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House of Commons Hansard
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Government Departments: Judicial Review
29 March 2010
Volume 508
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To ask the Solicitor-General with reference to the answer to the right hon. Member for Horsham of 1 March 2009, Official Report, column 943W, on Government departments: judicial review, in respect of what cases each Department was a first defendant and the judicial review was granted following a substantive hearing between 2007 and 2009. [323694]

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The cases where challenges by way of judicial review were upheld against Government Departments following substantive hearings, as set out in the answer to the right hon. Member for Horsham (Mr. Maude) of 1 March 2010, are as follows:

2007

Secretary of State for Defence

Challenge against orders of Secretary of State “stopping up” two footpaths and setting out replacement routes;

Secretary of State for Home Department (SSHD)

Challenge to removal directions set by SSHD;

SSHD

Challenge against decision of SSHD to detain claimant following his release on bail;

Secretary of State for Justice (SSJ)

Challenge to decision to revoke licence and take claimant back into custody;

SSJ

Challenge against effects of Training Centre (Amendment) Rules 2007;

SSJ

Challenge against decision of Governor to handcuff prisoner while attending hospital for treatment;

SSJ

Challenge regarding failure to move prisoner to open prison following Parole Board decision;

Secretary of State for Communities and Local Government (SSCLG)

Challenge against decision to allow appeals against dismissal of 2 Fire Officers pursuant to the Fire Services (Discipline) Regulations 1985;

SSGLG

Challenge against decision to dismiss an appeal against a determination made under the Local Authority Business Growth Incentive Scheme (LABGIS);

SSCLG

Challenge against decision of Defendant to refuse to retrospectively review the claimant's one year grant under the LABGIS;

Secretary of State for Trade and Industry (SSTI)

Challenge to decision announced in July 2006 Energy Review Report deciding to support nuclear new build;

SSTI

Challenge to October 2005 decision transposing into domestic law provisions of the Equal Treatment Amending Directive (CB2002/73EC);

Secretary of State for Work and Pensions

Challenge to Defendant's decision confirming overpayment of income support.

2008

DEFRA

Challenge against approach taken and policy adopted by the Secretary of State for the Environment, Food and Rural Affairs to the control of the use of pesticides in crop spraying;

HMCS

Challenge against defendant's decision to issue a warrant of commitment to prison for a term of 1,190 days;

SSHD

Challenge to decision of SSHD not to treat further representations of claimant as a fresh claim pursuant to paragraph 353 of the Immigration Rules;

SSHD

Challenge of decision of SSHD informing claimant that she had no basis to stay in UK following refusal of her application for leave to remain;

SSHD

Challenge to decision of SSHD not to treat further representations of claimant as a fresh claim pursuant to paragraph 353 of the Immigration Rules;

SSHD

Challenge to decision of SSHD to continue to detain the claimant pending ongoing arrangements being made for his removal;

SSHD

Challenge to decision of SSHD not to treat further representations of claimant as a fresh claim pursuant to paragraph 353 of the Immigration Rules;

SSJ

Challenge regarding failure to move prisoner to open prison following Parole Board decision;

SSJ

Challenge by category A prisoner serving life sentence against decision not to re-categorise him to category B;

SSCLG

Challenge against various decisions of Planning Inspector ordering council to pay an interested party's costs of pursuing her planning appeals;

SSCLG

Challenge against decision of Planning Inspector dismissing an application for costs on appeal under section 78 of the Town and Country Planning Act 1990.

SSTI

Challenge of decision of Inspector to exclude certain evidence in respect of an application by the National Grid for wayleaves over the land of the claimant.

2009

SSHD

Challenge against decision of SSHD refusing claimant leave to remain in the country;

SSHD

Challenge against decisions of SSHD to: (i) remove the claimant from the country while he still had a valid appeal pending; (ii) to revoke his residence permit; and (iii) to arrest and detain him;

SSHD

Challenge against decision of SSHD refusing claimant leave to remain as a student;

SSJ

Challenge by category A prisoner serving life sentence against decision not to re-categorise him to category B.