CiteTEXT
...challenge, essentially because of the decision in R v Brent LBC ex parte D [1998] CCLR 241 (to which Wandsworth had referred in their letter and to which I shall have to return). He granted...that ‘too ill to travel’ is taken as being very seriously ill." Reiterating that refusal by letter of 23 July 1999 Leicester referred to R v Brent LBC ex parte D, noting that although Mr Bhikha’s case...illegal immigrant, his life or health would be seriously at risk were he to undertake the journey home. In R v Lambeth LBC ex parte Sarhangi [1999] CCLR 145...
.... v. Kensington and Chelsea LBC ex parte Kihara 29 HLR 147. The court does not therefore have to follow the decisions given on applications for permission to appeal. They are at best only of persuasive...seems plain on first principles. A number of such applications have been reported – for example R v Manchester Metropolitan University, ex parte Nolan [1994] ELR 380 – in none of which...LBC v Winder [1985] AC 461 in relation to public law defences to private law actions, notwithstanding the availability of collateral challenge. And in...
...R v Croydon LBC, ex parte Graham (1993) 26 HLR 286, 292, the very existence of material gaps in the reasons accompanying the decision may have rendered it unlawful..., even on judicial review, has a restricted ambit (see R v Secretary of State for the Environment, ex parte Powis [1981] 1 WLR 584; R v...Westminster City Council, ex parte Ermakov [1996] 2 All ER 302) which can be no larger on a statutory appeal. Decisions such as that of Latham...
...provide security of tenure as per the decision of the House of Lords in R v Brent LBC, ex parte Awua (1995) 3 WLR 215.The.... The Defendant further submits that in accordance with ... ex parte Awua ... it does not owe the claimant any duty to provide security of tenure only a duty to secure that accommodation...
...be conscientiously taken into account when the ultimate decision is taken (R v Brent LBC ex parte Gunning [1986] 84 LGR 168). 109. We have...REVIEW R E G I N A - v - NORTH AND EAST DEVON HEALTH AUTHORITY Respondent EX PARTE PAMELA COUGHLAN Applicant and SECRETARY OF STATE FOR HEALTH Intervenor and ROYAL COLLEGE OF NURSING Intervenor...the resources available to him and the demands on those resources. In R v Secretary of State for Social Services and Ors ex parte Hincks[1980] 1 BMLR 93 the Court of Appeal held that...
...tribunal which is required to give reasoned decisions should respond to an appeal by purporting to amplify its reasons. As Steyn LJ pointed out in R v Croydon LBC, ex parte Graham (1993) 26 HLR...
...reminded us of the well-known statement in the speech of Lord Brightman in R v Hillingdon LBC ex parte Puhlhofer [1986] 1 AC...v Newham LBC ex parte Sacupima (2001) 33 HLR 1, at 11. There Dyson J said: "23. Suitability is not an absolute concept. As...authority's decision on suitability unless it was clearly wrong: see R v Camden LBC ex parte Jibril (1997) 29 HLR 785 at 791. Further, Mr Rutledge submitted...
.... The effective cause will often be the chronologically proximate cause, but it need not be; see R v Hackney LBC ex parte Ajayi [1997] 30 HLR 473. 10. If there is more...that he deliberately did something or omitted to do something which had that consequence; R v Salford City Council ex parte Devenport [1983] 8 HLR 54. 8. The cases show...than one operative or effective cause, it suffices that only one of them is the deliberate act or omission of the applicant; see R v London Borough of Hammersmith and Fulham ex parte P [1989...
...hospital facilities (R v. Shropshire Health Authority and Secretary of State ex parte Duffus [1990] 1 Med L R 119). A similar view to that expressed by Megarry J was also stated by Hodgson J, who said, with.... Brent LBC ex parte Gunning (1985) 84 LGR 168 at page 189 per Hodgson J) and that this must be done with "a receptive mind" (R v. Camden LBC ex parte C...Islington ex parte East [1966] ELR 74 at 88D that "the extent and method of consultation must depend on the circumstances .. Underlining what is required must be the concept of fairness...
...LBC ex parte D [1989] 3 W.L.R. 1239 that judicial review in this type of case should be very rare and limited to points of principle that need to be established. The...
...argument before me, Mr Knafler submitted that the proper role of social workers was to assess need and not (in effect) to make "immigration decisions". He cited the case of R v Wandsworth LBC ex parte O...Fulham LBC ex parte Damoah [1999] 2CCLR 18 the facts (as taken from the headnote) were: "Mrs Damoah was a Swedish national of Ghanaian descent with two sons...foster parents (see e.g. R. v Tower Hamlets ex parte Bradford [1998] 1 CCLR 124). The decision not to exercise that power must be reasonable. 15. Mr...
...the applicant, including particular kinds of disability. Thus in R v Brent LBC ex parte Omar (1991) 23 HLR 446, Henry J said of the similar provisions in...] EWHC 633, and by Sir Louis Blom-Cooper QC in R v Lewisham LBC ex parte: Dolan (1993) 25 HLR 68. Examples of more recent cases which turned on specific...[2008] EWHC 3158 (Admin); R (Bailey) v Brent LBC [2011] EWCA Civ 1586...
...concerned with a broad discretionary power conferred on the authority by Parliament. As Richards J. observed in R v Islington LBC, ex parte Reilly...unchanged. Housing need remains the priority. 23. Composite need was addressed by Richards J in R v Islington LBC, ex parte Reilly...R v Islington LBC, ex parte Reilly & Mannix at p666. In so far, therefore, as the respondent's scheme precludes consideration of any...
...recently, in R v Brent LBC ex parte Awua [1996] AC 55, Lord Hoffmann, distinguishing this line of authority from the...the occupation of a settled residence is the sole and exclusive method by which the causal link can be broken." In R v Harrow LBC ex~parte Fahia...principles, I turn to the reasons for Westminster's decision, given in the letter from Mr Perdios dated 24 September 2004. He wrote: "... R v Harrow LBC ex~parte Fahia...
...a grant. This error came to light in December 1982 when the House of Lords gave judgment in the conjoined appeals of The Queen v Barnet LBC, ex parte Shah...of test cases reported in The Queen v Barnet LBC ex parte Shah Accordingly in R v Hertfordshire County Council ex parte Cheung; R v Septon Metropolitan...Council ex parte Cheung; R v Septon Metropolitan Borough Council ex parte Pau (The Times 4 April 1986 and Official Transcripts 1980-1989) concerned an administrative decision which was...
...Newham LBC, Ex parte Ahmad [2009] 3 All ER 755. Although the challenge failed, the Defendant decided to review and revise the scheme following...R v Newham LBC ex parte Bibi [2002] 1 WLR 237, Schiemann LJ drew attention to the wide-ranging meanings that may be attributed to...rise to) a right to be allocated a house: see R v Barnet LBC Ex parte Lin [2007] EWCA 132 at [25] and Ahmed at [12]. 35. Without derogating...
...of Moses J, as he then was, in R v Brent LBC ex parte Sadiq (2001) 33 HLR 47. While I accept that Moses J makes it clear that the existence of alternative...conclusions the judge relied upon the decision of this court in R v Southwark LBC ex parte Dagou (1995) 28 HLR 72. The judge went on to direct that Crawley was...
...R v Tower Hamlets LBC, ex parte Monaf (1988) 20 HLR 529 the Court of Appeal held that the decision in Tilley was equally authority for the proposition that the word...v Hammersmith and Fulham LBC ex parte M [1997] 30 HLR 10 this court decided that a local authority had an obligation under s.21 of the National Assistance Act 1948 to provide..., again as s.1. 18. In Attorney General ex rel. Tilley v Wandsworth LBC [1981] 1 WLR 854 the Court of Appeal...
...because she had obtained the mortgage by giving false information and her home had been repossessed by the lender. Their decision was upheld by this court. 12. In R v Wandsworth LBC ex parte Onwudiwe...need not be (R v Hackney London Borough Council, ex parte Ajayi [1997] 30 HLR 473. 8. If there is more than one operative or effective cause...it suffices that only one of them is the deliberate act or omission of the applicant: R v London Borough of Hammersmith and Fulham ex parte P [1989] 22 HLR 21...
...suitability, for the purposes of section 206: see R v Newham LBC ex parte Sacupima (2001) 33 HLR 18 (C.A.). The duty to secure accommodation in the housing...he then was, in R v Lambeth LBC ex parte Eckpo-Wedderman [1998] 31 HLR 498, 514 when he said: "I do not believe that a local housing authority...firmly in mind the observations of Lord Brightman in R v Hillingdon London Borough Council ex parte Pulhofer [1886] AC 484, 518 (with whose judgment Lords...