SS -v- Secretary of State for Work and Pensions (Tribunal Procedure and Practice (Including UT) : Tribunal Practice); UTAA 15-May-2014

Education Support Allowance

Court: UTAA
Date: 15-May-2014
Links: Bailii,
References: [2014] UKUT 217 (AAC),

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Filed under Benefits

Self (T/A TAS); UTAA 21-May-2014

UTAA Transport : Traffic Commissioner Cases

Court: UTAA
Date: 21-May-2014
Links: Bailii,
References: [2014] UKUT 245 (AAC),

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Filed under Benefits

Islam -v- Abertawe Bro Morgannwg Local Health Board; EAT 12-Jun-2014

EAT Disability Discrimination : Justification – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
C was a consultant psychiatrist. A report by the National Clinical Assessment Service identified clinical and communication deficiencies and recommended that the C and his employing Trust agree a remediation programme to enable him to retrain for his consultant position. Such a programme was never put into effect and the employer eventually offered him a sub-consultant’s post or said that he would be given contractual notice. Meanwhile he was diagnosed as having Asperger’s Syndrome, which was agreed to be a disability. The disability was linked to the communication deficiencies but not the clinical deficiencies. In the circumstances, refusing to allow C to return to work as a consultant was not disability discrimination under section 15 Equality Act 2010 because it was a proportionate means of achieving a legitimate aim, i.e. protecting patients; nor was it a breach of the duty to make reasonable adjustments, since any reasonable adjustments relating to the Asperger’s Syndrome would not deal with the clinical deficiencies and would not therefore allow the Trust to employ him as a consultant.
In finding the Trust liable for arrears of pay under section 13 ERA 1996 the Employment Tribunal had proceeded unfairly because the C had not pursued such a claim and, although it was open to the ET to consider it, they had not given the Trust sufficient notice that they intended to consider it on the merits.

Court: EAT
Date: 12-Jun-2014
Judges: Shanks J
Statutes: Equality Act 2010 15
Links: Bailii,
References: [2014] UKEAT 0200_13_1206,

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Filed under Discrimination, Employment

Voicu -v- Romania; ECHR 10-Jun-2014

Court: ECHR
Date: 10-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 22015/10 - Chamber Judgment, [2014] ECHR 596

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Filed under Human Rights

Vidu And Others -v- Romania; ECHR 10-Jun-2014

Court: ECHR
Date: 10-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 9835/02 - Chamber Judgment, [2014] ECHR 595

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Filed under Human Rights

Selin Asli Ozturk -v- Turkey; ECHR 10-Jun-2014

Court: ECHR
Date: 10-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 39523/03 - Chamber Judgment, [2014] ECHR 594

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Filed under Human Rights

Mihai Laurentiu Marin -v- Romania; ECHR 10-Jun-2014

The applicant alleged, in particular, that the physical conditions of his detention in Poarta Alba and Magineni Prisons had breached his rights guaranteed by Article 3 of the Convention.

Court: ECHR
Date: 10-Jun-2014
Judges: Josep Casadevall, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 79857/12 - Chamber Judgment, [2014] ECHR 592

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Filed under Human Rights, Prisons

Yigitdogan -v- Turkey (No 2); ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 72174/10 - Chamber Judgment, [2014] ECHR 569

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Filed under Human Rights

Tereshchenko -v- Russia; ECHR 5-Jun-2014

Court: ECHR
Date: 05-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 33761/05 - Chamber Judgment, [2014] ECHR 578

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Filed under Human Rights

Semic -v- Slovenia; ECHR 5-Jun-2014

Court: ECHR
Date: 05-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 5741/10 - Committee Judgment, [2014] ECHR 586

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Filed under Human Rights

Salvatore And Others -v- Italie; ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 1635/03 - Committee Judgment (French text), [2014] ECHR 570

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Filed under Human Rights

Rossi And Variale -v- Italy; ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 2911/05 - Committee Judgment, [2014] ECHR 571

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Filed under Human Rights

Petroiu And Others -v- Romania; ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 30105/05 - Chamber Judgment (French text), [2014] ECHR 566

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Filed under Human Rights

Margaretic -v- Croatia; ECHR 5-Jun-2014

Court: ECHR
Date: 05-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: [2014] ECHR 576, 16115/13 - Chamber Judgment

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Filed under Human Rights

Lopez Guio -v- Slovakia; ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 10280/12 - Chamber Judgment, [2014] ECHR 558

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Filed under Human Rights

Kubler -v- Germany; ECHR 5-Jun-2014

Court: ECHR
Date: 05-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 32715/06 - Chamber Judgment, [2014] ECHR 584

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Filed under Human Rights

Kolar -v- Slovenia; ECHR 5-Jun-2014

Court: ECHR
Date: 05-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 1363/07 - Committee Judgment, [2014] ECHR 585

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Filed under Human Rights

Khadzhiev -v- Bulgaria; ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 44330/07 - Chamber Judgment, [2014] ECHR 563

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Filed under Human Rights

Jahny -v- Hungary; ECHR 3-Jun-2014

Court: ECHR
Date: 03-Jun-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 25279/06 - Committee Judgment, [2014] ECHR 572

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Filed under Human Rights

Samarov -v- Russia; ECHR 28-May-2014

Court: ECHR
Date: 28-May-2014
Judges: Khanlar Hajiyev, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 47388/06 - Committee Judgment, [2014] ECHR 539

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Filed under Human Rights, Land

Radkov And Sabev -v- Bulgaria; ECHR 27-May-2014

Ineta Ziemele, P

Court: ECHR
Date: 27-May-2014
Judges: Ineta Ziemele, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 18938/07 36069/09 - Chamber Judgment, [2014] ECHR 534

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Filed under Human Rights

Khanustaranov -v- Russia; ECHR 28-May-2014

Court: ECHR
Date: 28-May-2014
Judges: Khanlar Hajiyev, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 2173/04 - Committee Judgment, [2014] ECHR 538

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Filed under Damages, Human Rights, Personal Injury

Luli And Others -v- Albania; ECHR 1-Apr-2014

Court: ECHR
Date: 01-Apr-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 64480/09 64482/09 12874/10 56935/10 3129/12 - Legal Summary, [2014] ECHR 553

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Filed under Human Rights

OA014272013; AIT 12-May-2014

Court: AIT
Date: 12-May-2014
Links: Bailii,
References: [2014] UKAITUR OA014272013,

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Filed under Immigration

IA204692013; AIT 12-May-2014

Court: AIT
Date: 12-May-2014
Links: Bailii,
References: [2014] UKAITUR IA204692013,

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Filed under Immigration

IA164192013; AIT 12-May-2014

Court: AIT
Date: 12-May-2014
Links: Bailii,
References: [2014] UKAITUR IA164192013,

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Filed under Immigration

IA144282013; AIT 12-May-2014

Court: AIT
Date: 12-May-2014
Links: Bailii,
References: [2014] UKAITUR IA144282013,

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Filed under Immigration

IA085002013; AIT 12-May-2014

Court: AIT
Date: 12-May-2014
Links: Bailii,
References: [2014] UKAITUR IA085002013,

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Filed under Immigration

Zhang -v- A Decision of The Upper Tribunal; SCS 30-May-2014

Court: SCS
Date: 30-May-2014
Judges: Lord Eassie
Links: Bailii,
References: [2014] ScotCS CSIH_48,

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Filed under Immigration, Scotland

Idrimsynie Estate Ltd -v- Ramsay; SCS 29-May-2014

Court: SCS
Date: 29-May-2014
Judges: Lord Malcolm
Links: Bailii,
References: [2014] ScotCS CSOH_93,

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Filed under Landlord and Tenant, Scotland

NSL Ltd -v- Besagni and Others and Another; EAT 16-May-2014

EAT Transfer of Undertakings : Dismissal or Automatically Unfair Dismissal – Economic technical or organisational reason
The Employment Judge did not err in holding that dismissals of transferred employees for refusing to work in a different workplace following a transfer of an undertaking were not dismissals which entailed a ‘change in the workforce’ within the meaning of the unamended Transfer of Undertakings (Protection of Employment) Regulations 2006 Regulation 7(1)(b) and (2). Berriman v Delabole Slate Ltd [1985] ICR 546, Alemo-Herron v Parkwood Leisure [2013] ICR 1116 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations 2014 considered.

Court: EAT
Date: 16-May-2014
Judges: Slade J
Links: Bailii,
References: [2014] UKEAT 0397_13_1605,

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Filed under Employment

Morgan -v- Armadillo Managed Services Ltd; EAT 15-May-2014

EAT Disability Discrimination : Disability Related Discrimination – Section 13(1) of the Equality Act 2010 requires actual or constructive knowledge to permit a claimant to succeed in a claim for direct disability discrimination: Gallop v Newport City Council [2013] EWCA Civ 1583 followed. The Appellant was not permitted to resile from a concession to that effect before the Employment Tribunal. Appeal dismissed.

Court: EAT
Date: 15-May-2014
Judges: Birtles HHJ
Statutes: Equality Act 2010 13(1)
Links: Bailii,
References: [2013] UKEAT 0567_12_1505,

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Filed under Discrimination, Employment

Look Ahead Housing and Care Ltd -v- Chetty and Another; EAT 23-May-2014

EAT Unfair Dismissal – Race Discrimination – In the case of the First Claimant, the Employment Tribunal had made (unchallenged) findings that the Respondent had not established a fair reason for the dismissal and had no reasonable grounds for the reason it had relied on. The Respondent’s arguments on appeal failed to engage with these conclusions, which undermined both its case on unfair dismissal but also on discrimination.
In the Second Claimant’s case, the Tribunal’s findings of fact in respect of the race discrimination claim were not susceptible to challenge and undermined the Respondent’s arguments in respect of the unfair dismissal case.
Generally, the Employment Tribunal had not erred in its approach to construction of a hypothetical comparator. Applying Ahsan v Watt [2008] IRLR 243 HL, the Tribunal had been entitled to look at the Respondent’s treatment of other white employees, albeit that they were not strict comparators, in determining how a hypothetical comparator would have been treated in like circumstances.
Both liability appeals dismissed.

Court: EAT
Date: 23-May-2014
Judges: Eady QC HHJ
Links: Bailii,
References: [2014] UKEAT 0441_13_2305,

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Filed under Employment

Yeliseyev -v- Russia; ECHR 28-May-2014

Court: ECHR
Date: 28-May-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 21594/05 - Committee Judgment (French text), [2014] ECHR 532

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Filed under Human Rights

In re H (Revocation of Placement Order); FC 16-May-2014

The mother of all three children issued an application in respect of all the children for permission to apply to revoke the placement orders

Court: FC
Date: 16-May-2014
Judges: Bond HHJ
Links: Bailii,
References: [2014] EWFC B56,

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Filed under Adoption

IA326392013; AIT 24-Apr-2014

Court: AIT
Date: 24-Apr-2014
Links: Bailii,
References: [2014] UKAITUR IA326392013,

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Filed under Immigration

Parkhill -v- Scottish Ambulance Service Board; SIC 11-Apr-2014

SIC Patient mobility and related issues: failure to respond within statutory timescales – On 10 December 2014, solicitors acting on behalf of Ms Parkhill asked the Scottish Ambulance Service Board (the SASB) for information about patient mobility and related issues. This decision finds that the SASB failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the SASB failed to comply with Ms Parkhill’s requirement for review within the timescale set down by FOISA.

Court: SIC
Date: 11-Apr-2014
Statutes: Freedom of Information (Scotland) Act 2002
Links: Bailii,
References: [2014] ScotIC 083_2014,

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Filed under Information, Scotland

Cassidy -v- Hawcroft; CA 27-Jul-2000

Whether a document was protected as a publication when produced under an order for discovery.

Court: CA
Date: 27-Jul-2000
Links: Bailii,
References: [2000] EWCA Civ 238,

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Filed under Defamation

Zia -v- Revenue & Customs; FTTTx 10-Nov-2014

FTTTx Penalty for late filing of personal tax return – whether there was a reasonable excuse lasting throughout the period of default – held no – appeal dismissed

Court: FTTTx
Date: 10-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1016 (TC),

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Filed under Income Tax

Xpress Telecom Ltd -v- Revenue & Customs; FTTTx 5-Nov-2014

FTTTx VAT – input tax – purchase of iPhones – full VAT invoices not obtained to support claim to input tax – various ordinary retail receipts provided instead – whether supplies actually made to the Appellant, supporting a claim for input tax – section 47(2A) VATA considered – whether adequate alternative evidence of the incurring of input tax – whether HMRC’s refusal to accept alternative evidence was reasonable – appeal dismissed

Court: FTTTx
Date: 05-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1003 (TC),

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Filed under VAT

Platinum Connect Ltd -v- Revenue & Customs; FTTTx 12-Nov-2014

FTTTx VAT – failure to obtemper Tribunal Directions – time limits – failure to appear – Unless direction – appeal struck out – costs reserved

Court: FTTTx
Date: 12-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1032 (TC),

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Filed under VAT

Shirley -v- Revenue & Customs; FTTTx 11-Nov-2014

FTTTx INCOME TAX – taxation of overseas dividends received by resident beneficiary of non-resident trust – distributions from non-UK resident companies – interpretation of legislation rewritten as part of the Tax Law Rewrite Project – s399 Income Tax (Trading and Other Income) Act 2005 – appeal allowed

Court: FTTTx
Date: 11-Nov-2014
Statutes: Income Tax (Trading and Other Income) Act 2005 399
Links: Bailii,
References: [2014] UKFTT 1023 (TC),

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Filed under Income Tax

Powell Gee & Company Ltd -v- Revenue & Customs; FTTTx 11-Nov-2014

FTTTx Customs duty – tariff classification – packages comprising waterproof plastic strapwasher, steel woodscrew and (in some cases) plastic spacer for use in fixing corrugated roofing panels in a waterproof way – whether the essential character of the packs conferred by the strapwashers (either alone or, where relevant, in combination with the spacers) – held no individual component or components confer such character – GIR Rule 3(c) therefore applies to classify the packs under the tariff heading occurring last in numerical order – appeal dismissed

Court: FTTTx
Date: 11-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1024 (TC),

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Filed under Customs and Excise

Trevivian -v- Revenue & Customs; FTTTx 6-Nov-2014

FTTTx VAT – alterations to protected buildings – reconstruction of detached garage at the same time as of reconstruction of house – whether garage part of protected building; whether earlier works constituted a substantial reconstruction.

Court: FTTTx
Date: 06-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1011 (TC),

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Filed under Construction, VAT

Ross -v- Revenue & Customs; FTTTx 6-Nov-2014

FTTTx EXCISE DUTY – production of biofuel – estimated figures in the absence of records – best judgment – appeal dismissed

Court: FTTTx
Date: 06-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1004 (TC),

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Filed under Customs and Excise

Pia -v- Revenue & Customs; FTTTx 7-Nov-2014

FTTTx INCOME TAX – Appeal out of time – reasons for delay – reasonable excuse – reliance on a third party accountant – balancing exercise of all factors – Application refused.

Court: FTTTx
Date: 07-Nov-2014
Links: Bailii,
References: [2014] UKFTT 1015 (TC),

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Filed under Income Tax

Regina -v- Cassidy; CACD 13-Oct-2000

Where a youth was seventeen at the date of conviction, but eighteen when sentenced, a sentence to a detention and training centre took effect as that, and was not to be converted into a sentence to detention in a young offender institution. The Act would only come into effect in such a case where he was being re-sentenced.

Court: CACD
Date: 13-Oct-2000
Statutes: Crime and Disorder Act 1998 79(5)
Links: Times,
References:

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Filed under Criminal Sentencing

Cassidy and Another -v- Customs & Excise; Excs 22-Aug-2003

EXCISE DUTIES – Excise Duties (Personal Reliefs) Order 1992 – Community travellers entering UK with large quantity if cigarettes – seizure of goods and vehicle – whether review decision following refusal to restore unreasonable

Court: Excs
Date: 22-Aug-2003
Statutes: Excise Duties (Personal Reliefs) Order 1992
Links: Bailii,
References: [2003] UKVAT-Excise E00487,

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Filed under Customs and Excise

Southern Drinks Ltd -v- Revenue & Customs; FTTTx 11-Nov-2014

FTTTx EXCISE DUTY – revocation of the appellant’s registration under Warehousekeepers and Owners of Warehoused Goods Regulations 1999 – whether for ‘reasonable cause’ – appeal dismissed

Court: FTTTx
Date: 11-Nov-2014
Statutes: Warehousekeepers and Owners of Warehoused Goods Regulations 1999
Links: Bailii,
References: [2014] UKFTT 1031 (TC),

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Filed under Customs and Excise

Dick Bentley Productions Ltd -v- Harold Smith (Motors) Ltd; CA 3-Mar-1965

When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, it is binding.
Lord Denning MR said of a collateral warranty: ‘Looking at the cases once more, as we have done so often, it seems to me that if a representation is made in the course of dealings for a contract for the very purpose of inducing the other party to act upon it, and actually inducing him to act upon it, by entering into the contract, that is prima facie ground for inferring that it was intended as a warranty. It is not necessary to speak of it as being collateral. Suffice it that it was intended to be acted upon and was in fact acted on. But the maker of the representation can rebut this inference if he can show that it really was an innocent misrepresentation, in that he was in fact innocent of fault in making it, and that it would not be reasonable in the circumstances for him to be bound by it.’

Court: CA
Date: 03-Mar-1965
Judges: Lord Denning MR, Danckwerts, Salmon LJJ
Links: Bailii,
References: [1965] 1 WLR 623, [1965] EWCA Civ 2, [1965] 2 All ER 65
Cases Cited:
Cited By:

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Filed under Contract

Prested Hall Ltd -v- Revenue & Customs; FTTTx 2-Apr-2014

VAT – default surcharge – whether penalties proportionate – yes – whether reasonable excuse – appeal allowed in part

Court: FTTTx
Date: 02-Apr-2014
Links: Bailii,
References: [2014] UKFTT 315 (TC),

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Filed under VAT

Evans, Regina (on The Application of) -v- Secretary of State for Defence; Admn 16-Oct-2013

Court: Admn
Date: 16-Oct-2013
Judges: Richards LJ, Mitting J
Links: Bailii,
References: [2013] EWHC 3068 (Admin),

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Filed under Litigation Pratice

Paton and Another -v- Todd; ChD 11-May-2012

The claimants sought leave to appeal against rejection of their request made to the Deputy Adjudicator for the rectification of the title to land they claimed title to, but which was registered to the respondent neighbour.

Court: ChD
Date: 11-May-2012
Judges: Morgan J
Statutes: Land Registration Act 2002 60(2)
Links: Bailii,
References: [2012] EWHC 1248 (Ch),
Cases Cited:
Cited By:

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Filed under Registered Land

Hideaki Koiwai (Patent); IPO 31-Dec-2007

IPO The patent application relates to a golf putter having a measurement scale and sighting means to estimate the distance to the hole. The examiner had objected that new subject matter had been added contrary to section 76, that the invention lacked inventive step in the light of four prior specifications and that it was excluded from patentability. The hearing officer considered the added subject matter issue, decided at the hearing new subject matter had been added and accepted a form of claim with the added subject matter removed, for consideration of the other issues. He found the resulting claim to lack inventive step in the light of the prior art. With the claim before him invalidated he was unable to make a determination as to the excluded matter point but considered that as long as any eventual claim was distinguished from the prior art by physical features it should not be excluded. The patent application was remitted to the examiner for further processing.

Court: IPO
Date: 31-Dec-2007
Judges: Mr P Marchant
Statutes: Patents Act 1977 1(1) 1(2) 76
Links: Bailii,
References: [2007] UKIntelP o37307, GB0512872.3

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Filed under Intellectual Property

19 Upton Park – Slough : Midland : Birmingham; LVT 22-Jun-2011

LVT No Fault Right To Manage

Court: LVT
Date: 22-Jun-2011
Links: Bailii,
References: [2011] EWLVT CAM_LV_NFR_00MD_0

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Filed under Landlord and Tenant

Greyfort Properties Ltd, Regina (on The Application of) -v- Secretary of State for Communities and Local Government; Admn 7-Dec-2010

Court: Admn
Date: 07-Dec-2010
Judges: Mitting J
Links: Bailii,
References: [2010] EWHC 3455 (Admin), [2011] JPL 792, [2011] 16 EG 83
Cited By:

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Filed under Planning

2 Brookdale Apartments 62 South Street – North Devon : Midland : Birmingham; LVT 17-Jul-2007

LVT Service Charges

Court: LVT
Date: 17-Jul-2007
Links: Bailii,
References: [2007] EWLVT CHI_LV_SVC_18UE_0

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Filed under Landlord and Tenant

Rena Hobson Court – Mid Devon : Midland : Birmingham; LVT 20-May-2007

LVT Service Charges

Court: LVT
Date: 20-May-2007
Links: Bailii,
References: [2007] EWLVT CHI_LV_SVC_18UD_0

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Filed under Landlord and Tenant

Loder -v- Seymour Loder And Mary His Wife, John Loder And Jane His Wife, John Jordan And Anne His Wife, John Carne And Elizabeth His Wife, The Daughters of Charles Loder Deceased, Thomas Whitley And Ralph His Son; 8-Jun-1730

Date: 08-Jun-1730
Links: Commonlii,
References: [1730] EngR 285, (1730) Sel Cas T King 356, (1730) 25 ER 437

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Filed under Jury

Upton Park Homes Ltd -v- MacDonalds, Solicitors; SCS 27-Nov-2009

The pursuer alleged negligence by his solicitor in their negotiation of missives.

Court: SCS
Date: 27-Nov-2009
Links: Bailii,
References: [2009] ScotCS CSOH_159, [2010] PNLR 12, [2009] CSOH 159, 2010 GWD 3-38

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Filed under Professional Negligence, Scotland

Hassal -v- Smithers; 1789

Date: 01-Jan-1789
Links: Commonlii,
References: [1789] EngR 1185, (1789-1817) 2 Ves Jun Supp 289, (1789) 34 ER 1098 (C)

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Filed under Insolvency, Wills and Probate

Wilczy -v- Poland; ECHR 18-Mar-2008

Court: ECHR
Date: 18-Mar-2008
Statutes: European Convention on Human Rights
Links: Bailii,
References: 35760/06, [2008] ECHR 207,

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Filed under Human Rights

Mid-Devon District Council -v- Stevenson; EAT 18-Oct-2007

EAT Practice and Procedure – Case management – Disability Discrimination – Disability – At an adjourned CMD the Chairman refused the employers’ application for leave to call their own psychiatric expert on the issue of disability. The claim was said to be worth nearly £100,000; the Claimant’s solicitors had obtained their own expert;- although they had invited the employers to agree joint instruction, they did so at a time when the only disability alleged was ‘back injury’.
Held that, although the grounds on which a case management decision of the ET could be successfully appealed were very restricted, these grounds were made out. The employers had acted reasonably; they were not guilty of delay; there was no risk that their obtaining their own report would delay the substantive hearing. The Chairman failed to take into account the importance of the overriding objective to deal with cases justly and on an equal footing and had reached a decision which no reasonable Tribunal could reach.

Court: EAT
Date: 18-Oct-2007
Judges: Burke QC HHJ
Links: Bailii,
References: [2007] UKEAT 0196_07_1810,

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Filed under Employment

Zhigalev -v- Russia; ECHR 6-Jul-2006

Court: ECHR
Date: 06-Jul-2006
Statutes: European Convention on Human Rights
Links: Bailii, Bailii,
References: 54891/00, [2006] ECHR 696,

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Filed under Human Rights

Europa Carton -v- Commission; ECFI 14-May-1998

Court: ECFI
Date: 14-May-1998
Links: Bailii,
References: T-304/94, [1998] EUECJ T-304/94

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Filed under European

Regina -v- Davis and Davis; CACD 14-May-1998

Appeal against sentences for false imprisonment – two shopkeepers taking law into own hands.

Court: CACD
Date: 14-May-1998
Links: Bailii,
References: [1998] EWCA Crim 1589,

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Filed under Criminal Sentencing

Harris (T/A Harris of Leicester) (Transport : Traffic Commissioner Cases); UTAA 27-Oct-2014

UTAA Appeal ALLOWED to the extent that the order disqualifying AH from acting as a Transport Manager for an indefinite period is quashed and a disqualification from acting as a Transport Manager for a period of 4 years is substituted.

Court: UTAA
Date: 27-Oct-2014
Links: Bailii,
References: [2014] UKUT 483 (AAC),

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Filed under Transport

Welch (T/A North Lincolnshire Transport Services) (Transport : Traffic Commissioner Cases); UTAA 20-Oct-2014

UTAA Failure to reply to correspondence; breach of licence conditions; good repute

Court: UTAA
Date: 20-Oct-2014
Judges: Beech UTJ
Links: Bailii,
References: [2014] UKUT 472 (AAC),

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Filed under Transport

TJ -v- Secretary of State for Work and Pensions (ESA) (Tribunal Procedure and Practice (Including UT) : Tribunal Practice); UTAA 7-Oct-2014

Directions – Employment Support Allowance claim

Court: UTAA
Date: 07-Oct-2014
Judges: Markus QC UTJ
Links: Bailii,
References: [2014] UKUT 445 (AAC),

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Filed under Benefits

PM -v- Secretary of State for Work and Pensions (IS) (Tribunal Procedure and Practice (Including UT) : Evidence); UTAA 14-Oct-2014

UTAA Appeal against the decision allowed. At the time of the claim for income support and that of the decision refusing it the appellant had a right to reside as the family member of a worker. She was accordingly, not a ‘person from abroad’ so as to have an applicable amount of £Nil.

Court: UTAA
Date: 14-Oct-2014
Judges: Ward UTJ
Links: Bailii,
References: [2014] UKUT 474 (AAC),

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Filed under Benefits, Immigration

Cutmore (Transport : Traffic Commissioner Cases); UTAA 13-Oct-2014

UTAA Transport Manager – loss of repute. Indefinite disqualification.

Court: UTAA
Date: 13-Oct-2014
Judges: M Hinchliffe DCP UTJ
Links: Bailii,
References: [2014] UKUT 459 (AAC),

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Filed under Transport

The Cabinet Office -v- Information Commissioner; UTAA 20-Oct-2014

UTAA Information Rights : Freedom of Information – Qualified Exemptions

Court: UTAA
Date: 20-Oct-2014
Judges: Turnbull UTJ
Links: Bailii,
References: [2014] UKUT 461 (AAC),

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Secretary of State -v- VM; UTAA 5-Sep-2014

UTAA Housing and Council Tax Benefits : Payments That Are Eligible for HB

Court: UTAA
Date: 05-Sep-2014
Links: Bailii,
References: [2014] UKUT 466 (AAC),

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Secretary of State for Work and Pensions -v- AK (CA); UTAA 11-Sep-2014

UTAA Other Current Benefits : Carer’s Allowance/Invalid Care Allowance – The appeal is dismissed. The decision of the First-tier Tribunal made on 1 August 2013 at Newton Abbot under Ref: SC129/13/01073 did not involve the making of a material error of law.

Court: UTAA
Date: 11-Sep-2014
Links: Bailii,
References: [2014] UKUT 415 (AAC),

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Secretary of State for Defence -v- PQ (WP); UTAA 8-Sep-2014

UTAA War Pensions and Armed Forces Compensation : Other

Court: UTAA
Date: 08-Sep-2014
Judges: Charles Turnbull UTJ
Links: Bailii,
References: [2014] UKUT 399 (AAC),

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Filed under Armed Forces, Benefits

Nienaltowski & Fifth Zone Ltd; UTAA 1-Sep-2014

UTAA Transport : Traffic Commissioner Cases

Court: UTAA
Date: 01-Sep-2014
Links: Bailii,
References: [2014] UKUT 386 (AAC),

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Filed under Transport

MP -v- Secretary of State for Work and Pensions (DLA), MP -v- Secretary of State for Work and Pensions (DLA); UTAA 19-Sep-2014

UTAA DLA, AA, MA: General : Severe Mental Disablement

Court: UTAA
Date: 19-Sep-2014
Links: Bailii,
References: [2014] UKUT 426 (AAC),

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Filed under Benefits

Mayfield (T/A LDF Recycling); UTAA 18-Sep-2014

UTAA Transport : Traffic Commissioner Cases – Unauthorised parking; loss of fitness to hold restricted licence; disqualification.

Court: UTAA
Date: 18-Sep-2014
Judges: Beech UTJ
Links: Bailii,
References: [2014] UKUT 424 (AAC),

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Filed under Transport

JS -v- JS -v- Secretary of State for Work and Pensions (ESA); UTAA 18-Sep-2014

UTAA Employment and Support Allowance : Regulation 29 – appeal allowed – referred back to new tribunal

Court: UTAA
Date: 18-Sep-2014
Judges: Wright UTJ
Links: Bailii,
References: [2014] UKUT 428 (AAC),

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Filed under Benefits

HK -v- Llanarth Court Hospital; UTAA 11-Sep-2014

UTAA Mental Health : All

Court: UTAA
Date: 11-Sep-2014
Statutes: Mental Health Act 1983 3
Links: Bailii,
References: [2014] UKUT 410 (AAC),

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Filed under Health

Blackburn With Darwen Borough Council -v- DA (HB); UTAA 25-Sep-2014

UTAA Housing and Council Tax Benefits : Payments That Are Eligible for HB

Court: UTAA
Date: 25-Sep-2014
Links: Bailii,
References: [2014] UKUT 431 (AAC),

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AB -v- DYRMS – An Academy With Military Traditions (DDS); UTAA 9-Sep-2014

UTAA Disability Discrimination In Schools : All

Court: UTAA
Date: 09-Sep-2014
Judges: Rowland UTJ
Links: Bailii,
References: [2014] UKUT 403 (AAC),

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Filed under Discrimination

Boot (T/A ABS); UTAA 8-Oct-2014

UTAA Transport : Traffic Commissioner Cases – Restricted Licence

Court: UTAA
Date: 08-Oct-2014
Links: Bailii,
References: [2014] UKUT 448 (AAC),

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Filed under Transport

AW -v- The Secretary of State (CSM); UTAA 9-Oct-2014

UTAA Child Support : Variation/Departure Directions: Other – the decision of the First-tier Tribunal involved the making of an error on a point of law.

Court: UTAA
Date: 09-Oct-2014
Links: Bailii,
References: [2014] UKUT 462 (AAC),

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Filed under Child Support

Secretary of State -v- MS and Inverclyde Council; UTAA 4-Sep-2014

UTAA Housing and Council Tax Benefits : Payments That Are Eligible for HB – The Secretary of State’s appeal is allowed.
The decision of the Greenock First-tier Tribunal of 8 October 2013 is set aside.
That decision is remade as follows:
The decision of Inverclyde Council of 14 March 2013 is confirmed.

Court: UTAA
Date: 04-Sep-2014
Links: Bailii,
References: [2014] UKUT 465 (AAC),

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Filed under Benefits

PE -v- Secretary of State for Work and Pensions (SPC); UTAA 1-Sep-2014

UTAA Income Support and State Pension Credit : Other: State Pension Credit

Court: UTAA
Date: 01-Sep-2014
Links: Bailii,
References: [2014] UKUT 387 (AAC),

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WC -v- Secretary of State for Work and Pensions (ESA); UTAA 1-Aug-2014

UTAA Employment and Support Allowance : Pre 28311 Wca Activity 17: Coping With Change

Court: UTAA
Date: 01-Aug-2014
Links: Bailii,
References: [2014] UKUT 363 (AAC),

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Twycross-v- King; 25-Nov-1844

Plaintiff, having delivered a replication to several pleas, concluding to the country as to each plea but traversing one with a special inducement, added the similiters, made up and delivered the issue, and gave notice of trial. Defendant struck out the similiters, and gave notice thereof to plaintiff, But did not deliver a rejoinder or notice of his intetition to rejoin. Afterwards defendant craved oyer of an indenture mentioned in the special inducement, and delivered a rejoinder with a demurrer to the replication containing that inducement, and a similiter as to the rest; and also gave notice that he should not appear on the trial, but should move to set aside any trial bad. Plaintiff proceeded to trial, and obtained a verdict, defendant not appearing. The Court set asidethe verdict and trial, with costs.

Date: 25-Nov-1844
Links: Commonlii,
References: [1844] EngR 1049, (1844) 6 QB 663, (1844) 115 ER 250

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Filed under Litigation Practice

Carmel Coaches Ltd and Others; UTAA 17-Oct-2014

UTAA Transport : Traffic Commissioner Cases – Failure to meet statement of intent when applying for an operator’s licence; unlawful use of operator discs; maintenance; good repute; professional competence; revocation; disqualification

Court: UTAA
Date: 17-Oct-2014
Judges: Beech UTJ
Links: Bailii,
References: [2014] UKUT 470 (AAC),

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Filed under Transport

Bulk Waste Management Ltd; UTAA 8-Oct-2014

UTAA Transport : Traffic Commissioner Cases – Financial Standing

Court: UTAA
Date: 08-Oct-2014
Links: Bailii,
References: [2014] UKUT 449 (AAC),

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Filed under Transport

RM -v- Secretary of State for Work and Pensions (IS); UTAA 9-Sep-2014

UTAA Income Support: Residence and Presence Conditions : Right To Reside – the claimant was a person from abroad with an applicable amount of nil. She was not entitled to income support.

Court: UTAA
Date: 09-Sep-2014
Links: Bailii,
References: [2014] UKUT 401 (AAC),

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ET -v- Secretary of State for Work and Pensions (II) (Tribunal Procedure and Practice (Including UT) : Tribunal Membership and Procedure); UTAA 15-Sep-2014

Tribunal’s decision set aside, because it was improperly constituted for a case about reduced earnings allowance.

Court: UTAA
Date: 15-Sep-2014
Judges: Ward UTJ
Links: Bailii,
References: [2014] UKUT 417 (AAC),

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SL -v- Renfrewshire Council; UTAA 13-Aug-2014

UTAA Housing and Council Tax Benefits : Occupation of The Home, Two Homes and Temporary Absence

Court: UTAA
Date: 13-Aug-2014
Judges: Cramichael QC UTJ
Statutes: Housing Benefit Regulations 2006 76(2) 80(3)(a)
Links: Bailii,
References: [2014] UKUT 411 (AAC),

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Filed under Benefits

Aylesbury (T/A MT Aylesbury); UTAA 9-Oct-2014

UTAA Transport : Traffic Commissioner Cases – Termination for Non Paymen

Court: UTAA
Date: 09-Oct-2014
Links: Bailii,
References: [2014] UKUT 450 (AAC),

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Filed under Transport

Sivyer (Transport Manager); UTAA 10-Sep-2014

UTAA Transport : Traffic Commissioner Cases – Tachograph records and drivers’ hours irregularities. Consequences of curtailment. Proportionality. Transport Managers’ Repute and Professional Competence.

Court: UTAA
Date: 10-Sep-2014
Links: Bailii,
References: [2014] UKUT 404 (AAC),

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Filed under Transport

Pilkington Asbestos Removal Services Ltd (Transport : Traffic Commissioner Cases); UTAA 4-Nov-2014

UTAA Transport : Traffic Commissioner Cases – Evidentially established and prejudicial advice, formally admitted by professional adviser.

Court: UTAA
Date: 04-Nov-2014
Judges: Hinchliffe UTJ
Links: Bailii,
References: [2014] UKUT 500 (AAC),

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Filed under Transport

Cooper -v- Grant; 24-Apr-1852

A warrant of attorney was attested by an attorney introduced by the plaintiff, and who had on one former occasion acted professionally for the plaintiff, and who afterwards acted as the plaintiff’s attorney in entering up judgment and issuing
execution upon the warrant of atttorney : The court set it aside.- In such a case, the court will not impose upon the defendant the terms of bringing no action.

Date: 24-Apr-1852
Links: Commonlii,
References: [1852] EngR 485, (1852) 12 CB 154, (1852) 138 ER 860

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Filed under Legal Professions

Earl of Winchelsea -v- Norcliff & Al; 1680

A guardian to an infant having a considerable sum of money in his hands, that
was raised out of the infant’s estate, lays out £2500 in a purchase taken in the name of IS for the benefit of the infant, if, when he came of age, he should agree thereto, and allow the trustees that money upon account. The infant dies under age. The question was whether the heir of the infant should have this estate, or whether it should be looked on as a security for £2500, and go to the executors and administrators of the infant ? As precedents for the heir were cited the cases of Palmer and Allicot,(1) and Dennis and Badd (Eq. Ca. Ab. 261, pl. 1; Ch Ca 156, SC), where a guardian buys in a mortgage on the infant’s estate, and takes an assignment of it in the names of trustees.
The Court inclined to the heir, but referred this to be stated as a case by the Master. And in this case the court held, that where a person entitled to a share of an intestate’s estate dies before distribution, and within the year, there was an interest vested, and that his share should go to his executor or administrator.
In this case also the Court was of opinion, that where there is a brother of the whole blood to the intestate, and a sister of the half blood, the sister should have but half a share.

Date: 01-Jan-1680
Links: Commonlii,
References: [1680] EngR 88, (1680-1687) 1 Vern 403, (1680) 23 ER 545

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Filed under Children, Wills and Probate

Smales (T/A Angus Smales Eventing); UTAA 22-Sep-2014

UTAA Transport : Traffic Commissioner Cases – Application for standard international licence; delay in nominating a Transport Manager; the ability of the nominated Transport Manager to exercise continuous and effective management.

Court: UTAA
Date: 22-Sep-2014
Links: Bailii,
References: [2014] UKUT 425 (AAC),

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Filed under Transport

Browne -v- Downing; 1676

Action sur la case sur assumpsit de estoier al agard de J. S. fuit resolve in cest case per totam Curiam, que mutual promise de estoier al agard de tiel homes est bon a liera eux d’estoier accordant a ceo sans ascun argent due al temps del’ promise, et Dodridge dit, que in cest case si le arbitrator agard, que un del’ parties paiera argent, & que le auter faire auter chose que ceo nest bon agard, quare de cest opinion.

Date: 01-Jan-1676
Links: Commonlii,
References: [1676] EngR 71, (1676) 2 Rolle 194, (1676) 81 ER 745

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Filed under Litigation Practice