Index for "Chapter 2"
‘…(W)here an apparently sensible appeal
structure has been put in place, the court is
entitled to approach the matter on the basis that
the parties should have been taken have agreed to
accept wha...
The existence of a contractual relationship is
not inconsistent with judicial review. Per Stanley
Burnton J in Mullins, R (on the application of) v
The Jockey Club
[2005] EWHC 2197 (Admin). Local auth...
Under
the Higher Education Act 2004 the Office of the
Independent Adjudicator for Higher Education (OIA)
has been designated the body responsible for
dealing with student complaints. The purpose of
th...
Psychiatric hospitals when exercising their
powers of compulsory detention under the
Mental Health Act 1983 are public authorities
under the Human Rights Act: R (A) v Partnerships in
Care Ltd [2002] E...
Section 6 of the
Human Rights Act 1998 is intended to give
effective domestic protection to convention rights
as defined in and scheduled to the 1998 Act. It is
accordingly appropriate to give a gener...
"I think that the courts must be slow to
allow an implied obligation to be fair to be used
as a means of bringing before the court for review
honest decisions of bodies exercising jurisdiction
over...
It is suggested that the following dictum of
Treacy J in Robinson v Abergavenny Magistrates'
Court
[2007] EWHC 2005 (Admin) should be regarded as
of equal application to disciplinary proceedings,
exce...