- Cited — Sastry & Anor v General Medical Council 2021-04-30
“…Smech Properties Ltd v Runnymede Borough Council [2016] EWCA Civ 42, [30]; Khan v General Pharmaceutical Council [2017] 1 WLR 169 at [36]; Meadow at [197]; and Raschid v General Medical Council [2007] 1 WLR 1460, [18]-[20]. It …”
- Cited — Ikram v Secretary of State for Housing, Communities And Local Government & Ors 2021-01-06
“…her the Judge had legitimate and proper grounds for reaching the decision she did: see Smech Properties Limited v Crest Nicholson Operations Limited and Others [2016] EWCA Civ 42, at para. 27 (Sales LJ). Furthermore, as Sales LJ went on to state at para. 28, an appellate court will only find a decision to be “wrong” if the judge at firs…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“… (BT) v HM Treasury [2020] EWCA Civ 1, [2020] Pens LR 12, at paragraphs 45-47 adopting the approach set out in Smech Properties Ltd v Runnymede Borough Council [2016] EWCA Civ 42 at paragraph 27, and see Re Sprintroom [2019] EWCA Civ 932, [2019] BCC 1031 at paragraphs 72-78 and R(Hoareau and Bancoult) v Secretary of State for the Foreig…”
- Cited — Hoareau & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs 2020-07-30
“… (BT) v HM Treasury [2020] EWCA Civ 1, [2020] Pens LR 12, at paragraphs 45-47 adopting the approach set out in Smech Properties Ltd v Runnymede Borough Council [2016] EWCA Civ 42 at paragraph 27. The test in Smech was summarised as being “whether the first instance judge had legitimate and proper grounds for reaching the decision”.…”
- Cited — British Telecommunications PLC, R (On the Application Of) v Treasury 2020-01-21
“…ake the evidence into account, or arrived at a conclusion which the evidence could not on any view support. In Smech Properties Ltd v Runnymede Borough Council [2016] EWCA Civ 42, on an appeal in judicial review proceedings, Sales LJ (as he then was), with whom the two other members of the Court of Appeal agreed, said (at [27]) that the…”
- Cited — Chichester District Council v Secretary of State for Housing, Communities And Local Government & Anor 2019-10-09
“…of this court in Simplex GE (Holdings) Ltd. v Secretary of State for the Environment [2017] P.T.S.R. 1041 and Smech Properties Ltd. v Runnymede Borough Council [2016] EWCA Civ 42). In my view the inspector’s decision would in those circumstances inevitably have been the same, for three reasons: first, because it seems to me that the pol…”
- Cited — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…[2016] EWCA Civ 42…”
- Explained — Eze v Conway & Anor 2019-02-06
“…al of this kind. As Sales LJ explained in Smech Properties Limited v Runnymede Borough Council, Crest Nicholson Operations Limited, CGNU Life Assurance Limited [2016] EWCA Civ 42 at 27, (a case concerned with the exercise of judicial discretion) in such circumstances:…”
- Explained — British Telecommunications Plc v BT Pension Scheme Trustees Ltd & Anor 2018-12-04
“…oss-examination. As Sales LJ explained in Smech Properties Limited v Runnymede Borough Council, Crest Nicholson Operations Limited, CGNU Life Assurance Limited [2016] EWCA Civ 42 at 27, (a case concerned with the exercise of judicial discretion) in such circumstances:…”
- Approved — Serious Fraud Office (SFO) v Eurasian Natural Resources Corp. Ltd 2018-09-05
“…We have taken full account also of the recent dicta of this court in paragraph 29 of Sales LJ’s judgment in Smech Properties Ltd v. Runnymede BC[2016] EWCA Civ 42, [2016] J.P.L. 677 approved in Regina (Bowen) v. Secretary of State for Justice[2017] EWCA Civ 2181, [2018] 1 W.L.R. 2170 at paragraphs 70-73 per McCombe…”
- Followed — Bawa-Garba v The General Medical Council & Ors 2018-08-13
“…McCombe LJ also quoted (at [71]) the case of Smech Properties Ltd v Runnymede Borough Council [2016] EWCA Civ 42, in which Sales LJ said as follows:…”
- Followed — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…ecting families of lone parents with children under two (paragraphs 29 and 31), I bear in mind the comments of Sales LJ in Smech Properties Ltd. v Runnymede BC [2016] EWCA Civ 42 at paragraph 29 (followed in Bowen v Secretary of State for Justice [2017] EWCA Civ 2181) to this effect:…”