- Cited — Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor 2020-12-01
“… strict policy. What it does do is to prevent it from being “willing to listen to anyone with something new to say”: see British Oxygen Co Ltd v Board of Trade [1971] AC 610, at 625 (Lord Reid). That is not what the Secretary of State did on the facts of the present case. At all times is has been possible for those who disagree wit…”
- Cited — DJ v The Welsh Minister & Ors 2019-08-01
“…rom consideration a person who falls outside the terms of the policy rule but within the statute itself: see for example British Oxygen Co Ltd v Board of Trade [1971] AC 610 at 625. It is common ground in other words, that in general, the exercise of a statutory discretion must not be unlawfully fettered.…”
- Cited — Dickinson & Ors v Revenue And Customs 2018-12-18
“…cludes the proper exercise of discretion in each case. As Lord Reid, with whom the majority of the House agreed, held in British Oxygen Co Ltd v Board of Trade [1971] AC 610, 624:…”
- Cited — AB, R (On the Application Of) v The Secretary of State for the Home Department 2018-03-06
“… Secretary of State for the Home Department [2016] UKSC 60, [2016] 1 WLR 4799, para 15. The leading authority is British Oxygen Co Ltd v Minister of Technology [1971] AC 610. In that case the Board of Trade had a discretionary power to make grants for capital expenditure, but it adopted a policy not to make a grant for any item cos…”
- Cited — RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department 2018-01-18
“…ideration should be given to the question whether the Secretary of State should exercise that discretionary power: see British Oxygen Co. Ltd. v Board of Trade [1971] AC 610, at 625 (Lord Reid); and R v Secretary of State for the Home Department, ex p. Fire Brigades Union [1995] 2 AC 513, at 550-551 (Lord Browne-Wilkinson) and 575 …”