References: [2014] RTR 19, [2014] WLR(D) 33, (2014) 178 JP 285, [2014] EWHC 587 (Admin), [2014] 1 WLR 4279
Links: Bailii, WLRD
Coram: Pitchford LJ, Cranston
Ratio: The defendant appealed from his conviction for having driven in excess of a variable speed limit on the motorway. He said that the Order under which the speed limit had been imposed was irregular.
Statutes: Road Traffic Regulation Act 1984 14, M62 Motorway (Junction 25 to Junction 30) (Temporary Restriction and Prohibition of Traffic) Order 2011, Road Traffic (Temporary Restrictions) Procedure Regulations 1992 3
This case cites:
- Cited – Carltona Ltd v Commissioners of Works CA ([1943] 2 All ER 560)
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . . - Cited – Lewisham Borough Council v Roberts CA ([1949] 2 KB 608)
The council sought to exercise its powers under the Act to take possession of part of the defendant’s property.
Held: Denning LJ said: ‘It is necessary to consider the nature of the power to requisition land. It is only a power to take . . - Cited – Regina v Secretary of State for the Home Department ex parte Oladehinde HL ([1991] 1 AC 254, Bailii, [1989] UKHL 3, Bailii, [1990] UKHL 11, [1990] 3 All ER 393, (1991) 3 Admin LR 393, [1990] 3 WLR 797, (1991) 3 Admin LR 393,)
A decision at Senior Executive Officer level was accepted as appropriate in a deportation case. There was an express form of delegation, and acts of the immigration officers required to be regarded as the acts of the Home Secretary.
Lord . . - Cited – Regina v Secretary of State for Social Security ex parte Sherwin (a Patient By Her Next Friend Sherwin) Admn (CO/1724/95, (1996) 32 BMLR 1)
An official in the Benefits Agency, part of the Department of Health and Social Security, suspended an income support/severe disability premium payable to the appellant. The court was asked whether the decision of the Agency, made under the . .
(This list may be incomplete)
This case is cited by:
- Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC (Bailii, [2015] UKSC 54, [2015] 3 WLR 457, [2016] AC 384, Bailii Summary, UKSC 2013/0230, SC, SC Summary)
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . . - Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC (Bailii, [2015] UKSC 54, [2015] 3 WLR 457, [2016] AC 384, Bailii Summary, UKSC 2013/0230, SC, SC Summary)
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
(This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 31-Jul-17
Ref: 522554
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