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You are here: BAILII >> BAILII OpenLaw - Leading Cases by Subject >> BAILII OpenLaw - Constitutional Law URL: https://www.bailii.org/openlaw/constitutional.html |
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Subject: Constitutional Law
Compiled By: Conor Crummey
Last Updated: 19 July 2022
BAILII’s OpenLaw Project supports legal education by making leading cases freely and openly available on the internet. The Constitutional Law list is current up to the Last Updated date above and may not include recent decisions. If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/paywalled sites). Please send all comments, corrections or suggested revisions to [email protected].
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Number Case Citation Court Level Nutshell Descriptor 1 A & Ors v Secretary of State for the Home Department [2005] UKHL 71 House of Lords Admissibility of evidence obtained under torture; common law prohibition of torture; principle of legality. 2 A v Secretary of State for the Home Department [2004] UKHL 56 House of Lords Lawfulness of detention under Anti-terrorism, Crime and Security Act 2001; derogation from Art 5 ECHR; proportionality; Art 14 ECHR section 4 HRA 1998. 3 Abbassy v Commissioner of Police of the Metropolis [1989] EWCA Civ 7 Court of Appeal (EWCA Civ) Obligation to inform a person of the reasons for their arrest. 4 Agricultural Sector (Wales) Bill – Attorney General Reference [2014] UKSC 43 Supreme Court Government of Wales Act 2006; Welsh legislative competence; regulation of agricultural wages. 5 Air Canada v Secretary of State for Trade (No.2) [1983] 2 AC 394 Court of Appeal (EWCA) Public interest immunity; disclosure of documents related to government policy around increase in airport landing fees. 6 Airedale Hospital Trustees v Bland [1993] UKHL 17 House of Lords Right to cease medical treatment; 'best interests' test. 7 Ali v Birmingham City Council [2010] UKSC 8 Supreme Court Applicability of Art 6 ECHR; independence of decision maker. 8 Ambrose v Harris [2011] UKSC 43 Supreme Court Whether the right of access to a lawyer prior to police questioning applies only to questioning which takes place when the person has been taken into police custody. 9 Anisminic Ltd v Foreign Compensation Commission [1968] UKHL 6 House of Lords Eligibility for compensation under Orders in Council made pursuant to Foreign Compensation Act 1950; interpretation of 'Ouster clauses'. 10 Associated Provincial Picture Houses Ltd v Wednesbury Corp [1947] EWCA Civ 1 Court of Appeal (EWCA Civ) Unreasonableness as a ground of judicial review. 11 Application by JR55 for Judicial Review (Northern Ireland); Re an [2016] UKSC 22 Supreme Court Investigative powers of Northern Ireland Commissioner for Complaints; restrictions placed by the Court on ombudsman scheme. 12 Attorney General for Hong Kong v Ng Yuen Shiu [1983] UKPC 7 Privy Council Legitimate expectations. 13 Attorney General v De Keyser's Royal Hotel Ltd [1920] UKHL 1 House of Lords Prerogative powers fall into abeyance when statutory authority is enacted. 14 Attorney General v Guardian Newspapers Ltd (No.1) [1987] UKHL 13 House of Lords Confidentiality; injunctions on publication; freedom of the press. 15 Attorney General v Guardian Newspapers Ltd (No.2) [1988] UKHL 6 House of Lords Whether information in the public domain can be subject to confidentiality requirements; Art 10 ECHR; common law of confidence. 16 Attorney General v Jonathan Cape Ltd [1976] QB 752 (ICLR);
[1975] 3 WLR 606High Court (EWHC QB) Confidentiality; collective cabinet responsibility; constitutional conventions. 17 Attorney General v Nissan [1969] UKHL 3 House of Lords Act of state defence. 18 Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 House of Lords Freedom of assembly; right to protest; kettling of protesters by the police. 19 AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46 Supreme Court Scottish legislative competence; whether Scottish legislation is open to judicial review on common law grounds as an unreasonable, irrational and arbitrary exercise of the legislative authority conferred by the Scotland Act 1998 on the Scottish Parliament. 20 B (Algeria) v Secretary of State for the Home Department (No 2) [2018] UKSC 5 Supreme Court Whether there exists a power under the Immigration Act 1971 to grant immigration bail to a person who can no longer be lawfully detained. 21 Banger (EFA: EFM - Right to Appeal) [2019] UKUT 194 (IAC) Upper Tribunal (UKUT - IAC) Non-married partners and other dependent relatives of EEA nations have a right of appeal against the decision to refuse them a residence card. 22 Bank Mellat v HM Treasury [2013] UKSC 38 Supreme Court Closed material procedures; open justice; natural justice. 23 Barnard v National Dock Labour Board [1953] EWCA Civ 5 Court of Appeal (EWCA Civ) Improper delegation of statutory powers. 24 BBC v Johns (HM Inspector of Taxes) [1964] EWCA Civ 2 Court of Appeal (EWCA Civ) New prerogative powers cannot be created; tax exemptions may only be granted through legislation. 25 Beach v Freeson [1972] 1 QB 14 (ICLR) High Court (EWHC QB) Parliamentary privilege; libel. 26 Beatty v Gillbanks (1882) 9 QBD 308 High Court (EW QBD) Right of peaceful assembly; breach of the peace; rule of law. 27 Beghal v DPP [2015] UKSC 49 Supreme Court Terrorism Act 2000; offence of willingly failing to answer questions by police officers, immigration officers or customs officers when detained at an airport; Art 8 ECHR; Art 5 ECHR; Art 6 ECHR. 28 Belfast Cty Council v Miss Behavin' Ltd [2007] UKHL 19 House of Lords Freedom of expression; Art 10 ECHR; proportionality. 29 Bellinger v Bellinger [2003] UKHL 21 House of Lords Whether a marriage between a trans woman and cisgender woman is valid for the purposes of the Matrimonial Causes Act 1973; Art 8 ECHR; Art 12 ECHR; HRA 1998. 30 Blackburn v Attorney General [1971] EWCA Civ 7 Court of Appeal (EWCA Civ) Parliamentary sovereignty; common market. 31 Bradlaugh v Gossett (1884) 12 QBD 271 High Court (EW QBD) Parliamentary oath; Article 9 Bill of Rights; constitutional conventions. 32 British Oxygen Co Ltd v Minister of Technology [1974] UKHL 4 House of Lords Fettering of discretion. 33 British Railways Board v Pickin [1974] UKHL 1 House of Lords Parliamentary sovereignty; Article 9 Bill of Rights. 34 Bromley LBC v Greater London Council [1981] UKHL 7 House of Lords Narrow ultra vires; unreasonableness; statutory discretion. 35 Brutus v Cozens [1972] UKHL 6 House of Lords Statutory construction; distinction between questions of law and questions of fact. 36 Bugdaycay v Secretary of State for the Home Department [1986] UKHL 3 House of Lords Wednesbury unreasonableness; anxious scrutiny; status in domestic law of refugees under Geneva Conventions; Immigration Act 1971. 37 Burmah Oil Co (Burma Trading) Ltd v Lord Advocate [1964] UKHL 6 House of Lords Crown liability for acts lawfully done in wartime; compensation of proprietors from public funds for damage to their property by the Crown. (Subsequently reversed through legislation.) 38 Burmah Oil Co Ltd v Bank of England [1979] UKHL 4 House of Lords Crown privilege. 39 Bushell v Secretary of State for the Environment [1980] UKHL 1 House of Lords Procedural fairness. 40 Cadder v HM Advocate [2010] UKSC 43 Supreme Court Right to fair trial; reliance on admissions made by an accused without legal representation. 41 Carltona v Commissioners of Works [1943] 2 All ER 560 Court of Appeal (EWCA) Civil servants may exercise a government minister's discretion on his or her behalf. 42 Chandler (Terence Norman) v DPP [1962] UKHL 2 House of Lords Prerogative powers; war powers. 43 Christian Institute v Lord Advocate [2016] UKSC 51 Supreme Court Statutory obligations of 'named persons' to share information about a child for whom they are responsible with the child's family were held to be in violation of Article 8 ECHR. 44 Cocks v Thanet DC [1981] UKHL 10 House of Lords Challenge to the decisions of public authority should generally come through judicial review, not ordinary proceedings. 45 Coleen Properties Ltd v The Minister of Housing and Local Government & Anor [1971] EWCA Civ 11 Court of Appeal (EWCA Civ) Judicial review of government decisions that are insufficiently supported by evidence. 46 Congreve v Home Office [1976] QB 629 Court of Appeal (EWCA) Abuse of discretionary power; improper purpose. 47 Conway v Rimmer [1986] UKHL 2 House of Lords Crown privilege; public interest. 48 Craig v Her Majesty's Advocate (for the Government of the United States of America) [2022] UKSC 6;
[2020] HCJAC 22Supreme Court Failure of public bodies to comply with declaratory orders. 49 Council of Civil Service Unions v Minister for the Civil Service [1984] UKHL 9 House of Lords Grounds of judicial review; prerogative powers; justiciability; national security. 50 D v National Society for the Prevention of Cruelty to Children (NSPCC) [1977] UKHL 1 House of Lords Immunity from disclosure of identity for persons who give them information that a child is being ill-treated or neglected. 51 D4 v Secretary of State for the Home Department [2022] EWCA Civ 33 Court of Appeal (EWCA Civ) Whether Regulation 10(4) of the British Nationality (General) Regulations 2003, which allows the Home Secretary to serve notice depriving a person of British citizenship, is ultra vires. 52 Derbyshire County Council v Times Newspapers Ltd [1993] UKHL 18 House of Lords Local authorities cannot sue for defamation. 53 Dimes v The Proprietors of the Grand Junction Canal (1852) 3 HLC 759;
[1852] EngR 789House of Lords Rule against bias; financial or proprietary interest. 54 DPP v Hutchinson [1988] UKHL 11 House of Lords Whether delegated legislation is on its face ultra vires can nevertheless be upheld on the basis that some of the legislation remains 'good'. 55 DPP v Jones [1999] UKHL 5 House of Lords Right of peaceful assembly; blocking of public highway. 56 DPP v Ziegler [2021] UKSC 23 Supreme Court Whether physically obstructive conduct by protesters is capable of constituting a lawful excuse for the purposes of s.137 of the Highways Act 1980; freedom of assembly; freedom of expression. 57 D'Souza v Director of Public Prosecutions [1992] UKHL 10 House of Lords Detention under Mental Health Act 1983; police entering without warrant; meaning of 'hot pursuit' for the purposes of section 17(l)(d) of the Police and Criminal Evidence Act 1984. 58 Duke v GEC Reliance Ltd [1987] UKHL 10 House of Lords Construction of domestic statute in light of European Community law; anti-discrimination. 59 Duncan v Cammell Laird & Co Ltd (Discovery) [1942] UKHL 3 House of Lords Non-disclosure; public interest; national security. 60 Duncan v Jones [1936] 1 KB 218 (ICLR) High Court (EWHC KB) Policing of protest; whether police may interfere with a peaceful protest on the grounds that the protest my provoke others with opposing views to violence. 61 Duport Steels Ltd v Sirs [1980] 1 WLR 142 (ICLR) House of Lords Separation of powers; role of the judiciary. 62 Edinburgh & Dalkeith Railway Co. v Wauchope [1842] UKHL J12 House of Lords Parliamentary sovereignty; courts have no jurisdiction to hold a Private Act of Parliament void on the ground that it passed without prior notice to an interested party in violation of parliamentary standing orders. 63 Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 Supreme Court Deportation of a person to the United States without a guarantee that they will not face the death penalty; common law rights; data protection. 64 Ellen Street Estates v Minister of Health [1934] 1 KB 590 (ICLR) Court of Appeal (EWCA) Doctrine of implied repeal. 65 Entick v Carrington & Ors [1765] EWHC KB J98 High Court (EWHC KB) Rule of law; civil liberties; property rights. 66 Evans v Information Commissioner [2012] UKUT 313 (AAC) Upper Tribunal (UKUT - AAC) Freedom of Information Act 2000; constitutional conventions. 67 Franklin v Minister of Town and Country Planning [1947] UKHL 3 House of Lords Forejudging of an administrative decision; statutory requirements for public inquiry. 68 Fratila v Secretary of State for Work and Pensions [2021] UKSC 53 Supreme Court Unsuccessful challenge to a decision to refuse to universal credit to Romanian nationals residing in the UK. 69 Garland v British Rail Engineering Ltd (No.2) [1982] UKHL 2 House of Lords Supremacy of European Community Law; European Communities Act 1972. 70 Ghaidan v Godin-Mendoza [2004] UKHL 30 House of Lords Interpretive duty under section 3 Human Rights Act 1998. 71 Gibson v Lord Advocate [1975] ScotCS CSOH 3 Court of Session (ScotCS CSOH) ECA 1972; private fishing rights; Treaties of Union and Parliamentary Sovereignty (obiter). 72 Gouriet v Union of Post Office Worker [1977] UKHL 5 House of Lords Locus standi to bring public action. 73 Hall v Mayor of London [2010] EWCA Civ 817 Court of Appeal (EWCA Civ) Art 6 ECHR; possession order; injunction requiring protesters to dismantle structures. 74 Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 House of Lords Duty of care in negligence (injuries caused by third parties); liability of the Home Office for damages. 75 HM Treasury v Ahmed [2010] UKSC 2 Supreme Court Asset freezing; HRA 1998; common law property rights; principle of legality. 76 HK (An Infant), Re [1967] 1 All ER 226 (ICLR) High Court (EWHC QB) Duty to act fairly; disclosure of prejudicial information against a concerned party. 77 HM Advocate v McLean [2009] HCJAC 97 Court of Appeal (ScotHC HCJAC) Right to fair trial; reliance on admissions made by an accused without legal representation. 78 Huang v Secretary of State for the Home Department [2007] UKHL 11 House of Lords Immigration Rules; refusal of leave to remain in UK; Arts 2, 3, 6 and 8 ECHR. 79 Imperial Tobacco v Lord Advocate [2012] UKSC 61 Supreme Court Scottish legislative competence; whether regulation of the sale of tobacco products is a reserved matter. 80 In the Matter of an Application by Francis McGuigan for Judicial Review [2021] UKSC 55 Supreme Court The decision by the Police Service of Northern Ireland that there was not sufficient evidence to warrant an investigation into whether the UK government had authorised torture in Northern Ireland during The Troubles was found not to be an unlawful violation of Articles 2 and 3 ECHR. 81 Jackson & Ors v Her Majesty's Attorney General [2005] UKHL 56 House of Lords Validity of legislation made under the special procedure set out in the Parliament Acts; potential limits to Parliamentary Sovereignty (obiter). 82 JG (Jamaica) v Secretary of State for the Home Department [2015] EWCA Civ 215 Court of Appeal (EWCA Civ) Test for admission of evidence to prove mistake of fact; discretion to depart from Ladd principles in exceptional circumstances. 83 John v Rees [1970] Ch 345 (ICLR) High Court (EWHC Ch) Procedural fairness. 84 Johnstone v Pedlar [1921] UKHL 1 House of Lords Royal prerogative; Act of State. 85 Kenlin v Gardiner [1967] 2 QB 510 (ICLR) High Court (EWHC QB) Self-defence when unlawfully stopped by police. 86 Kennedy v Charity Commission [2014] UKSC 20 Supreme Court Freedom of Information Act 2000; relationship between Human Rights Act 1998 and common law constitutional rights. 87 Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69 Supreme Court Whether the government is required by law to hold a public inquiry into the killing of civilians in Selangor by a Scots Guard patrol; Human Rights Act 1998; proportionality as a standard of review. 88 Kruse v Johnson [1898] 2 QB 91 High Court (EWHC QB) Ultra vires; unreasonableness; indirect discrimination on the basis of class. 89 Ladd v Marshall [1954] 1 WLR 1489 Court of Appeal (EWCA Civ) Test for admission of evidence to prove a mistake of fact. 90 Laker Airways v Department of Trade [1976] EWCA Civ 10 Court of Appeal (EWCA Civ) Ultra vires; prerogative powers. 91 Law v National Greyhound Racing Club [1983] EWCA Civ 6 Court of Appeal (EWCA Civ) Non-amenability of private organisation to judicial review. 92 Lee v Ashers Basking Company Lrd [2018] UKSC 49 Supreme Court Freedom of expression; freedom of thought, conscience and religion; freedom from discrimination on the basis of sexuality; proportionality. 93 Lewis v Chief Constable of South Wales [1990] EWCA Civ 5 Court of Appeal (EWCA Civ) Requirement to provide reasons for arrest. 94 Litster v Forth Dry Dock and Engineering Co Ltd [1988] UKHL 10 House of Lords Requirement to take a purposive approach to the interpretation of EC treaties. 95 Liversidge v Anderson [1941] UKHL 1 House of Lords Civil liberties; separation of powers; emergency powers. 96 Liyanage & Ors v The Queen [1965] UKPC 39 Privy Council Fair trial; fundamental rights; Ceylon Constitution. 97 Lloyd v McMahon [1987] UKHL 5 House of Lords Procedural fairness; right to an oral hearing. 98 Locabail (UK) Ltd v Bayfield Properties Ltd [1999] EWCA Civ 3004 Court of Appeal (EWCA Civ) Procedural fairness; bias. 99 M v Home Office [1983] UKHL 5 House of Lords Rule of law; contempt of court proceedings against a government minister. 100 Macarthys Ltd v Smith (No.2) [1980] EWCA Civ 7 Court of Appeal (EWCA Civ) Equal pay; primacy of European Community law. 101 MacCormick v Lord Advocate [1953] SC 396 Court of Session (ScotCS) Act of Union 1707; royal prerogative. 102 Madzimbamuto v Lardner Burke [1968] UKPC 18 Privy Council Parliamentary sovereignty; status constitutional conventions. 103 Malone v Commissioner of Police of the Metropolis (No.2) [1979] Ch 344 High Court (EWHC Ch) Phone tapping; rule of law; phone tapping permitted on the grounds that there was no law against it. 104 Manchester City Council v Pinnock [2010] UKSC 45 Supreme Court Possession order pursuant to the Housing Act 1996; Article 8 ECHR; Human Rights Act 1998; proportionality. 105 Martin v HM Advocate [2010] UKSC 10 Supreme Court Scottish legislative competence; reserved powers; interpretation of s 29 and schs 4 and 5 Scotland Act 1998. 106 Mercury Communications Ltd v Director General of Telecommunications [1995] UKHL 12 House of Lords Presumptive exclusivity of judicial review; abuse of process of the court. 107 Metropolitan Properties Co (FGC) Ltd v Lannon [1968] EWCA Civ 4 Court of Appeal (EWCA Civ) Natural justice; bias; family relationship. 108 McCarthy & Stone (Developments) Ltd v Richmond upon Thames LBC [1989] UKHL 4 House of Lords Ultra vires; 'necessary implication' of statutory powers. 109 McInnes v Onslow Fane [1978] 1 WLR 1520 (ICLR) High Court (EWHC Ch) Natural justice; distinction between 'forfeiture cases', 'expectation cases', and 'application cases'. 110 McLeod v Commissioner of Police of the Metropolis [1994] EWCA Civ 2 Court of Appeal (EWCA Civ) Police power to enter a premises in order to prevent a breach of the peace. 111 Moohan v Lord Advocate [2014] UKSC 67 Supreme Court Article 3 Protocol 1 ECHR only protected the right to vote in general elections, not referendums. Therefore a ban on prisoners voting in the Scottish independence referendum was lawful. 112 Murray v Ministry of Defence [1988] UKHL 13 House of Lords False imprisonment; procedural fairness; duty to give reasons for arrest; exceptions to this duty. 113 N v Secretary of State for the Home Department [2005] 2 AC 296 Court of Appeal (EWCA) Domestic courts' duty under section 2 HRA. 114 Okpabi v Royal Dutch Shell [2021] UKSC 3 Supreme Court Whether and in what circumstances the UK-domiciled parent company of a multi-national group of companies may owe a common law duty of care to individuals who allegedly suffer serious harm as a result of alleged systemic health, safety and environmental failings of one of its overseas subsidiaries as the operator of a joint venture operation. 115 O'Reilly v Mackman [1983] UKHL 1 House of Lords Natural justice; jurisdictional and non-jurisdictional errors of law; limitations to when declarations or injunctions may be sought outside of the Senior Court Act 1981, s 31. 116 Osborn v Parole Board [2013] UKSC 61 Supreme Court Whether the parole board is required to provide for oral parole hearings; procedural fairness; relationship between common law rights and Human Rights Act 1998. 117 Parliamentary Privilege Act 1770, Re [1958] UKPC 9 Privy Council Parliamentary privilege. 118 Pearlman v Keepers and Governors of Harrow School [1978] EWCA Civ 5 Court of Appeal (EWCA Civ) Jurisdictional and non-jurisdictional errors of law. 119 Pepper (Inspector of Taxes) v Hart [1992] UKHL 3 House of Lords Art 9 Bill of Rights; use of legislative history in statutory interpretation; parliamentary privilege. 120 Pham v Secretary of State for the Home Department [2015] UKSC 19 Supreme Court Lawfulness of deprivation of citizenship which renders an individual stateless; EU Law; ECHR; proportionality. 121 Pickstone v Freemans Plc [1988] UKHL 2 House of Lords Parliamentary privilege; use of legislative history in statutory interpretation. 122 Poshteh v Kensington and Chelsea Royal London Borough Council [2017] UKSC 36 Supreme Court Local authority's duty to provide accommodation; Art 6 ECHR. 123 Prebble v Television New Zealand Ltd [1994] UKPC 4 Privy Council Defamation; parliamentary privilege. 124 Prince's Case [1606] EWHC Ch J6 High Court (EWHC Ch) Bill must receive consent of the Commons, Lords and Monarch in order to become law. 125 Privacy International v Secretary of State for Foreign and Commonwealth Affairs [2021] EWCA Civ 330 Court of Appeal (EWCA Civ) Lawfulness of policy authorising the security services to run undercover agents who engage in criminal activity; closed material procedures. 126 Proclamations, Case of [1610] EWHC KB J22 High Court (EWHC KB) Limits of the Royal Prerogative. 127 Prohibitions del Roy [1607] EWHC KB J23 High Court (EWHC KB) Parliamentary sovereignty; rule of law. 128 R (A) v Croydon LBC [2009] 1 WLR 2557 Supreme Court Mistake of fact in the determination of an issue that admits of a right or wrong answer. 129 R (AB) v Secretary of State for Justice [2021] UKSC 28 Supreme Court Whether the Court of Appeal erred (i) in its approach to international materials and (ii) by failing to apply a ‘strict necessity’ test when determining whether the Respondent’s treatment of the Appellant during his detention breached Article 3 of the European Convention on Human Rights. 130 R (Adams) v Secretary of State for Justice [2011] UKSC 18 Supreme Court Meaning of 'miscarriage of justice' for the purposes of Article 14(6) of the International Covenant on Civil and Political Rights 1966; Section 133 of the Criminal Justice Act 1988. 131 R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions [2001] UKHL 23 House of Lords Domestic courts' duty under section 2 HRA. 132 R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15 House of Lords Freedom of speech; Article 10 ECHR; blanket ban on political advertising. 133 R (Anufrijeva) v Secretary of State for the Home Department [2004] 1 AC 604 House of Lords The right to be heard; the right to know the case against oneself. 134 R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2016] UKSC 35 Supreme Court Removal and resettlement of persons from the Chagos Islands; procedural fairness. (On appeal from an earlier decision of the House of Lords [2008] UKHL 61) 135 R (Begum) v Secretary of State for the Home Department [2021] UKSC 7 Supreme Court The decision to deprive Shamima Begum of British citizenship held to be lawful. 136 R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin) High Court (EWHC Admin) The use of Automated Facial Recognition Technology was held not to be in violation of data protection and equality legislation. 137 R (Bourgass) v Secretary of State for Justice [2015] UKSC 54 Supreme Court Solitary confinement; procedural fairness; Art 6 ECHR. 138 R (Bradley) v Secretary of State for Work and Pensions [2008] EWCA Civ 36 Court of Appeal (EWCA Civ) Role of Ombudsman; no legal obligation on government to accept the findings of an Ombudsman. 139 R (Carlile) v Secretary of State for the Home Department [2014] UKSC 60 Supreme Court Freedom of assembly; freedom of expression; Arts 10 and 11 ECHR; foreign relations; proportionality. 140 R (Cart) v Upper Tribunal [2011] UKSC 28 Supreme Court Parliamentary sovereignty; rule of law; interpretive role of the courts. 141 R (Chester) v Secretary of State for Justice [2013] UKSC 63 Supreme Court Prisoner voting; A3P1 ECHR; HRA 1998. 142 R (Child Poverty Action Group) v Secretary of State for Work and Pensions [2010] UKSC 54 Supreme Court Right of the Secretary of State to recover overpaid social security benefits. 143 R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60 House of Lords Whether the respondent's decision to discontinue a criminal investigation, on grounds that it might impact on the UK's relationship with Saudi Arabia, was unlawful; discretionary decision-making powers. 144 R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 Supreme Court Are contracting states required by Article 8 and Article 14 ECHR to include a non-gendered option on passport application forms? 145 R (Evans) v Attorney General [2015] UKSC 21 Supreme Court The principle of legality; Freedom of Information Act 2000. 146 R (F) v Secretary of State for the Home Department [2010] UKSC 17 Supreme Court Respect to private life; Art 8 ECHR; indefinite inclusion on sex offenders register. 147 R (Gardner and Harris) v Secretary of State for Health and Social Care [2022] EWHC 967 (Admin) High Court (EWHC Admin) Discharge of patients from hospital to care homes during Covid-19 pandemic was unlawful; failure to take relevant considerations into account; irrationality. 148 R (Gillan) v Commissioner of Police for the Metropolis [2006] UKHL 12 House of Lords Stop and search powers; Terrorism Act 2000; Arts 5, 8, 10 and 11 ECHR; rule of law. 149 R (Hallam) v Secretary of State for Justice [2019] UKSC 2 Supreme Court Section 2 HRA; The 'Mirror Principle'; Article 6 ECHR. 150 R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56 Supreme Court The policy under which migrants that had entered the country illegally were detained pending removal lacked adequate certainty and predictability, and was therefore unlawful. 151 R (Hicks) v Commissioner of Police of the Metropolis [2017] UKSC 9;
[2014] EWCA Civ 3Supreme Court Policing of protest; Art 5 ECHR. 152 R (Hillingdon London Borough Council) v Lord Chancellor (Law Society intervening) [2008] EWHC 2683 (Admin) High Court (EWHC Admin) Challenge to the lawfulness of the increase in court fees for public law child care applications and placement order applications; the requirement of prior consultation irrationality; relevant considerations. 153 R (HS2) v Secretary of State for Transport [2014] UKSC 3 Supreme Court Challenge to lawfulness of HS2 plan; relationship between EU law and domestic law; constitutional statutes; common law constitution. 154 R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) High Court (EWHC Admin) Statutory requirement that landlords check the immigration status of prospective tenants, and the creation of criminal offence of knowingly leasing a property to a disqualified person, were declared incompatible with Article 8 (private and family life) and Article 14 (prohibition on discrimination) of the ECHR and s. 149 of the Equality Act 2010. 155 R (JZ) v Secretary of State for the Home Department [2022] EWHC 771 (Admin) High Court (EWHC Admin) Failure of public bodies to comply with declaratory orders. 156 R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55 House of Lords Policing of protest; common law power to prevent future breach of the peace; freedom of expression and assembly. 157 R (Litvinenko) v Secretary of State for the Home Department [2014] EWHC 194 (Admin) High Court (EWHC Admin) Challenge to refusal of the Home Secretary to set up a statutory inquiry; irrationality; public interest. 158 R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12 Supreme Court Rule of law; governmental refusal to honour a stated policy; legitimate expectations. 159 R (Miller) v Prime Minister and Cherry v Advocate General for Scotland [2019] UKSC 41 Supreme Court Challenge to the lawfulness of the Prime Minister's decision to prorogue Parliament. 160 R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 Supreme Court Whether the respondent the decision to trigger Article 50 TFEU falls under the prerogative power, or whether statutory authority is required. 161 R (Miranda) v Secretary of State for the Home Department [2016] EWCA Civ 6 Court of Appeal (EWCA Civ) Detention at an airport pursuant to the Terrorism Act 2000; Article 10 ECHR. 162 R (Nicklinson) v Ministry of Justice [2014] UKSC 38 Supreme Court Assisted dying; Article 8 ECHR; section 4 HRA. 163 R (on the application of O (a minor, by her litigation friend AO)) v Secretary of State for the Home Department [2022] UKSC 3 Supreme Court Can the Secretary of State lawfully make the exercise of a child’s right to be registered as a British citizen conditional on their payment of a fee of £1,012? 164 R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 Supreme Court Closed material procedures; open justice; principle of legality. 165 R (ProLife Alliance) v BBC [2003] UKHL 23 House of Lords Restrictions on party political broadcasting; freedom of expression; Art 10 ECHR. 166 R (Public Law Project) v Lord Chancellor [2016] UKSC 39 Supreme Court Challenge to residence test for civil legal aid; ultra vires. 167 R (Purdy) v DPP [2009] UKHL 45 House of Lords Assisted dying; unclear policy around the application of section 2(1) Suicide Act 1961; Art 8 ECHR. 168 Re S (Children) (Care Order: Implementation of Care Plan) [2002] UKHL 10 House of Lords Duty of local authorities to care for children while a care order is in force; section 3 HRA 1998. 169 R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 Supreme Court Challenge to the cap on the individual element of child tax credits; HRA 1998. 170 R (Steinfeld) v Secretary of State for the International Development [2018] UKSC 32 Supreme Court Bar on same-sex couples entering civil partnerships declared incompatible with Art 8 ECHR. 171 R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 Supreme Court Right to education; denial of a student loan to a student who had been denied indefinite right to remain in the UK. 172 R (TT) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) High Court (EWHC Fam) Held that a trans man could not be registered as the father of a baby that he had given birth to, even though he was legally recognised as a man, and must be registered as the baby's mother on its birth certificate. 173 R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 Supreme Court Whether subordinate legislation was ultra vires because it set the fee for the exercise by a child or young person of the right to be registered as a British citizen at a level which many young applicants have found to be unaffordable. 174 R (Ullah) v Special Adjudicator [2004] UKHL 26 House of Lords Section 2 HRA; The 'Mirror Principle'. 175 R (UNISON) v Lord Chancellor [2017] UKSC 51 Supreme Court Principle of legality; common law right of access to the courts; challenge to the lawfulness of employment tribunal fees. 176 R (WL (Congo)) v Secretary of State for the Home Department [2011] UKSC 12 Supreme Court Immigration policy; unlawful detention. 177 R v Army Board of Defence Council, ex p. Anderson [1992] QB 169 (ICLR) High Court (EWHC QB) Procedural fairness; oral hearing. 178 R v Board of Visitors of Hull Prison, ex p. St. Germain & Ors (No. 2) [1979] 1 WLR 1401 High Court (EWHC QB) Rules of natural justice; non-applicability where decision maker is acting in a disciplinary manner. 179 R v Board of Visitors of the Maze Prison, ex p. Hone [1987] UKHL 9 House of Lords Natural justice; whether there is a right to choose a legal representative. 180 R v Bow Street Metropolitan Stipendiary Magistrate, ex p. Pinochet Ugarte (No 2) [1999] UKHL 1 House of Lords Natural justice; bias; disqualification of a decision-maker where a decision would lead to promotion of a cause in which decision-maker is involved. 181 R v Cambridge Health Authority, ex p. B (No.1) [1995] EWCA Civ 49 Court of Appeal (EWCA Civ) Health authority refusal to allocate funding for bone-marrow treatment; imitations on the judicial role; polycentricity. 182 R v Chief Constable of North Wales, ex p. Evans [1982] UKHL 10 House of Lords Mandamus as a discretionary remedy. 183 R v Chief Constable of the West Midlands, ex p. Wiley [1994] UKHL 8 House of Lords Public interest immunity cannot be waived once the court has determined that the public interest against disclosure outweighs the public interest in disclosure. 184 R v Coventry City Council, ex p. Phoenix Aviation [1995] EWHC Admin 1 High Court (EWHC QB) Standing rules. 185 R v Criminal Injuries Compensation Board Ex p. P [1994] EWCA Civ 34 Court of Appeal (EWCA Civ) Jurisdiction of the court; prerogative powers; polycentricity. 186 R v Criminal Injuries Compensation Board, ex p. Lain [1967] 2 QB 864 (ICLR) High Court (EWHC QB) Quashing orders and prohibiting orders are available against institutions or persons acting under prerogative powers. 187 R v Dairy Produce Quota Tribunal for England and Wales, Ex p. Caswell [1990] UKHL 5 House of Lords Procedural fairness; entitlement to the reasons for a decision. 188 R v Devon County Council ex p. Baker [1992] EWCA Civ 16 Court of Appeal (EWCA Civ) Natural justice; legitimate expectations. 189 R v Disciplinary Committee of the Jockey Club, ex p. The Aga Khan [1992] EWCA Civ 7 Court of Appeal (EWCA Civ) Judicial review of regulatory bodies. 190 R v Gaming Board for Great Britain, ex p. Benaim [1970] EWCA Civ 7 Court of Appeal (EWCA Civ) Natural justice. 191 R v Gough (Robert) [1993] UKHL 1 House of Lords Right to a fair trial; proper test for bias in cases involving a jury. 192 R v Halliday [1917] AC 260 House of Lords Substantive ultra vires; liberal statutory construction during wartime. 193 R v Higher Education Funding Council, ex p. Institute of Dental Surgery [1993] EWHC Admin 5 High Court (EWHC Admin) Error of law. 194 R v Hillingdon LBC, ex p. Puhlhofer [1986] UKHL 1 House of Lords Meaning of 'accommodation' for the purposes of Housing (Homeless Persons) Act 1977. 195 R v Hillingdon LBC, Ex p. Royco Homes Ltd [1974] QB 720 High Court (EWHC QB) Wednesbury unreasonableness. 196 R v HM Treasury, ex p. Smedley [1984] EWCA Civ 7 Court of Appeal (EWCA Civ) Abuse of discretion; improper purpose. 197 R v Horncastle [2009] UKSC 14 Supreme Court Right to a fair trial; Art 6 ECHR; section 2 HRA; exceptions to the 'mirror principle'. 198 R v Inland Revenue Commissioners, ex p. National Federation of Self Employed and Small Businesses Ltd [1981] UKHL 2 House of Lords Sufficiency of interest test for standing. 199 R v Inland Revenue Commissioners, ex p. Preston [1984] UKHL 5 House of Lords Error of fact leading to unfairness. 200 R v Inland Revenue Commissioners, ex p. Rossminster Ltd [1979] UKHL 5 House of Lords Burden of proof in ultra vires claim; presumption that revenue officers aced intra vires. 201 R v Lewisham LBC, ex p. Shell UK [1988] 1 All ER 938 High Court (EWHC Divisional) Judicial review of procurement decisions. 202 R v Lord President of the Privy Council, ex p. Page [1992] UKHL 12 House of Lords Whether a decision of the Visitor of a university is judicially reviewable on grounds of error of law. 203 R v Medical Appeal Tribunal, ex p. Gilmore [1957] EWCA Civ 1 Court of Appeal (EWCA Civ) Error of law; certiorari. 204 R v Minister of Agriculture and Fisheries Ex p. Padfield [1968] UKHL 1 House of Lords Improper purpose; irrelevant considerations. 205 R v Ministry of Defence, ex p. Smith [1995] EWCA Civ 22 Court of Appeal (EWCA Civ) Unreasonableness/irrationality. 206 R v Monopolies and Mergers Commission, ex p. Argyll Group Plc [1986] EWCA Civ 8 Court of Appeal (EWCA Civ) Error of law; ultra vires. 207 R v Northumberland Compensation Appeal Tribunal, ex p. Shaw [1951] EWCA Civ 1 Court of Appeal (EWCA Civ) Error of law within jurisdiction; certiorari. 208 R v Panel on Take-overs and Mergers, ex p. Datafin Plc [1986] EWCA Civ 8 Court of Appeal (EWCA Civ) Judicial review of regulatory bodies. 209 R v Parliamentary Commissioner for Administration, ex p. Dyer [1993] EWHC Admin 3 High Court (EWHC Admin) Judicial review of decisions of Parliamentary Commissioner for Administration; broad discretion given to PCA in ss. 5(5) and 7(2) of the Parliamentary Commissioner Act 1967. 210 R v R [1991] UKHL 12 House of Lords Marital rape. 211 R v Secretary of State for Employment, ex p. Equal Opportunities Commission [1994] UKHL 2 House of Lords Public interest challenge; standing; 212 R v Secretary of State for Foreign and Commonwealth Affairs, ex p. Everett [1988] EWCA Civ 7 Court of Appeal (EWCA Civ) Duty to give reasons. 213 R v Secretary of State for Foreign and Commonwealth Affairs, ex p. Lord Rees-Mogg [1993] EWHC Admin 4 High Court (EWHC Admin) Public interest challenge; standing. 214 R v Secretary of State for Foreign and Commonwealth Affairs, ex p. World Development Movement [1994] EWHC Admin 1 High Court (EWHC Admin) Improper purpose; relevant and irrelevant considerations; challenge to ministerial decision to grant aid to fund Pergau dam; public interest challenge. 215 R v Secretary of State for Health, ex p. United States Tobacco International Inc [1992] QB 353 (ICLR) High Court (EWHC QB) Legitimate expectations; right to be heard. 216 R v Secretary of State for Social Security, ex p. Joint Council for the Welfare of Immigrants [1996] EWCA Civ 1293 Court of Appeal (EWCA Civ) Substantive ultra vires 217 R v Secretary of State for the Environment, ex p. Hammersmith and Fulham LB [1991] UKHL 3 House of Lords Challenge to expenditure limits placed on local authorities; court will interfere on grounds of unreasonableness only where the limits amount to an abuse of power by the Secretary. (Endorsing ex p. Nottinghamshire County Council [1985] UKHL 8.) 218 R v Secretary of State for the Environment, ex p. Nottinghamshire County Council [1985] UKHL 8 House of Lords Challenge to expenditure limits placed on local authorities; court will interfere on grounds of unreasonableness only where the limits amount to an abuse of power by the Secretary. 219 R v Secretary of State for the Environment, ex p. Ostler [1976] EWCA Civ 6 Court of Appeal (EWCA Civ) Error of fact; error of law; statutory time limit on judicial review applications. 220 R v Secretary of State for the Environment, ex p. Rose Theatre Trust Co (No.2) [1990] QB 504 (ICLR) High Court (EWHC QB) Public interest challenge; standing. 221 R v Secretary of State for the Home Department, ex parte Anderson [2002] UKHL 46 House of Lords Home Secretary's power to fix tariffs for persons convicted of murder; Art 6 ECHR; section 4 HRA 1998. 222 R v Secretary of State for the Home Department, ex p. Bentley [1993] EWHC Admin 2 High Court (EWHC Admin) Previewability of the prerogative of mercy. 223 R v Secretary of State for the Home Department, ex p. Benwell [1985] QB 554 (ICLR) High Court (EWHC QB) Natural justice in the employment context. 224 R v Secretary of State for the Home Department, ex p. Brind [1991] UKHL 4 House of Lords Rationality; freedom of expression; greater intensity of review of discretionary power where fundamental rights are impinged upon. 225 R v Secretary of State for the Home Department, ex p. Cheblak [1991] 1 WLR 890 (ICLR) Court of Appeal (EWCA) Lawfulness of detention; whether judicial review or habeas corpus should be used. 226 R v Secretary of State for the Home Department, ex p. Doody [1993] UKHL 8 House of Lords Procedural rights; duty to give reasons. 227 R v Secretary of State for the Home Department, ex p. Fire Brigades Union [1995] UKHL 3 House of Lords Ministerial prerogative powers; use of prerogative to frustrate statute. 228 R v Secretary of State for the Home Department, ex p. Khan [1984] EWCA Civ 8 Court of Appeal (EWCA Civ) Legitimate expectations; right to be consulted. 229 R v Secretary of State for the Home Department, ex p. Khawaja [1984] AC 74 House of Lords Mistake of fact; standard of proof for mistake of fact. 230 R v Secretary of State for the Home Department, ex p. Leech (No. 2) [1994] QB 198 High Court (EWHC QB) Principle of legality; Prison Rules; right to confidential correspondence between prisoner and solicitor. 231 R v Secretary of State for the Home Department, ex p. Northumbria Police Authority [1987] EWCA Civ 5 Court of Appeal (EWCA Civ) Prerogative powers; preservation of the peace. 232 R v Secretary of State for the Home Department, ex p. Oladehinde [1989] UKHL 3 House of Lords Ministerial decision-making authority can be conferred on departmental officials in accordance with departmental practice; Carltona principle. 233 R v Secretary of State for the Home Department, ex p Pierson [1997] UKHL 37 House of Lords Home Secretary's power to fix tariffs for persons convicted of murder; principle of legality; common law principle of non-aggravation of punishment. 234 R v Secretary of State for the Home Department, ex p Simms [1999] UKHL 33 House of Lords Freedom of Information Act 2000; decision of Attorney General to overturn a decision of the Upper Tribunal; principle of legality. 235 R v Secretary of State for Transport, ex p. Factortame Ltd (No.1) [1989] UKHL 1 House of Lords Supremacy of EC law; clash between EC law and primary legislation. 236 R v Secretary of State for Transport, ex p. Factortame Ltd (No.2) [1990] UKHL 13 House of Lords European Communities Act 1972; supremacy of EC law; parliamentary sovereignty; disapplication of statutory provisions because of clash with EC law. 237 R v Secretary of State for Transport, ex p. Richmond upon Thames LBC (No.1) [1993] EWHC Admin 1 High Court (EWHC Admin) Legitimate expectations. 238 R v Sheer Metalcraft Ltd [1954] 1 QB 586 (ICLR) High Court (EWHC QB) Validity of secondary legislation where certain sections have not yet been issued. 239 R v Somerset CC, ex p. Fewings [1995] EWCA Civ 24 Court of Appeal (EWCA Civ) Prerogative power; common law discretionary power; powers of the Crown. 240 Racal Communications Ltd; Re [1980] UKHL 5 House of Lords Right to pursue a trade; scope of declarations as a remedy in judicial review. 241 Raymond v Honey [1981] UKHL 1 House of Lords A prisoner retains all rights that are not expressly taken away by legislation. 242 Recovery of Medical Costs for Asbestos Diseases (Wales) Bill – Reference by the Counsel General for Wales [2015] UKSC 3 Supreme Court Legislative competence of the Welsh Assembly; Government of Wales Act 2006; A1P1 ECHR. 243 Reference Re EU (Legal Continuity) Bill [2018] UKSC 64 Supreme Court Whether the Scottish Parliament has the power to legislate for the continuity of laws relating to devolved matters in Scotland which are now the subject of EU law but which will cease to have effect after the UK withdraws from the EU. 244 Reference re UNCRC Bill [2021] UKSC 42 Supreme Court Whether section of the UNCRC Bill would affect the power of Parliament to make laws for Scotland, thereby modifying section 28(7) of the Scotland Act 1998, in breach of the limitation on the Scottish Parliament’s competence imposed by section 29(2)(c) of that Act. 245 Ripon (Highfield) Housing Confirmation Order 1938; Re [1939] 2 KB 838 (ICLR) High Court (EWHC KB) Error of fact; compulsory purchase orders. 246 Robertson v Minister of Pensions [1948] 2 All ER 767 (ICLR) High Court (EWHC KB) Legitimate expectations; the Jurisdictional Principle. 247 Rost v Edwards [1990] 2 QB 460 (ICLR) High Court (EWHC QB) Parliamentary privilege; libel. 248 Rowling v Takaro Properties Ltd [1987] UKPC 2 Privy Council Negligence; justiciability. 249 Roy v Kensington and Chelsea and Westminster Family Practitioner Committee [1991] UKHL 8 House of Lords Cross examination in judicial review proceedings; private rights. 250 S (Minors), Re (Care Order: Implementation of Care Plan) [2002] UKHL 10 House of Lords Section 3 Human Rights Act 1998; Children Act 1989; care orders. 251 Schmidt v Secretary of State for Home Affairs [1968] EWCA Civ 1 Court of Appeal (EWCA Civ) Natural justice; legitimate expectations. 252 Scotch Whisky Association v Lord Advocate [2017] UKSC 76 Supreme Court Minimum pricing requirements on alcohol were held not to be a violation of Article 36 TFEU. These were justified as a reasonable, legitimate and proportionate restriction on the free movement of goods. [2017] UKSC 76 Supreme Court Minimum pricing requirements on alcohol; Article 36 TFEU; reasonable, legitimate and proportionate restriction on the free movement of goods. 253 Secretary of State for Education and Science v Tameside MBC [1976] UKHL 6 House of Lords Mistake of fact; decision made on foot of factual assumptions that are claimed to have been mistaken. 254 Secretary of State for the Home Department v AE [2008] EWHC 132 (Admin) High Court (EWHC Admin) Closed material procedures; natural justice. 255 Secretary of State for the Home Department v AF (No.3) [2009] UKHL 28 House of Lords Lawfulness of Control Orders; Art 6 ECHR; HRA 1998; closed material procedures; natural justice. 256 Secretary of State for Justice v MM [2018] UKSC 60 Supreme Court Indefinite detention under the Mental Health Act 1983; deprivation of liberty; Article 5; common law rights. 257 Shindler v Chancellor of the Duchy of Lancaster [2016] EWCA Civ 469 Court of Appeal (EWCA Civ) Exclusion of UK citizens abroad from the franchise for the Brexit referendum; EU Referendum Act 2015; Art 50 TFEU. 258 Siobhan McLaughlin, Re [2018] UKSC 48 Supreme Court Discrimination against non-married parents in the administration of Widowed parent's allowance; Art 14 ECHR; Art 8 ECHR; A1P1 ECHR. 259 Smith (Kathleen Rose) v East Elloe Rural DC [1956] UKHL 2 House of Lords Mistake of law; statutory review. 260 Smith v Scott [2007] CSIH 9 Court of Appeal (ScotCS Registration Appeal Court) Blanket ban on prisoner voting declared incompatible with Art 3 of Protocol 1 ECHR. 261 Somersett's Case (Somerset v Stewart) [1772] EngR 57; (1772) 20 St Tr 1 High Court (EWHC KB) The right of an enslaved person not to be forcibly removed from England to Jamaica for sale. 262 Stockdale v Hansard [1839] EWHC QB J21 High Court (EWHC QB) Parliamentary privilege. 263 Stovin v Wise [1996] UKHL 15 House of Lords Negligence; justiciability; duty of care. 264 The King & Anor v Countess of Arundel & Anor [1616] EWHC Ch J11 High Court (EWHC Ch) Enrolled bill rule. 265 Town Investments Ltd v Department of the Environment [1977] UKHL 2 House of Lords Contractual capacity of Ministers of the Crown. 266 Vauxhall Estates Ltd v Liverpool Corp [1932] 1 KB 733 (ICLR) High Court (EWHC KB) Principle of implied repeal. 267 Walters v WH Smith & Son Ltd [1914] 1 KB 595 High Court (EWHC KB) Private arrest; false imprisonment. 268 Walton v Scottish Ministers [2012] UKSC 44 Supreme Court Standing; citizen action. 269 Wandsworth LBC v Winder (No.1) [1984] UKHL 2 House of Lords Challenge to lawfulness of local authority decision outside the usual judicial review process; private rights exception. 270 Webb v EMO Air Cargo (UK) Ltd (No.2) [1995] UKHL 13 House of Lords Reading of domestic law in light of EU directives in the event of inconsistency between the two. 271 Western Fish Products Ltd v Penwith DC [1978] EWCA Civ 6 Court of Appeal (EWCA Civ) Legitimate expectations; no legitimate expectation where a representation conflicts with statute. 272 Wheeler v Leicester City Council [1985] UKHL 6 House of Lords Improper purpose. 273 Wilkes v Wood [1763] EWHC CP J95 High Court (EWHC Common Pleas) Rule of law; property rights; unlawful search. 274 Wilson v Independent Broadcasting Authority (No.2) 1988 SLT 276 Court of Session (ScotCS) Political broadcasting; statutory requirement that broadcasters retain political balance; standing; sufficient interest test. 275 X (Minors) v Bedfordshire County Council [1995] UKHL 9 House of Lords Principles governing the existence of a private right of action for breach of statutory duty. 276 X v Scottish Ministers [2007] CSIH 45 Court of Session (ScotCS CSIH) Transfer of functions from ministers of the Crown to Scottish ministers; certain functions remain exercisable by both. 277 Yemshaw v Hounslow London BC [2011] UKSC 3 Supreme Court Definition of 'violence' for the purposes of the Housing Act 1996; duties of local authorities towards homeless persons. 278 YL v Birmingham City Council [2007] UKHL 27 House of Lords Termination of provision of residential care; Art 8 ECHR; whether local authority was exercising a 'governmental' function,