- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…is whether the decision is outside the range of reasonable decisions open to the decision-maker: see e.g. Boddington v British Transport Police [1998] UKHL 13; [1999] 2 AC 143, 175 (Lord Steyn). The second aspect of irrationality/unreasonableness is concerned with the process by which the decision was reached. A decision may be chall…”
- Doubted — Dolan & Ors, R (On the Application Of) v Secretary of State for Health And Social Care & Anor 2020-12-01
“…y of defence in criminal proceedings in the Magistrates’ Court and no doubt on appeal from there to the higher courts. In Boddington v British Transport Police [1999] 2 AC 143 the House of Lords held that a public law argument about the vires of an instrument in which a criminal offence is created can be raised by way of defence in c…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…o effect, for the reasons given in Hoffmann-La Roche v Secretary of State for Trade and Industry [1975] AC 295 at 365 and Boddington v British Transport Police [1999] 2 AC 143 at 155c. Ouseley J. held that while the 2005 DFT Rules were a nullity and of no effect, the procedural errors were not such that any or all appeal decisions ma…”
- Cited — Secretary of State for Work And Pensions v Johnson & Ors 2020-06-22
“… is whether the decision is outside the range of reasonable decisions open to the decisionmaker: see e.g. Boddington v British Transport Police [1998] UKHL 13; [1999] 2 AC 143, 175 (Lord Steyn). The second aspect of irrationality/unreasonableness is concerned with the process by which the decision was reached. A decision may be chall…”
- Cited — Beadle v HM Revenue and Customs 2020-04-29
“… courts in relation to public law challenges, but “clear words” in primary legislation are required to do so. He relies on Boddington v British TransportPolice [1999] 2 AC 143, a case concerning a defence in criminal proceedings but submits that is not a distinction with any substance and penalty proceedings have a very similar chara…”
- Cited — The Secretary of State for Transport v Arriva Rail East Midlands Ltd ("Arriva") 2019-12-18
“…ees of the Denis Rye Pension Fund and Another v Sheffield City Council [1998] 1 WLR 840, particularly at page 848, and in Boddington v British Transport Police [1999] 2 AC 143, Lord Steyn observed:…”
- Cited — Guled, R (On the Application Of) v The Secretary of State for the Home Department 2019-02-12
“…3 and 5 of the Immigration Act 1971 and the cases of Anisminic Limited v Foreign Compensation Commission [1969] 2 AC 147, Boddington v British Transport Police [1999] 2 AC 143, R (Lumba) v SSHD [2011] UKSC 12 and R (George) v SSHD [2014] UKSC 28…”
- Cited — TN (Vietnam) & Anor, R. (On the Application of) v Secretary of State for the Home Department & Anor 2018-12-19
“…y of State for Trade and Industry [1975] AC 295, at 365. She also cites the approval of that passage by Lord Irvine LC in Boddington v British Transport Police [1999] 2 AC 143, at 156.…”
- Cited — The Secretary of State for the Home Department v SM (Rwanda) 2018-12-11
“…Lord Irvine LC quoted this passage with approval in Boddington v British Transport Police [1999] 2 AC 143 at page 158 and re-iterated that when an act or regulation has been pronounced by the court to be unlawful, it is then recognised as having had no legal effect…”
- Cited — Dill v The Secretary of State for Communities And Local Government & Anor 2018-11-26
“…Transport Police [1999] 2 AC 143 (“Boddington”) and Wandsworth London BoroughCouncil v Winder [1985] 1 AC 461 (“Winder”), he submitted that an affected individual would be unable properly to d…”
- Cited — The Secretary of State for Work And Pensions v Carmichael & Anor 2018-03-20
“…er a claimant is entitled to a benefit. That decision is an example of the general principle established by cases such as Boddington v British Transport Police [1999] 2 AC 143 that the validity of a public law act or decision can be questioned in any proceedings where the determination of that issue is necessary in order to establish…”
- Cited — Davies v Hertfordshire County Council 2018-03-06
“…“…consistent with authorities such as Wandsworth London Borough Council v Winder [1985] AC 461 and Boddington v British Transport Police [1999] 2 AC 143 and respects the principle that if other means of redress are conveniently and effectively available to a party they ought ordinarily to be used before resort …”