- Cited — The 3Million & Anor, R (on the application of) v Secretary of State for the Home Department & Anor 2023-12-11
“…oncerned with an obligation 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 (…”
- 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
“…the decision-maker, 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.…”
- Cited — Michelle Biden v Waverly Borough Council 2022-04-01
“…ough of Kensington and Chelsea, ex p Bayani (1990) 22 H.L.R. 406; R(on the application of Khatun) v Newham London BC (Office of Fair Trading, interested party) [2004] EWCA Civ 55. See also Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening) [2016] A.C. 811 below.…”
- Cited — Heathrow Airport Ltd & Ors v Her Majesty's Treasury (Rev 1) 2021-05-21
“…is for the decisions-maker to determine what evidence it should collect and as to the intensity of the inquiry to be undertaken: see e.g. R(Khatum) v Newham BC [2004] EWCA Civ 55 at paragraphs [34] – [36] per Laws LJ. The Claimants argue, to the contrary, that in a Tameside case once it is established that the decision maker failed to a…”
- Cited — Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council 2020-10-02
“…hem and depart from 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].…”
- Cited — Packham, R (on the application of) v High Speed Two (Hs2) Ltd 2020-07-31
“…f judgment for the Chair”, susceptible of review only on the grounds of irrationality (see R. (on the application of Khatun) v London Borough of Newham Council [2004] EWCA Civ 55, at paragraph 35; and R. (on the application of Jayes) v Flintshire County Council [2018] EWCA Civ 1089, at paragraph 14 (paragraph 49).…”
- Cited — Heathrow Hub Ltd & Anor, R (On the Application Of) v The Secretary of State for Transport 2020-02-27
“…eight he gave to it – were matters for him to determine, challengeable on only traditional public law grounds (see, e.g., R (Khatun) v London Borough of Newham [2004] EWCA Civ 55 at [35] per Laws LJ).” ([120]).…”
- Cited — Plan B Earth v Secretary of State for Transport 2020-02-27
“…gment in such circumstances can only be challenged on the grounds of irrationality (see also [R, (on the application of Khatun) v Newham London Borough Council [2004] EWCA Civ 55; [2005] Q.B. 37, at paragraph 35]; [R.…”
- Considered — Campaign Against Arms Trade, R (On the Application Of) v The Secretary of State for International Trade 2019-06-20
“…nesbury challenge, it 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 de…”
- Considered — Balajigari v The Secretary of State for the Home Department 2019-04-16
“…nesbury challenge, it 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 de…”
- Applied — Jones & Anor v Roundlistic Ltd 2018-10-19
“… the roles of supplier and consumer under the UTCCR 1999 apply to the roles of landlord and tenant under the LRHUDA 1993 (see London Borough of Newham v Khatun [2004] EWCA Civ 55).…”
- Cited — The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v The Secretary of State for Health 2018-08-23
“…of compliance with a 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
“…ker, then it is for 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
“…n-maker (and not the 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 (Admi…”