- Cited — The 3Million & Anor, R (on the application of) v Secretary of State for the Home Department & Anor 2023-12-11
“…igation to “have regard to guidance”: see paras 29-32 of his judgment. These included the decision of this Court in R (Khatun) v Newham LBC [2004] EWCA Civ 55; [2005] QB 37, at para 47 (Laws LJ); and the decision of the House of Lords in R (Munjaz) v Mersey Care NHS Trust [2005] UKHL 58; [2006] 2 AC 148, at para 21 (Lord Bingham o…”
- Cited — Sahra Moge v London Brough of Ealing 2023-04-27
“…nce into account. If they decide to depart from them they must have clear reasons for doing so: see R (Khatun) v Newham London Borough Council [2004] EWCA Civ, [2005] QB 37, para 47. Very good reasons are required to depart from a policy formulated after public consultation: Royal Mail Group plc v Postal Services Commission [2007]…”
- Cited — 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
“…and not for the court, to decide upon the manner and intensity of the inquiry to be undertaken (R (Khatun) v. Newham London Borough Council [2004] EWCA Civ 55; [2005] QB 37, at [35]). There is a wider margin of appreciation in decision-making involving the application of scientific knowledge or expertise (R (Mott) v. Environment A…”
- Cited — Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council 2020-10-02
“…them only if there are clear reasons for doing so: Carpets of Worth Ltd v Wyre Forest DC (1991) 62 P & CR 334, 342; R (Khatun) v Newham LBC [2004] EWCA Civ 55, [2005] QB 37 at [47].…”
- Considered — Campaign Against Arms Trade, R (On the Application Of) v The Secretary of State for International Trade 2019-06-20
“…t is for the public body and not the court to decide upon the manner and intensity of enquiry to be undertaken: see R (Khatun) v Newham LBC [2004] EWCA Civ 55, [2005] QB 37, at para. 35 (Laws LJ). Thirdly, the court should not intervene merely because it considers that further enquiries would have been sensible or desirable. It sh…”
- Considered — Balajigari v The Secretary of State for the Home Department 2019-04-16
“…t is for the public body and not the court to decide upon the manner and intensity of enquiry to be undertaken: see R (Khatun) v Newham LBC [2004] EWCA Civ 55, [2005] QB 37, at para. 35 (Laws LJ). Thirdly, the court should not intervene merely because it considers that further enquiries would have been sensible or desirable. It sh…”
- Cited — Dickinson & Ors v Revenue And Customs 2018-12-18
“…e rational judgments about what matters are, or are not, to be taken into account in exercising that discretion: see R (Khatun) v Newham London Borough Council [2005] QB 37.…”
- Cited — The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v The Secretary of State for Health 2018-08-23
“…es are agreed as to the legal test here. The duty of sufficient enquiry is subject to a Wednesbury challenge only. As Laws LJ put it in R (Khatun) v Newham LBC [2005] QB 37; “it is for the decision-maker and not the Court to conclude what is relevant” and “to decide upon the manner and intensity of inquiry to be undertaken” [17]. …”
- Cited — The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v The Secretary of State for Health 2018-08-23
“…[2005] QB 37…”
- Cited — The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v The Secretary of State for Health 2018-08-23
“… duty to “have regard” to a particular factor involves a review of the process and not the merits. In R (Khatun) v London Borough of Newham [2004] EWCA Civ 55; [2005] QB 37, having referred to CREEDNZ Inc v Governor General of New Zealand [1981] 1 NZLR 172 and In re Findlay [1985] AC 318, Laws LJ at [35] said this:…”
- Cited — Nesiama & Ors, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-06-14
“…the decision-maker and not the court to conclude what is relevant subject only to Wednesbury review” (R (Khatun) v London Borough of Newham [2004] EWCA Civ 55; [2005] QB 37 at [35] per Laws LJ, citing CREEDNZ Inc v Governor General of New Zealand [1981] 1 NZLR 172 and In re Findlay [1985] AC 318).…”
- Applied — Flintshire County Council v Jayes, R. ( On the Application of) 2018-05-15
“… court) to decide upon the manner and intensity of inquiry to be undertaken into any relevant factor (R (Khatun) v London Borough of Newham [2004] EWCA Civ 55; [2005] QB 37 at [35]). That applies to planning decision-making as much as any other (see, e.g., R (Hayes) v Wychavon District Council) [2014] EWHC 1987 (Admin) at [31] per…”