- Cited — Re A (Parental Responsibility) 2023-06-16
“… policy choice, the domestic courts allow a correspondingly wide margin or “discretionary area of judgment” (R v Director of Public Prosecutions, Ex p Kebilene [2000] 2 AC 326, 380).…”
- Explained — Friends of the Earth Limited, R (on the application of) v The Secretary of State for International Trade/UK Export Finance (UKEF) & Anor 2023-01-13
“…etary of State for the Home Department, Ex parte Launder [1997] 1 WLR 839 at pages 866-8 (Launder), and R v. Director of Public Prosecutions, Ex parte Kebilene [2000] 2 AC 326 at pages 341-2, 367 and 375-6 (Kebilene). Lord Hope had explained at page 867 in Launder that:…”
- Cited — Heathrow Airport Ltd & Ors v Her Majesty's Treasury (Rev 1) 2021-05-21
“…[2000] 2 AC 326…”
- Cited — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“…opinion of the elected body or person whose act or decision is said to be incompatible with the Convention” (R v Director of Public Prosecutions, Ex p Kebilene [2000] 2 AC 326, at 381, per Lord Hope; see also A v Secretary of State for the Home Department [2005] 2 AC 68, at paragraphs 37–42, per Lord Bingham). In In re Medical Costs …”
- Cited — JJ Management Consulting LLP & Ors v Revenue And Customs Respondents 2020-06-22
“…R v Director of Public Prosecutions, ex parte C [1995] 1 Cr App R 136, especially per Kennedy LJ at 141; R v Director of Public Prosecutions, ex parte Kebilene [2000] 2 AC 326. Where the decision is not to prosecute, there cannot I think be a different rule; in any event there will have been expert assessments of weight and balance w…”
- Cited — McConnell & Anor, R (On the Application Of) v The Registrar General for England and Wales 2020-04-29
“… which is to be given to the judgement of the executive or legislature depending upon the context: see e.g. R v Director of Public Prosecutions, ex p. Kebilene [2000] 2 AC 326, at 381 (Lord Hope of Craighead); and A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, at para. 39 (Lord Bingham of Cornhill). Fo…”
- Cited — Drexler, R (On the Application Of) v Leicestershire County Council 2020-04-07
“… Bingham also observed in that paragraph, a similar approach is to be found in domestic authority: see e.g. R v Director of Public Prosecutions, ex p. Kebilene [2000] 2 AC 326, at 381 in the opinion of Lord Hope of Craighead.…”
- Cited — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…n law); R v Secretary of State for the Home Department, ex p. Launder [1997] 1 WLR 839, HL, at 866-867, and R v Director of Public Prosecutions, ex p. Kebilene [2000] 2 AC 326, 341-342, 367, 375-376 (unincorporated treaty obligations relevant to pleas of legitimate expectation in domestic public law; see also R v (Corner House Resear…”
- Cited — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…ntessentially a matter of social and economic policy. In such matters, as Lord Hope of Craighead observed in R v Director of Public Prosecutions, Ex p Kebilene [2000] 2 AC 326, 381, it will be easier for the courts to recognise a discretionary “area of judgment within which the judiciary will defer, on democratic grounds, to the cons…”
- Cited — RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department 2018-01-18
“…m-seeking children, the Secretary of State would not disagree. They do not give rise to individual rights: see per Lord Bingham CJ in R v DPP ex parte Kebilene [2000] 2 AC 326 at 399E:…”
- Cited — RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department 2018-01-18
“… any obligations in public law. However, I would observe that public law has developed in this context since the statement by Lord Bingham CJ in ex p. Kebilene [2000] 2 AC 326, at 399, cited by Arden LJ at para. 128 above: see in particular the decision of the Supreme Court in Lumba [2012] 1 AC 245, referred to by Arden LJ at para. 1…”