CiteTEXT
...Attorney General v Leveller Magazine [1979] AC 440 Mr Lawson referred to R v Westminster City Council, ex parte Castelli [1995] 7 Admin. LR...Westminster City Council ex parte Castelli, felt “it is not immediately obvious how the application of those principles (the principles in the cases to which he was referred) applies to the present situati...publication of the proceedings. Here she refers to the judgment of Neill LJ in R v The Dover JJ ex parte Dover District Council [1991] 156 JP 433 at p.438A-439C. In relation to the appellants...
...Westminster City Council, ex parte Bishop, an unreported decision of Mr Robert Carnwath QC, sitting as a deputy judge of the High Court, on 9th February 1993, was another authority on which the judge place...by affidavit evidence in the course of proceedings. I must consider some of the authorities to which he drew our attention.R v Swansea City Council, ex parte John (1982) 9 HLR...least to amplify the stated reasons. Generally I would adopt what was said by Woolf J ... in R v Swansea City Council, ex parte John ..."A little later the learned judge...
...(see R v Secretary of State for the Environment, ex parte Powis [1981] 1 WLR 584; R v Westminster City Council, ex parte Ermakov ...Mental Health Review Tribunal ex parte Clatworthy [1985] 3 All ER 699: Standing back and looking at these reasons and asking, would the applicant, from those reasons, know why the case...submitted to the Administrative Court by all three parties. That of the LEA sought to recanvass the facts; that of the tribunal chair sought to advance ex post facto reasons for the written decision; and...
...: R v Westminster City Council, ex parte Monahan [1990] 1 QB 87. The proposed cross-subsidy was a material consideration in the light of the Council's obligation...of Appeal, and a decision of the House of Lords, which have a bearing on the questions on this appeal: R v Westminster City Council, ex parte Monahan [1990] 1 QB...connection with off-site benefits is necessary. 49. R v Westminster City Council, ex parte Monahan and R...
...analysis of the subsection and the earlier authorities is to be found in the judgment of Carnwath J (as he then was) in R v Westminster City Council ex parte Obeid [1996] 29 HLR 389. Havin...J expressed himself similarly in the case of R v Westminster City Council ex parte Ndomdinga, unreported, 14th October 1997, although there are differences in the language of his exposition...approval of the Court of Appeal in R v Exeter City Council ex parte Trankle [1994] 26 HLR 244. However, in R v London Borough of Ealing ex parte Sukhija [1994] 26 HLR...
...too widely expressed. Reasons that merely elucidate reasons given contemporaneously with a decision will normally be considered by the Court: see R v Westminster City Council, ex parte Er...to give reasons as part of the notification of the decision, so that (as Law J put it in Northamptonshire County Council ex p D) "the adequacy of the reasons is itself made a condition of the legality...2003. On 7 February he was taken to the Refugee Council, which secured accommodation for him for the weekend. 7. On Monday 10 February 2003 he applied for asylum at Croydon. He could not...
.... We were referred to a number of authorities which consider section 191(2), including R v Westminster City Council ex parte Obeid (1996) 29 HLR 389...; R v Westminster City Council ex parte N'Dormadingar (Lightman J, 14th October 1997); O'Connor v Kensington & Chelsea RLBC (2004) HLR 37...her small child. She has since had a second child. In September 2002, and on 7th April 2003 when she applied to Birmingham City Council, the respondents, for assistance under Part VII of the 1996 Act...
..., 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...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...parte Ermakov [1996] 2 All ER 302) which can be no larger on a statutory appeal. Decisions such as that of Latham...
...represented in the course of doing so that he was occupying the property as his home; thirdly, that the case of R v Westminster City Council ex parte De...constitute occupation. 14. Miss Hannett took us to a number of authorities. She relied most particularly on R v Westminster City Council ex parte De...Westminster City Council ex parte Khan [1991] 23 HLR 230. In Khan a woman obtained entry clearance, having represented that she and her husband would live at a property in north...
...Strand London WC2 Monday 17 February 1997 B e f o r e: THE MASTER OF THE ROLLS (LORD WOOLF) LORD JUSTICE WAITE LORD JUSTICE HENRY - - - - - - R E G I N A - v - QBCOF 96/1475/D WESTMINSTER CITY COUNCIL EX ...QBCOF 96/1490/D THE LONDON BOROUGH OF LAMBETH EX PARTE X QBCOF 96/1491/D LAMBETH LONDON BOROUGH COUNCIL EX PARTE P QBCOF 96/1492/D HAMMERSMITH AND FULHAM LONDON BOROUGH COUNCIL EX ...EX PARTE A QBCOF 96/1494/D HAMMERSMITH AND FULHAM LONDON BOROUGH COUNCIL EX PARTE M (Transcript of the Handed-down Judgment of Smith Bernal Reporting Limited, 180...
...changing social conditions (see the observations of this Court in R v Westminster City Council, ex parte M, P, A and X [1997] 1...R v Westminster City Council and ors ex p M, P, A and X (1997) 1 CCLR 85. Destitute asylum seekers unable to provide for...housing (see, on this point, R v Newham London Borough Council, ex parte Medical Foundation for the Care of Victims of Torture (1997) 1 CCLR 227; R v Bristol City...
...evidence. 59. In support of this argument Mr Coppel relies upon the Court of Appeal's decision in R v Westminster City Council, ex parte Ermakov...before this court is Lanner Parish Council ("LPC"). The defendant in the judicial review proceedings and respondent in this court is the Cornwall Council ("the Council"). 5. The applicant...is the West Sub-Area Planning Committee of the Council. I shall refer to this body as "the Planning Committee" or "the Committee". 7. Lanner is a large village in the west of Cornwall...
...the successful subject of judicial review application. R v Westminster City Council ex parte Chorion PLC (CO/3423/2000). When a policy is formulated there are certain...Guidelines (as amended on 20 March 2001) applies, it is to be construed, whether by Westminster City Council or appellate courts, as a presumption. ii) A declaration that, where the said...R v Torbay Licensing Justices ex parte White [1980] 2 All ER 24 and R v Chester Crown Court ex parte Pascoe and...
...was also considered in a different context by Hutchison LJ in R v Westminster City Council, ex parte Ermakov [1996] 2 All ER...Westminster City Council v Great Portland Estates Plc [1985] AC 661, 673: 29. "Parliament provided that reasons shall be given, and in my view that...Department, ex parte Zulfikar (The Times, 26.7.95). Stuart-Smith LJ, with whom Butterfield J agreed, stated: "Where a prisoner either pleads guilty or after conviction later accepts...
...not assist us. There is the view expressed by McCullough J in 1983 in R v Westminster City Council, ex parte Ali 11 HLR 83, 93: "That anyone should regard as...the area of the Westminster City Council is so desperately short that it is reasonable to accept overcrowding of this degree. In the absence of such evidence I am driven to the conclusion that this...Borough Council ex parte Awua [1996] 1 AC 55, 67, drawing attention to the historical development of the statutory provisions...
...David Hewitt sworn for the purposes of the application. Use of his affidavit can be justified in contrast with the affidavit in R v Westminster City Council ex parte Ermakor [1996] 2 AER...310, R v Home Secretary, ex parte Doody [1994] AC 531, R v Higher Education Funding Council, ex parte Institute of Dental Surgery...application for judicial review, other than an application for an order of certiorari by the Attorney-General acting on behalf of the Crown, is 4. Such an application must be made ex parte by lodging...
...jurisprudence. 6. In 1997 this court in R -v- Westminster City Council ex parte M (1997) 1 CCLR 85 held that all destitute asylum...been damaged."7. As Lord Hoffmann was later to observe in R (Westminster City Council) -v- National Asylum Support Service..., successively before Stanley Burnton J and this court in early 2001 and the House of Lords in 2002. Westminster -v- NASS, unlike Ex parte O, did concern a destitute asylum seeker and so for the first...
...rationalisation of the decision and I bear in mind the words of Hutchison LJ in R v Westminster City Council ex parte Ermakov...then was, in R v Legal Aid Area No 8 (Northern) Committee ex parte Angell [1991] 3 Admin Law Reports 189 and Re C and P [1992] COD 29...reasons; but should, consistently with Steyn LJ's observations in ex parte Graham, be very cautious about doing so. I have in mind cases where, for example, an error has been made in transcription or...
...Robinson and applied in R v Westminster City Council ex parte Reid [1994] 26 HLR 690 and represents the right test. It ensures a coherent approach as between section 60(1) and section 60(2...intervening arrangement point 16. The question whether a prisoner is or may be intentionally homeless is not virgin territory. In R v Hounslow London Borough Council ex...purposes of his argument before us today he did not need to challenge anything said by Mr Richards in ex parte R. For my part, I would approve, adopt and gratefully follow Mr Richards' decision in that case...
...established if the proposal was granted. [9] Mr Deeny QC argued that the Commission by the affidavit of Ms�Campbell had gone beyond mere elucidation of its reasoning. In R v Westminster City Council ...the reason; but should consistently with Steyn J's observations in ex parte Graham be very cautious about doing so". In the present case the first two affidavits of Ms Campbell add nothing of relevance...retail warehouses in the locality and referred to the consequent effects on Abbey Centre, other centres including Glengormley, schemes in the City Centre, Ballyclare and Carrickfergus. The Commission...