries he remained in hospital until June 1994. He spent a further month in hospital in September 1994 and towards the end of 1995 the injured leg had to be amputated. On the 9th March 1994 the Applicant applied to the Criminal Injuries Compensation Board ("the Board") for compensation. Although the Board has recently become the Criminal Injuries Compensation Authority, I shall refer to it by its name at the time of the events with which this case is concerned. His applicati...
[/align]

[هيثم الفقى]

[align=left]
Rochford District Council, R (on the application of) v Secretary Of State For The Environment, Court of Appeal - Administrative Court, May 12, 2000, [2000] EWHC Admin 337

Case no: co/4875/98
IN THE SUPREME COURT OF JUDICATURE
QUEENS BENCH DIVISION
CROWM OFFICE
Royal Courts of justice
Strand, London, wc2a 2ll
Friday 12 May 2000

Before:

thE HON MR JUSTICE turner

THE QUEEN

V
THE SECRETARY OF STATE

for the ENVIRONMENT

Ex parte ROCHFORD DISTRICT COUNCIL
____________________

(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 Tim Mould (instructed by Treasury Solicitors for the 1st Respondent)
Mr John Dagg (instructed by Rochford Dist. Council for the Applicant)
____________________

Judgment
As Approved by the Court

Crown Copyright ©










Mr JUstice Turner:
1. This is an application for judicial review of the decision of a planning inspector dated 23rd October 1998 under which h...
[/align]

[هيثم الفقى]

[align=left]
British Board Of Film Classification, R v Video Appeals Committee Of British Board Of Film Classification, Court of Appeal - Administrative Court, May 16, 2000, [2000] EWHC Admin 341

1

IN THE HIGH COURT OF JUSTICE CO /4074/99
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)
Royal Courts of Justice
The Strand
London WC2A 2LL
Tuesday 16 May 2000
B e f o r e:
MR JUSTICE HOOPER
- - - - - -
R E G I N A
-v-
THE VIDEO APPEALS COMMITTEE OF THE
BRITISH BOARD OF FILM CLASSIFICATION
Respondent
(EX PARTE THE BRITISH BOARD OF FILM CLASSIFICATION)
Applicant
- - - - - -
Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 831 3183 0171 831 3183
Official Shorthand Writers to the Court)
- - - - - -
LORD LESTER OF HERNE HILL QC and MR ANDREW HUNTER (Instructed by Messrs Goodman Derrick, London, EC4A 1PT) appeared on behalf of the Applicant.
MR DAVID PANNICK QC and MS JANE MULCAHY (Instructed by Messrs Henri Brandman, London, W1M 9LA) appeared on behalf of Sheptonhurst Limited.
MR HUGH RICHARDS (Instructed by Messrs Clarkes) appeared on behalf of Prime Time Promotions (Shifnal) Limited.
- - - - - -
Judgment
As Approved by the Court
Crown Copyright ©


Mr Justice Hooper:
The applicant, the British Board of Film Classification ("BBFC") challenges by way of judicial review the decision of its Video Appeals Committee (the "VAC") to allow an appeal brought by Sheptonhurst Limited ("Sheptonhurst") and Prime Time (Shifnal) Ltd ("Prime Time") against the decision of the Board refusing an application to classify, in the absence of further editing, a number of videos as R18, that is: suitable for sale only in licensed *** shops. There are about 80 licensed *** shops, about half of which are owned by Sheptonhurst's parent company. The editing required the following material to be removed:
"all shots of penetration by penis, hand or dildo as well as all shots of a penis being masturbated or taken into a woman's mouth".
The respondent, after a two day hearing, allowed the appeal by a majority of 4 - 1 and granted the videos in question an R18 classification. It is not disputed that the remit of the VAC is to hear appeals "de novo" (page 9 of the judgment of the VAC). It is not merely exercising a supervisory jurisdiction of the kind exercised on a judicial review application.
Permission to apply for judicial review was refused on paper by Dyson J. and granted after an oral hearing by Forbes J.. The Respondent did not take part in these proceedings. Sheptonhurst and Prime Time did appear. Counsel for Prime Time relied substantially on the arguments of counsel for Sheptonhurst, Mr David Pannick Q.C.. The panel which heard the appeal was presided over by Mr....
[/align]

[هيثم الفقى]

[align=left]
Blackfordby & Boocorpe Action Group Ltd, R (on the application of) v Leicester County Council Hepworth Building Products Ltd & Anor, Court of Appeal - Administrative Court, March 15, 2000, [2000] EWHC Admin 304



- 2 -
In the HIGH Court of JUSTICE Case no: co/1822/99
QUEENS BENCH DIVISION
CROWN OFFICE LIST The County Court
At Chester
Wednesday 15 March 2000
Before:
thE HON MR JUSTICE RICHARDS
THE QUEEN
-V-
LEICESTER COUNTY COUNCIL
HEPWORTH BUILDING PRODUCTS LIMITED and
ONYX (UK) LIMITED
RESPONDANT
EX PARTE
APPLICANT
BLACKFORDBY & BOOTHCORPE ACTION GROUP LTD
____________________
(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)
___________________
COUNSEL: APPLICANT Mr D Wolfe instructed by public interest Lawyers
1st RESONDENT Mr R Griffths QC & Mr J Strachan instructed by Leicester County Council Legal Department
2nd RESPONDENT Mr A Gilbart QC instructed by Dibb Lupton Aslop (Solicitors)
____________________
Judgment
As Approved by the Court

Crown Copyright ©

MR JUSTICE RICHARDS:

The members of the applicant company are residents of the village Blackfordby and the hamlet of Boothorpe in Leicestershire. They seek to challenge through the company a decision by the first respondent, Leicestershire County Council, on 26 March 1999 to grant planning permission for the extraction of coal and clay and for the disposal of 3.9 million tonnes of putrescible waste on a site close to their homes. I shall refer to the site as a whole as "the Albion site", though it contains a number of separate areas of which Albion and Moira are the two most important. The second respondents ("Hepworth" and "Onyx") were parties to the joint application for planning permission.
The matter came before me as an application for permission to apply for judicial review, but on the basis that I would hear full argument and, if permission were granted, would proceed to determine the substantive application for judicial review. I have decided to grant permission. What follows is therefore my decision on the substantive application. In addition, I accede to the application by the second respondents that they be formally joined as parties to the substantive proceedings for judicial review.
The central question raised by the challenge is the status, for the purposes of a planning decision, of various environmental "objectives" laid down by the Waste Management Licensing Regulations 1994, which implement an EC directive. The applicant contends that it is not sufficient for the local planning authority to take those objectives into account as material considerations; they require the authority to go further and to minimise environmental impacts and risks. Subsidiary aspects of the challenge concern alleged failures to take into account material considerations and arguments as to the rationality of the Council's decision on certain matters.
Factual background
The area has a long history of clay and coal extraction. The Albion site is subject to a number of extant minerals consents. It suffers from dereliction through uncontrolled workings and a piecemeal approach to mineral extraction over the years. There were at the time of the decision challenged three unrestored voids totalling 7.7 million cubic metres, a stockpile of 5 million tonnes of clay, and continuing ad hoc opencast coal and clay mineral extraction. Since 1991 various strategies have been formulated to reclaim and improve derelict land to restore the voids. Those strategies have depended upon mineral working and land fill to fund the reclamation and enable restoration of the voids. In 1995 Hepworth, which is the largest land and clay owner in the Ashby Woulds, formed a joint venture company to submit a planning application for a comprehensive scheme of extraction and reclamation. Planning permission was refused by the Council in 1996. Coal and clay extraction resumed at the Albion site pursuant to the existing...
[/align]

[هيثم الفقى]

[align=left]
Thames Water Utilities Ltd v London Borough Of Bromley, Court of Appeal - Administrative Court, March 04, 2000, [2000] EWHC Admin 301

- 1 -


Case No: CO/4600/99
IN THE SUPREME COURT OF JUDICATURE
QUEENS BENCH DIVISION
DIVISIONAL COURT
CROWM OFFICE LIST
Royal Courts of Justice
Strand, London, WC2A 2LL

Tuesday 4 March 2000

B e f o r e :

LORD JUSTICE SCHIEMANN
MR. JUSTICE DOUGLAS BROWN






- - - - - - - - - - - - - - - - - - - - -
(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)
- - - - - - - - - - - - - - - - - - - - -
GEOFFREY STEPHENSON (instructed by Legal Department, Thames Water for the Appellant)
MARK LOWE Q.C. & IAN ALBUTT (instructed by Legal Department London Borough of Bromley, Parker, Arrenberg, Dawson, Co for the Respondent)
- - - - - - - - - - - - - - - - - - - - -
Judgment
As Approved by the Court

Crown Copyright ©









Lord Justice Schiema...
[/align]

[هيثم الفقى]

[align=left]
B, R (on the application of) v North East Thames Mental Health Review Tribunal, Court of Appeal - Administrative Court, June 13, 2000, [2000] EWHC 640 (Admin)

SMITH BERNAL
CO 2556/1999
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(CROWN OFFICE LIST)
Royal Courts of Justice
Strand
London WC2

Tuesday, 13th June 2000

Before:

MR JUSTICE SCOTT-BAKER

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

REGINA

-v-

THE NORTH EAST THAMES MENTAL HEALTH REVIEW TRIBUNAL
EX PARTE F. B

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

(Computer-aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0207-421 4040/0207-404 1400 Fax...
[/align]

[هيثم الفقى]

[align=left]
Amin, R (on the application of) v Secretary Of State For Home Department & Anor, Court of Appeal - Administrative Court, July 17, 2000, [2000] EWHC Admin 371

10


CO/4956/1998

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

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 17th July 2000

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

B e f o r e :

THE HON MR JUSTICE LANGLEY

Between:

(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 A Underwood and Ms G Broadfoot (instructed by The Treasury Solicitor for the Respondent)
Ms. M. Phelan (instructed by Messrs Thompson & Co for the Applicant)


Judgment
As Approved by the Court
Crown Copyright ©
This application raises issues as to the appropriate procedure to be followed in the hearing of asylum appeals by Special Ad...
[/align]

[هيثم الفقى]

[align=left]
Telecom Securicor Cellular Radio Ltd v National Assembly For Wales & Anor, Court of Appeal - Administrative Court, November 02, 2000, [2000] EWHC Admin 412

13

CO/575/2000
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London
WC2A 2LL

Thursday, 2 November 2000

BEFORE:

THE HON MR JUSTICE RICHARDS
BETWEEN:

TELECOM SECURICOR
CELLULAR RADIO LIMITED
Claimant
- v -

THE NATIONAL ASSEMBLY FOR WALES
First Defendant
- and -
BRECON BEACONS NATIONAL PARK AUTHORITY
[/align]
...

[هيثم الفقى]

[align=left]
North Yorkshire Police v Saddington, Court of Appeal - Administrative Court, October 26, 2000, [2001] RTR 15,[2000] EWHC Admin 409

-- 1 --


Case No: CO/2184/2000

Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 26 October 2000

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


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

(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)

Miss Geraldine Kelly (instructed by the Crown Prosecution Service, Harrogate) appeared for the Appellant

Mr Richard Reed (instructed by Grahame Stowe Bateson) appeared for the Respondent

Judgment
As Approved by the Court

Crown Copyright ©



Pill LJ:

1. This is a prosecutor's appeal by way of case stated against decisions of the Justices for the County of North Yorkshire sitting at Harrogate on 21 February 2000 whereby they dismissed informations against Michael Saddington ("the respondent") with respect to conduct at Harrogate on 23 March 1999.

2. The two informations the subject of this appeal allege that the respondent:
"i) Did drive a motor vehicle namely an unregistered motorised scooter on Crescent Road whilst disqualified for holding or obtaining a driving licence. Contrary to section 103(1)(b) Road Traffic Act 1988 and schedule 2 to t...
[/align]