- Cited — SHARON GREEN v THE COMMISSIONER OF POLICE OF THE METROPOLIS 2022-12-21
“…e account of some material factor, which undermines the cogency of the conclusion” per Lord Carnwath in In R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47; [2018] 1 WLR at [64]. As Lewison LJ concluded at [66] in R (Z) v Hackney LBC [2019] EWCA Civ 1099; [2019] PTSR 2272 in relation to an assessment of proportion…”
- Cited — The Executors of HRH Prince Philip, The Duke of Edinburgh (Deceased) v Guardian News and Media 2022-07-29
“…ons about the hearing having been heard in private, I am conscious that the Supreme Court reemphasised in R (AR) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079, at paragraph [64] quoting R (C) v Secretary of State for Work and Pensions [2016] EWCA Civ 47, [2016] PTSR 1344 at [34] that an appellate c…”
- Cited — Credico Marketing Limited & Anor. v Benjamin Gregory Lambert & Anor. 2022-06-23
“…m Ltd [2019] EWCA Civ 932; [2019] B.C.C. 1031, paras.72-79. As Lord Carnwath pointed out in R (on the application of R) v Chief Constable of Greater Manchester [2018] UKSC 47; [2018] 1 W.L.R. 409, para. 64, a court does not have to point to a specific error of principle, whether of law, practice or policy, before being able to concl…”
- Cited — Harry Miller (R on the application of) v The College of Policing 2021-12-20
“…R (L) v Commissioner of Police[2010] 1 AC 410; R (AR) v Chief Constable [2018] UKSC 47; [2018] 1 WLR 4079.…”
- Cited — The Motherhood Plan (R on the application of) v HM Treasury 2021-11-24
“… principle or there is a flaw in the judge’s reasoning: In re B (A Child) [2013] UKSC 13, [2013] 1WLR 1911; R (R) v Chief Constable of Greater Manchester Police[2018] UKSC 47, [2018] 1 WLR 4079; R (Z) v Hackney London Borough Council[2020] UKSC 40, [2020] 1 WLR 4327. In the Hackney case, the Supreme Court endorsed the approach advoc…”
- Cited — Sutton v Norwich City Council 2021-01-13
“… “if satisfied that the judge erred in principle or was wrong in reaching the conclusion which he did”. In R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079, Lord Carnwath said this at paragraph 64 in the context of a challenge to a proportionality assessment:…”
- Cited — MP, R (On the Application Of) v Secretary of State for Health And Social Care 2020-12-03
“… account of some material factor, which undermines the cogency of the conclusion” (see e.g. R (on the application of R) v Chief Constable of Greater Manchester [2018] UKSC 47, [2018] 1 WLR 4079, at paragraph 64, and also Re Sprintroom [2019] EWCA Civ 932, [2019] BCC 1031, at paragraphs 76 and 77). Absent such a deficiency, it is not…”
- Cited — Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions 2020-09-15
“…must adopt a traditional function of review, asking whether the decision of the judge below was wrong: see R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079, [64].…”
- Considered — Assetco Plc v Grant Thornton UK LLP 2020-08-28
“…gments or assessments has been further considered in cases since Re B (A Child). In R (on the application of AR) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079, the Supreme Court was concerned with the correct appellate approach to the judge’s assessment of proportionality in public law of an admini…”
- Considered — Friends of Antique Cultural Treasures Ltd, R (on the application of) v The Secretary of State for the Department of Environment, Food & Rural Affairs 2020-05-18
“…t but considers whether the reasoning of the judge below was justified: R (on the application of AR) v Chief Constable of Greater Manchester Police and another [2018] UKSC 47 paragraph [64]. An exception can arise where there is relevant new evidence admitted before the appellate court, for instance because it is more current than t…”
- Approved — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…ay and costs in these proceedings. This also accords with the approach which was approved by the Supreme Court in R (R) v Chief Constable of Greater Manchester [2018] UKSC 47; [2018] 1 WLR 4079, at paras. 53-65, in particular at para. 56 (Lord Carnwath JSC).…”
- Cited — Al M (Children) 2020-02-28
“…Lord Pannick referred us to para. 64 of the judgment of Lord Carnwath in R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079, where he said:…”
- Cited — AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions 2020-01-29
“…t paras. 88-93 (Lord Neuberger PSC). The most recent consideration of the issue which we were shown was in R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47; [2018] 1 WLR 4079, at paras. 53-65 (Lord Carnwath JSC).…”
- Cited — Simawi v London Borough of Haringey 2019-10-31
“…(R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079 at [64])…”
- Cited — Badyal v Badyal & Ors 2019-10-08
“…es the cogency of the conclusion”: Loc. Cit. paragraph 76, quoting Lord Carnwath in R (on the application of AR) v Chief Constable of Manchester Police & Anor. [2018] UKSC 47.…”
- Cited — Dulgheriu & Anor v The London Borough of Ealing 2019-08-21
“…Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] WLR 4079.…”
- Cited — Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor 2019-06-27
“…In R (R) v Chief Constable of Greater Manchester [2018] UKSC 47, [2018] 1 WLR 4079 the Supreme Court added a qualification to this approach. Lord Carnwath (with whom the other justices agreed) said:…”
- Cited — Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator 2019-06-20
“…The Targets drew attention to R (R) v Chief Constable of Greater Manchester Police [2018] UKSC 47, [2018] 1 WLR 4079, which was concerned with the proportionality of disclosure to an employer of information that a potential employee had been acquitted of ra…”
- Applied — Prescott v Potamianos & Anor 2019-06-06
“…clusion was drawn by the Supreme Court about a year later (30 July 2018) in R (on the application of AR) v Chief Constable of Greater Manchester Police & anor. [2018] UKSC 47 on the question of the appropriate test to be applied in assessing a challenge to a first instance judge’s own assessment (sc. evaluation) of the “proportional…”