England and Wales High Court of Justice

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Ratchev, R (on the application of) v Government Of Bulgaria & Anor, Court of Appeal - Administrative Court, May 17, 2000, [2000] EWHC Admin 343




Case No: CO 2018/99

IN THE SUPREME COURT OF JUDICATURE
QUEEN'S BENCH DIVISION (CROWN OFFICE LIST)

Royal Courts of Justice
Strand, London, WC2A 2LL

Wednesday 17th May 2000

B e f o r e :

LORD JUSTICE HENRY
and
MR JUSTICE ALLIOTT

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(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)

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Ms Helen Malcolm (instructed for the Applicant)
James Lewis Esq (instructed for the Respondent)

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Judgment
As Approved by the Court

Crown Copyright ©






Lord Justice Henry:
Mr Ratchev, now a British subject through marriage and residence, challenges, under Section 6(2) of the Extradition Act, 1989, his committal for e
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Kaymak, R (on the application of) v Secretary Of State For Home Department & Ors, Court of Appeal - Administrative Court, December 13, 2000, [2000] EWHC Admin 431

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IN THE HIGH COURT OF JUSTICE CO/961/2000
QUEEN'S BENCH DIVISION
(ADMINISTRATIVE COURT)

Royal Courts of Justice
Strand
London WC2

Wednesday, 13th December 2000
B e f o r e:

MR JACK BEATSON QC

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THE QUEEN ON THE APPLICATION OF

HASAN KAYMAK

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(1) SECRETARY OF STATE FOR THE HOME DEPARTMENT
(2) THE IMMIGRATION APPEALLATE AUTHORITY
(3) THE IMMIGRATION APPEAL TRIBUNAL

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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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DR S JUSS (instructed by Sheikh & Co, 208 Seven Sisters Road, Finsbury Park, London N4 3NX) appeared on behalf of the Applicant.

MISS J ANDERSON (instructed by Treasury Solicitor, Queen Anne's Chambers, 28 Broadway, London SW1H 9JS) appeared on behalf of the Respondents.


Judgment
As Approved by the Court
Crown Copyright ©





JACK BEATSON Q.C.:- In this application for judicial review Mr Hasan Kaymak, an Alevi Kurd aged 31 who is a Turkish citizen, seeks certiorari to quash the decisions of Miss Lingard, the Special Adjudicator promulgated on 3 November 1999 t...
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Joseph, R (on the application of) v Director Of Public Prosecutions & Anor, Court of Appeal - Administrative Court, December 21, 2000, [2000] EWHC Admin 439

Case No: CO/1224/2000

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT LIST
DIVISIONAL COURT
IN THE MATTER OF AN APPLICATION
FOR JUDICIAL REVIEW

Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 21st December 2000

B e f o r e :

LORD JUSTICE WALLER

and

SIR EDWIN JOWITT
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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 Hugh Southey (Instructed by Deighton Guedalla, 30 Islington Green , London, N1 8DU)appeared for the Appellant
Mr John McGuinness (Instructed by CPS, London)appeared for the Respondent
Mr Julian Knowles (appeared for the Intervener)
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Judgment
As Approved by the Court

Crown Copyright ©


Lord Justice Waller: 1. The applicant Andre Joseph seeks to review the decision of the Director of Public Prosecutions da...
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MRB Insurance Brokers Ltd, R (on the application of) v Kettering Magistrates' Court, Court of Appeal - Administrative Court, April 04, 2000, [2000] EWHC Admin 320

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Case No: CO/1721/99
IN THE SUPREME COURT OF JUDICATURE
QUEENS BENCH DIVISION
DIVISIONAL COURT
CROWM OFFICE LIST
Royal Courts of Justice
Strand, London, WC2A 2LL

Tuesday 4 April 2000

B e f o r e :

LORD JUSTICE SCHIEMANN
MR JUSTICE DOUGLAS BROWN
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(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)
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FREDERICK PHILPOTT & IAIN MACDONALD (instructed by Messrs. Romain Coleman & Co. for the Applicant)
KARL H. SCHOLTZ (instructed by Legal Servcies, Northampton County Council for the PROSECUTOR)
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Judgment
As Approved by the Court
Crown Copyright ©
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Howell, R (on the application of) v Planning Inspectorate Cardiff, Court of Appeal - Administrative Court, June 15, 2000, [2000] EWHC Admin 355


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Case No: CO/3850/1999

IN THE SUPREME COURT OF JUDICATURE
CROWN OFFICE LIST - IN THE MATTER OF
AN APPLICATION FOR JUDICIAL REVIEW
Royal Courts of Justice
Strand, London, WC2A 2LL

Thursday 15 June 2000

B e f o r e :

LORD JUSTICE ROCH




----------------------------------
(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)
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Geraint Jones (instructed by Messrs Lewis Lewis, Carmarthenshire, for the Applicant)
Philip Marshall (instructed by The Treasury Solicitor for the Respondent)

Counsel for judgment: Mr. A Scott-Gall For the Applicant
Ms. E Gow For the Respondent
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Judgment
As Approved by the Court

Crown Copyright ©






Lord Justice Roch
1. This is an application for an order of certiorari to remove into the High Court and quash a decision of a planning inspector, Mr R. F. Shercliff, contained in a decision letter dated 10 June 1999. That decision was to confirm the proposal of the former Dyfed County Council, to reclassify a public way formerly classified as a road used as a public path under the Public Parks and Access to the Countryside Act, 1949, as a footpath pursuant to the Wildlife and Countryside Act, 1981.
2. The ground upon which relief is sought is that the Inspector, having heard evidence of vehicular use of the relevant way, summarised in paragraph 48 of his decision letter, directed himself that the majority of the evidence of use of the way by vehicles referred to activity after December, 1930, and was evidence that he, the Inspector, could not take into account. The Inspector conclude...
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Mellor, R (on the application of) v Secretary Of State For Home Department, Court of Appeal - Administrative Court, July 31, 2000, [2000] EWHC Admin 385


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Case No: 561/99

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

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 31 July 2000


B e f o r e :

THE HON MR JUSTICE FORBES



- - - - - - - - - -
(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 David Pannick QC and Miss Flo Krause (instructed by A S Law) appeared for the Applicant
Miss Dinah Rose (instructed by the Treasury Solicitor) appeared for the Respondents



Judgment
As Approved by the Court

Crown Copyright ©





Mr Justice FORBES:
1. Introduction In these proceedings the Applicant ("Mr Mellor") seeks judicial review of the decision of the Secretary of State for the Home Department ("the Secretary of State"), made on 3 November 1998 and communicated to Mr Mellor on 5 November 1998, not to allow his application for artificial insemination.

2. The Background Facts Mr Mellor was born on 4 April 1971 and is now aged 29. In February 1995 he was convicted of murder and sentenced to life imprisonment. The tariff element of Mr Mellor's life sentence (Mr Mellor's "tariff") is due to expire in 2006, by which time he will be 35 years old.

3. In January 1997, whilst Mr Mellor was a prisoner at HMP Gartree, he met and formed a relationship with Tracey McColl, who was a member of the prison staff there at the time. On 17 March 1997, Miss McColl resigned from the Prison Service. On 21 April 1997 Mr Mellor was transferred to HMP Winchester, moving from there to HMP Long Lartin on 14 May 1997 and from there to HMP Nottingham on 11 October 1999. HMP Nottingham is a Category B local prison, with a wing for prisoners serving life sentences. Mr Mellor's understanding is that his next progressive move will be to a Category C prison: see paragraph 2 of his affidavit dated 27 May 2000.

4. On 22 July 1997, Mr Mellor and Miss McColl were married in prison. Mrs Mellor is now aged 25 and will be 31 years old when Mr Mellor's tariff expires in February 2006. In 2004, when it is possible that Mr Mellor may be granted temporary release (as to which, see paragraphs 7 and 8 below), Mrs Mellor will be 28/29 years old.

5. The first formal review of Mr Mellor's case by the Parole Board will take place in late 2002, 3 1/2 years prior to the expiry of his tariff, provided he has spent over 12 months as a Category C prisoner. Otherwise, his case will first be reviewed by the Parole Board in February 2003, 3 years prior to expiry of his tariff. Mr Mellor has been advised that once he reaches a Category C prison as a life prisoner, he can expect to spend 2 to 3 years in Category C conditions, if all goes well. This would then be followed by 2 years in Category D conditions (ie open conditions), followed by release on licence: see paragraph 3 of his affidavit dated 27 May 2000.

6. It will be open to the Parole Board, when reviewing Mr Mellor's case, to recommend that he should be transferred to open conditions. Such a recommendation would be subject to the approval of the Secretary of State and would only be made if the Parole Board were satisfied that Mr Mellor had made sufficient progress in addressing his offending behaviour to minimise the risk of reoffending, that he would benefit from open conditions and that he could be trusted not to abscond or to commit further offences whilst inside or outside prison.
7. After 6 months in open ...
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Vallaj, R (on the application of) v Special Adjudicator, Court of Appeal - Administrative Court, December 21, 2000, [2001] INLR 455,[2002] Imm AR 16,[2000] EWHC Admin 438

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Case No: CO/2738/2000

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
CROWN OFFICE LIST
Royal Courts of Justice
Strand, London,
WC2A 2LL
Thursday 21st December 2000

B e f o r e :

THE HON MR JUSTICE DYSON
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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 I. MacDonald QC and Ms S. Harrison (instructed by Messrs A.S.Law for the Applicant)
Mr S. Catchpole (instructed by the Treasury Solicitor for the Respondent)
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Judgment
As Approved by the Court
Crown Copyright ©





Mr Justice Dyson:

Introduction

1. The Claimant is a Kosovar Albanian and a national of the Federal Republic of Yugoslavia ("FRY"). He applied for asylum in the United Kingdom on the grounds that he had a well-founded fear of persecution in the FRY. The basis of his claim was that he had been beaten up on two occasions by 4 or 5 Serbs who lived in his village in Kosovo. He also claimed that he had been living in a tent because his house had been burnt down, and had decided to leave Kosovo in fear of his life in late March 2000.

2. In a letter dated 12 April 2000, the Secretary of State refused the application. So far as material, the letter stated:

"6. The Secretary of State considers that you could have attempted to seek redress through the proper authorities before seeking international protection. While he is aware that there are security difficulties in Kosovo, which the UN administration is seeking to address, he has concluded that you would not be at risk of persecution for a Convention reason there.

7. Further doubts as to your alleged fear of persecution can be drawn from the fact that you did not leave Kosovo until two months after the second alleged attack on you by the Serbs. The Secretary of State holds the view that if your fear of persecution by the Serbs was genuine you would have left Kosovo at the earliest opportunity and the fact that you did not casts doubt on the veracity and credibility of your claim.

8. With regard to the letter received from you r representative on 11th April 2000, the Secretary of State would comment as follows:

The letter claimed that the attacks by Serbs were carried out in an organised manner in order to intimidate you. However, the Secretary of State considers that there is no suggestion that the two claimed attacks were more than random criminality, particularly as the incidents were two or three months apart.
The letter claimed that it is "common knowledge that ethnic Albanians are discriminated against and persecuted by the Serbs". However, the Secretary of State considers that following the Kosovar war such discrimination no longer applies, and it is considered that Serbs are, in fact, vulnerable in Kosovo because of revenge attacks by ethnic Albanians.
9. In the l...
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Akdogan, R (on the application of) v Special Adjudicator Of Immigration Appellate Authority, Court of Appeal - Administrative Court, February 11, 2000, [2000] EWHC Admin 289


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Case No: CO/1357/99

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

Royal Courts of Justice
Strand, London, WC2A 2LL


Friday, 11 February 2000

B e f o r e :

THE HON MR JUSTICE MAURICE KAY



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(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)
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Matthew Feldman (instructed by Messrs Christmas & Sheehan for the Applicant)
Lisa Giovannetti (instructed by the Treasury Solicitor for the Respondent)


Judgment
As Approved by the Court

Crown Copyright ©
Friday, 11 February 2000
JUDGMENT Mr Justice Maurice Kay: This Applicant has permission to apply for judicial review of a decision by a Special Adjudicator, Mr. G Denson, made on 13 January 1999 to adjourn the Applicant's appeal hearing and to transfer it to another Adjudicator. The Applicant is an asylum seeker from Turkey. He is an Alevi Kurd. He is 29 years of age. I do not know all the details of his claim for asylum but it is based upon the involvement of his family and of himself in Kurdish politics. It is said that two of his relatives have been shot for their political activities, one in 1969, the other in 1...
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Victor Chandler International v Customs & Excise & Anor, Court of Appeal - Administrative Court, February 29, 2000, [2000] EWHC Admin 299










HC 999 02539
IN THE COURT OF APPEAL


Before: THE VICE-CHANCELLOR: The Rt. Hon. Sir Richard Scott
The Rt. Hon. Lord Justice Chadwick
The Rt. Hon. Lord Justice Buxton

B E T W E E N


(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 P. Sales and Mr T. Pitt-Payne instructed by H.M. Customs & Excise for the Appellant
Mr D. Oliver QC and Mr M. Cunningham instructed by Goldsmiths, London SW1Y 6JF for the Respondent




Judgment
As Approved by the Court

Crown Copyright ©












Tuesday 29th February 2000
The Vice-Chancellor :-
1. This appeal raises a narrow question of construction of section 9(1)(b) of the Betting and Gaming Act 1981. The 1981 Act is a consolidating Act which reproduces previously enacted statutory provisions. Under section 1(1)(a) of the Act betting duty is chargeable on any bet which is not an on-course bet and which "is made with a bookmaker in the United Kingdom". There are other circumstances set out in the sub-section in which betting duty becomes chargeable but I need not refer to them. Under section 2(1) the betting duty has to be paid "in the case of a bet with a bookmaker ..., by the bookmaker". Naturally enough bookmakers make arrangements under which the real cost of the betting duty for which they become liable is borne by the punters who place bets with them.

2. Betting duty is an excise duty and the Commissioners of Customs and Excise are responsible for its collection.

3. Section 9 of the Act is entitled "Prohibitions for protection of revenue". It reproduces provisions which had their origin in the earlier legislation. The purpose of section 9, and its statutory predecessors, is to prevent bookmakers who are based off-shore, and who are therefore not chargeable under section 1(1)(a), from soliciting bets from people within the United Kingdom.

4. Section 9(1) provides as follows:-
"(1) Any person who -
(a) conducts in the United Kingdom any business or agency for the negotiation, receipt or transmission of bets to which this section applies, or (b) knowingly issues, circulates or distributes in the United Kingdom, or has in his possession for that purpose, any advertisement or other document inviting or otherwise relating to the ma...
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KL v Worcestershire County Council & Ors, Court of Appeal - Administrative Court, March 15, 2000, [2000] EWHC Admin 303

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Case No: 1999/1252/C

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL QUEEN'S BENCH DIVISION
CROWN OFFICE LIST (CARNWATH J)
Royal Courts of Justice
Strand, London, WC2A 2LL

Wednesday 15 March 2000

B e f o r e :

LORD CHIEF JUSTICE
Of England & Wales (Lord Birmingham of Cornhill)
LORD JUSTICE PILL
and
LADY JUSTICE HALE

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Richard Gordon QC & Nicholas Bowen (instructed by Rust Moss & Co., 48 Blackburn Road, Accrington, Lancashire, BB5 1LE) for the appellant
David Wolfe (Mr J Moffatt 15.3.00)(instructed by Simon Mallinson, Head of Legal Services, Worcestershire County Council, County Hall, Spetchley Road, Worcestershire, WR5 2NP) for the respondents

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Judgment
As Approved by the Court

Crown Copyright ©


Lady Justice Hale:

1. This is the judgment of the Court.

Facts 2. K was born on 1 June 1990. She has cerebral palsy, which affects her fine and gross motor movements. She also has Turner's Syndrome which results in small stature. Because of these physical disabilities she has special educational needs. Her mother wishes her to go to A Manor School which is a small private special school. The Special Educational Needs Tribunal has decided that she should go to a mainstream day school which is able to provi...
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