ICLR Case Reports and Summaries - last 7 days

PLANNING — Development — Permitted development — Prior approval of proposed development quashed following successful judicial review claim and application remitted for redetermination — Whether deemed consent rule applying to enable applicant to begin development as if no decision on prior approval made — Legal implications of quashing order — Human Rights Act 1998 (c 42), Sch 1...

EDUCATION — School — Exclusion — Child with complex special educational needs and disabilities permanently excluded from school for breach of school’s behaviour policy — School giving no explanation why permanent exclusion necessary or proportionate — Governors’ disciplinary panel deciding not to reinstate child — Whether school and governors’ disciplinary panel required to asse...

COSTS — Order for costs — Protective costs order — Rural Payments Agency refusing claimant farmer’s claim as stint-holder for sustainable farming subsidy under single payment scheme — Claimant seeking judicial review of minister’s decision dismissing his appeal against agency’s decision — Claimant applying for protective costs order — Whether “Aarhus Convention claim” alleging c...

DATA PROTECTION — Personal data — Processing — Claimant recalled to prison for breach of licence conditions — Licence later conceded to have included unlawfully imposed conditions — Whether inclusion of partly unlawful licence and related documents in file prepared for and used by Parole Board breaching principles of data protection — Whether processing of personal data for law ...

JUDGMENT — Action to set aside — Fraudulently obtained judgment — Claimants seeking to have judgment in favour of defendants set aside as having been obtained by fraud of one of defendants — Whether permissible to set aside fraudulently obtained judgment as against non-fraudulent party to original proceedings — Whether tests for setting aside impugned judgment to be met for each...