- Cited — Chala Alice Fiske, R (on the application of) v Test Valley Borough Council 2023-12-15
“…[Cooke J.] took as a starting point the words of Lord Greene MR in Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223, 228: ‘If, in the statute conferring the discretion there is to be found expressly or by implication matters which the authority exercising the discretion ough…”
- Applied — Assurant General Insurance Limited, R (on the application of) v Financial Ombudsman Service Limited & Ors 2023-09-18
“…s reasonable. … Although the Ombudsman’s fact-finding was reviewable only on Wednesbury grounds (see Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223), the same did not apply to his application of the law to the facts, on an issue which went to jurisdiction, at any rate …”…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…sic Wednesbury formulation it is "so unreasonable that no reasonable authority could ever have come to it": see Associated Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223, 233-4. Another, simpler formulation of the test which avoids tautology is whether the decision is outside the range of reasonable decisions open to the decisi…”
- Cited — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…ture, Fisheries and Food[1968] AC 997) and the need to act reasonably in the Wednesbury sense: Associated Provincial Picture Houses Ltd v Wednesbury Corporation[1948] 1 KB 223.…”
- Cited — Sasha Burn v Alder Hey Children's NHS Foundation Trust 2021-11-30
“…anza v BP Shipping Ltd [2015] UKSC 17; [2015] ICR 449 had to be reasonable in the Wednesbury sense: Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223. In my view, if the law were to imply a term into the contract of employment that disciplinary processes must be conducted fairly, that would be a short step w…”
- Explained — End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions 2021-03-15
“…tten Guidance and to embark on the RASSO roadshows was irrational in the sense explained in Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 KB 223, in that the decision was so unreasonable that no reasonable decision maker would ever consider making it; or as Lord Diplock put it in CCSU v. Minister for th…”
- Applied — Clarke, R (On the Application Of) v Birmingham City Council (Rev 1) 2020-11-06
“…o [27] in Derbyshire Dales), himself applying passages from the judgment of Lord Greene MR in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 (at 228); [1947] 2 All ER 680 (at 682):…”
- Cited — Secretary of State for Work And Pensions v Johnson & Ors 2020-06-22
“…sic Wednesbury formulation it is "so unreasonable that no reasonable authority could ever have come to it": see Associated Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223, 233-4. Another, simpler formulation of the test which avoids tautology is whether the decision is outside the range of reasonable decisions open to the decisi…”
- Cited — Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department 2020-05-20
“…on of £1.25 per hour for special projects, is irrational in the sense of Wednesbury unreasonable (Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223).…”
- Cited — Parker v The Chief Constable of Essex Police 2018-12-11
“…iscretion has been exercised in accordance with the principles laid down by Lord Greene MR in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223.”…”
- Considered — Browne v The Parole Board of England & Wales 2018-09-20
“…of the Parole Board could be said to be irrational in accordance with the classic test set out in Associated Provincial Picture Houses v Wednesbury Cooperation [1948] 1 KB 223 at [229]. For the reasons set out by Sir Brian Leveson in DSD, despite the fact that the Divisional Court considered that the Parole Board’s decision about Wor…”
- Cited — Lithuanian Beer Ltd v The Commissioners for HMRC 2018-06-19
“…Wednesbury Corp [1948] 1 KB 223) (see Classicmoor Ltd v Customs and Excise Comrs [1995] V&DR 1 at 10–11, and more generally John Dee Ltd v Customs and Excise Comrs [1995] STC 941 at 952 per N…”
- Cited — SC (Zimbabwe) v Secretary of State for the Home Department 2018-04-26
“…etary of State’s opinion as to serious harm I would disagree. Such a conclusion would nullify the right of appeal and reduce it to a residual Wednesbury review [1948] 1 KB 223, whereas it is elementary that the right of appeal to the FTT is on the merits (see now section 84 of the Nationality, Immigration & Asylum Act 2002, to which …”
- Followed — Clin v Walter Lilly & Co Ltd 2018-03-16
“…ragraph 67 of the Judgment refer to conduct that is unreasonable in the Wednesbury sense (see Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 and the line of cases that have followed it);…”
- Applied — Bajracharya, R (On the Application Of) v Secretary of State for the Home Department 2018-02-22
“…Judge. Supposing, though, that that were wrong and Wednesbury principles (i.e. those referred to in Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223) applied, there would still be a realistic prospect of successfully impugning the refusal of leave to remain.…”
- Cited — RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department 2018-01-18
“…Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223)…”