For a BBC radio interview with Marc Beaumont about the decision in P v Hertfordshire County Council in December 2008, please click here. Selected notable cases conducted in the Public Law, judicial review and Education fields
P v Hertfordshire County Council [2009] Lawtel, 30.1.09
(School closure; judicial review; Closure Notice failed to show how closure would improve SEN provision for SEN children; Closure Notice held to be invalid; closure decision quashed. Defect I identified will affect closures across England & Wales).
SR v Kent County Council [2007] ELR 648, Lawtel, 21st September
(Education, racist bullying, child withdrawn from school, LEA offered same school or school distant from home, whether discharge of LEA duty under s. 19 of the Education Act 1996)
R (Energy Financing Team Ltd) v Serious Fraud Office, GML International Ltd (Interested Party) [2005] All ER 285, Divisional Court
(Foreign proceedings, international fraud, mutual assistance, SFO, search warrants far wider than overseas request, judicial review, specificity of warrant, s.2 Criminal Justice Act 1987, ECHR, formal Guidance from Divisional Court)
J and B v Governors of H School [2005] Lawtel, 2nd September, Court of Appeal.
(school exclusion, fights and serious injury; bullying of assailant; Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party; absence of reasons of Judge below.)
BJ and MB v Governors of H School [2005] All ER (D) 274
(school exclusion, fights and serious injury; bullying of assailant; Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party
M v Worcestershire CC [2004] Lawtel 27th April
(SEN, breach of s. 19(1) Education Act 1996, assurances of provision broken)
Louden v Bury School Organisation Committee [2002] Lawtel 19th December
(Constitutionality/illegality; bias of Chairman; evidence ignored; conduct of SOCs)
Boulton & Andrew v Leeds School Organisation Committee [2003] ELR 67
(Final hearing)
Boulton & Andrew v Leeds School Organisation Committee [2002] EWCA 20th June, Lawtel, Court of Appeal
(school closure, right of objectors to appear before SOC, scope of SOC´s duty to hear objections orally, natural justice, locus/whether pupils can be the applicants; abuse of process;)
London Borough of Islington v Michaelides [2001] Crim LR 843, [2001] Divisional Court.
(Planning, breach of Enforcement Notice, autrefois acquit inapplicable where previous acquittal secured by improperly obtained certificate of lawful development).
Thornberry v Coleman [2001] All ER (D) 357, Court of Appeal
(Planning, slander by officer of Local Government, exemplary and aggravated damages, whether slander of Company Director is slander of the Company )
Reg v Kingston Upon Hull MBC ex parte Rhodes [2001] ELR 230
(s. 13 Education Act 1996, breach of statutory duty, judicial review)
Reg v Kirklees MBC ex parte Beaumont [2001] ELR 204
(Local Government, bias, non-pecuniary interest, leading case on circumstances in which a Councillor must recuse himself from a Council vote)
Reg v Sheffield CC ex parte McCloskey [2000] ELR 85
(school admissions)
Reg v Rotherham MBC ex parte Tomlinson & Ors [1999] ELR 500, [2000] ELR 76, Court of Appeal
(s. 411(5) Education Act 1996, lawfulness of catchment areas, Greenwich decision, out-catchment applicants)
Reg v Sheffield CC ex parte Hague and others [1999] ELR 242 & 511, Court of Appeal
(A leading case on school admissions, Section 411 Education Act 1996, conduct of appeals, whether Appeal Committees can take into account anterior unlawfulness of policy)
Reg v London Borough of Redbridge ex parte Benning & ors [1999] 6 Ed CR 959
(School admissions, s. 411 Education Act 1996, catchment areas and ECHR)
Reg v Rotherham MBC ex parte Clark & others [1998] 2 ELR 152, Court of Appeal
(education; leading modern case on school admissions; judicial review of school admissions policy based on catchment areas rather than parental preference; s. 411 Education Act 1996) |
