Cases: Constitutional and Administrative Law

R v Cambridge Area Health Authority, ex parte B [1995] 2 All ER 129

Facts: A 10-year-old suffered from leukaemia with months to live. Treatment was possible, however, the chances of success were slim and it would cost £70,000. The authority refused it on the basis it was not in the child’s best interest.   Held: In the High Court, Laws J quashed the decision which had put the child’s life at…

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R v Secretary of State for the Home Department, ex p Bugdaycay [1987] AC 514

Facts: This was an immigration case in which a group of individuals argued that if they were sent back to their country; their lives would be at risk.  Principle: When an administrative action puts the applicant’s life at risk, the basis of the decision must place the most anxious scrutiny. The court approaches the case approaches…

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Doody v Secretary of State for the Home Department (1993) 3 All ER 92

Facts: This case concerned the mandatory life sentence for murder. Mandatory life sentence consists of two periods 1) The tariff – which serves the purpose of retribution and deterrence, 2) The risk period – at some point during this stage the prisoner may be released if no longer considered a threat. The tariff fixed, different from…

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R v Civil Service Appeal Board, ex p Cunningham (1991) 4 All ER 310

Facts: Cunningham was a civil servant. He sought damages for unfair dismissal. Any other employee would’ve been before the Employment Tribunal. Cunningham as a civil servant had to be before the Civil Service Appeal Board.  Held: The Board gave him damages but no reasons. The damages were lower than he would’ve received from the Employment Tribunal.

R v Secretary of State for Health, ex p United States Tobacco (1992) QB 353

Facts: In 1985, the claimant company received a grant from government to open a new factory.  The factory was to produce oral snuff.  The government was aware at the time of a proven link between snuff and cancer.  It negotiated a deal by which the company undertook not to market its product to those aged less than 18,…

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