Fettering Discretion in UK Law
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Schmidt v Home Office ; Schmidt v Secretary of State for Home Affairs
... ... fault in laying down a general policy about Scientology and thus fettering his discretion. On this point both sides accepted the law as stated by ... ...
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William Kurt Wallersteiner (Plaintiff Appellant) M. J. G Moir (Defendant Respondent) M. J. G Moir (Plaintiff on counterclaim) William Kurt Wallersteiner Hartley Baird Ltd and Another (Defendants on counterclaim)
... ... I have never known a Court to make any order as to costs fettering a later exercise of the Court's discretion in respect of costs to be ... ...
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R (S) v Secretary of State for the Home Department
... ... It was common ground that the Revenue had a discretion to accept late claims, but there had been no express representation, such ... category of public law illegality, in this case the unlawful fettering of a discretion (see Craig op cit p530ff; Wade and Forsyth ... ...
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Re Gibson's Settlement Trusts
... ... on January 16, 1978, the undertaking was held to be invalid as fettering the trustees' discretion, and the court dismissed the summons. The court's ... ...
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McDonald v Horn
... ... costs out of fund irrespective of outcome - Proper exercise of discretion - Supreme Court Act 1981 ( c. 54 ) , s. 51 F1 - R.S.C. , Ord. 62 , ... “I have never known a court to make any order as to costs fettering a later exercise of the court's discretion in respect of costs to be ... ...
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
... ... But the discretion given to the commissioner to register or deregister such companies, so as ... Radcliffe against unduly fettering the exercise of executive discretion. Such reasoning is contrary to the ... ...
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Secretary of State for Communities and Local Government v West Berkshire District Council and Another
... ... will want to emphasise its policy… but the proof of the fettering will be in the willingness to entertain exceptions to the policy, rather ... Both of these principles – the rule against fettering discretion, and the liberty (generally) to express policy without acknowledging ... ...
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R (on the application of Sandiford) v The Secretary of State for Foreign and Commonwealth Affairs
... ... The Court of Appeal held that, although the Foreign Office's discretion as to exercise its prerogative powers in such a case was "a very wide one" ... Fettering discretion – the issues ... 54 In the courts below, ... ...
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Adath Yisroel Burial Society v HM Senior Coroner for Inner North London
... ... 's policy is unlawful on the grounds that it fetters her discretion and it is irrational. On behalf of the Claimants, Mr Sam Grodzinski QC pts the Chief Coroner's submissions on fettering and irrationality as part of his case on Article 9 and joins with Mr ... ...
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R v Panel on Take-overs and Mergers, ex parte Datafin Plc
... ... operate in the public interest and that the enormously wide discretion which it arrogates to itself is necessary if it is to function efficiently ... have said can fetter or is intended to or should be construed as fettering the discretion of any court to which application is made for leave to ... ...
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