Court refuses claims against the Crown by Afghan nationals who aided British Forces in Afghanistan
K & Ors, R (On the Application Of) v Secretary of State for Defence & Ors [2014] EWHC 3023 (Admin)
The 3 claimants were Afghan nationals and each provided intelligence to the British Forces in Afghanistan. They claim that as a result they are now at risk from retributive attacks from the Taliban and were suing the Crown. The claimants sought interim relief, specifically that the British Forces provide them with secure accommodation and associated […]
Court dismisses Badger Trust’s challenge against unmonitored badger culling
R (Badger Trust) v The Secretary of State for Environment, Food and Rural Affairs & Anor [2014] EWHC 2909 (Admin)
The claimants, Badger Trust, sought to challenge the decision of the Secretary of State to continue, for a second season, the culling of badgers by controlled shooting in two pilot areas without the programme being overseen by an Independent Expert Panel (IEP). The previous cull by controlled shooting was monitored by an IEP. The claimant’s […]
Court held that a local authority was entitled when exercising its appropriation power to seek to strike a balance between comparative public needs
The Court considered the legality of exercise of powers to appropriate open land for educational use under the Local Government Act 1972, s 122(1). Held: following authority, whether land is no longer required for a particular purpose, meaning no longer needed in the public interest for that purpose, is a question for the local authority, […]
Court finds 2-year residence requirement imposed by council to qualify for reduced council tax is unlawful
Winder & Ors, R (on the application of) v Sandwell MBC [2014] EWHC 2617 (Admin)
The claimants brought a claim arguing the 2-year residence requirement imposed by the defendant council as part of the criteria for the Council Tax Reduction Scheme was unlawful. Following the abolition of Council Tax Benefit in April 2013, the defendant council introduced a new scheme offering a reduced liability to pay council tax where the […]
Court sets aside warrant as not all material facts were disclosed during application
Mills & Anor, R (on the application of) v Sussex Police & Anor [2014] EWHC 2523 (Admin)
The claimants sought an order setting aside a warrant that was used to search their premises and seize a number of items. The Court accepted that when the police made their ex parte application to the Crown Court they had failed to disclose a number of material facts. However, the Court could not be satisfied […]