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North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question … Continue reading North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013

London Fire Commissioner v Bupa Care Homes (ANS) Ltd: CACD 17 Nov 2022

Bupa appealed from a finding that they had caused the death of a care home resident. Judges: Lady Justice Carr Mrs Justice May And His Honour Judge Edmunds KC Citations: [2022] EWCA Crim 1508 Links: Bailii Statutes: Regulatory Reform (Fire Safety) Order 2005, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 Jurisdiction: England … Continue reading London Fire Commissioner v Bupa Care Homes (ANS) Ltd: CACD 17 Nov 2022

Healthcare At Home Ltd v The Common Services Agency: SCS 21 Mar 2013

Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. Judges: Lord Justice Clerk, Lord Clarke, Lady Smith Citations: [2013] ScotCS CSIH – 22 Links: Bailii Statutes: Scottish Health Service (National Health Service (Scotland) Act 1978 10(1), Directive 2004/18/EC Jurisdiction: Scotland Citing: Outer House … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 21 Mar 2013

Playboy Club London Ltd and Others v Banca Nazionale Del Lavoro Spa: QBD 10 Jul 2014

The claimant casino alleged negligence by the defendant bank in a reference it had given for a mutual customer, leading to substantial losses. The requests was made on behalf of the claimant by a third party acting as its undisclosed agent. The customer had opened an account with the bank but had never deposited any … Continue reading Playboy Club London Ltd and Others v Banca Nazionale Del Lavoro Spa: QBD 10 Jul 2014

Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012

Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. Judges: Lord Hodge Citations: [2012] ScotCS CSOH – 75 Links: Bailii Statutes: Public Contracts (Scotland) Regulations 2006 47A(1)(b)(I), Directive 2004/18/EC Jurisdiction: Scotland Citing: Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011 Outer House … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012

One Step (Support) Ltd v Morris-Garner and Another: QBD 7 Jul 2014

The defendant had sold her interest in the claimant company, undertaking not to compete. The claimant now sought damages alleging a breach. Held: The defendants had acted in breach of contract by breaching the non-compete covenants (although less extensively than had been assumed in the expert reports) between August 2007 and 20 December 2009, that … Continue reading One Step (Support) Ltd v Morris-Garner and Another: QBD 7 Jul 2014

Your Response Ltd v Datateam Business Media Ltd: CA 14 Mar 2014

The claimant employed the defendant to manage subscription lists for the claimant’s magazines. The claimant came to seek damages, and the defendant for non-payment of its invoices. The court was now asked whether it was possible to assert a common law possessory lien over the computer database now retained by the defendant. Held: The publisher’s … Continue reading Your Response Ltd v Datateam Business Media Ltd: CA 14 Mar 2014

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

In re X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014

Extension of Time for Parental Order The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the applicants) had separated for a short time. Held: The … Continue reading In re X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014

OPO v MLA and Another: QBD 18 Jul 2014

A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014

Rusling v Revenue and Customs: FTTTx 18 Jul 2014

INCOME TAX – enquiry and discovery assessments- appellant subjected to a fraud – profit/interest credited to appellant by the fraudster through post-dated cheques amounted to interest and taxable where the cheques were not rolled over – appellant acted carelessly – discovery assessment valid – case allowed in part. Citations: [2014] UKFTT 692 (TC) Links: Bailii … Continue reading Rusling v Revenue and Customs: FTTTx 18 Jul 2014

NA v Nottinghamshire County Council: QBD 2 Dec 2014

The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents. Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation and quantum of damages to be dealt with later if necessary. As to limitation, … Continue reading NA v Nottinghamshire County Council: QBD 2 Dec 2014

Pullan v Wilson and Others: ChD 28 Jan 2014

The court was asked difficult questions concerning the reasonableness of the remuneration charged to a number of family trusts by a professional trustee. Held: Excessive claims for fees had been made, and the trustees were ordered to repay part of their fees. Judges: Judge Hodge QC Citations: [2014] EWHC 126 (Ch), [2014] WLR(D) 107 Links: … Continue reading Pullan v Wilson and Others: ChD 28 Jan 2014

Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their … Continue reading Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016

Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: SC 2 Aug 2017

The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders responsible for at least some of it? The local authorities now appealed. The … Continue reading Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: SC 2 Aug 2017

Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: Admn 11 Mar 2014

The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted. Held: The review was granted. The services prohibited by section 49 for local authorities to provide … Continue reading Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: Admn 11 Mar 2014

Healthcare At Home Ltd v The Common Services Agency: SCS 1 Feb 2011

Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. Judges: Lord Menzies Citations: [2011] ScotCS CSOH – 22 Links: Bailii Statutes: Public Contracts (Scotland) Regulations … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 1 Feb 2011

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

Armes v Nottinghamshire County Council: SC 18 Oct 2017

The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017

Barton v Wright Hassall Llp: SC 21 Feb 2018

The claimant, a litigant in person, purported to serve his statement of claim by email, but had not first sought the defendant’s agreement as required. The solicitors allowed the limitation period to expire without acknowledging service. The claimant now appealed against his claim being struck out for limitation. Held: The appeal failed. The decision was … Continue reading Barton v Wright Hassall Llp: SC 21 Feb 2018

Jeunesse v The Netherlands: ECHR 3 Oct 2014

(Grand Chamber) Although the applicant had married and had three children while her immigration status in the Netherlands was precarious, there were exceptional circumstances such that a fair balance had not been struck between the competing interests involved: the husband and three children were all citizens of the Netherlands with the right to enjoy family … Continue reading Jeunesse v The Netherlands: ECHR 3 Oct 2014

Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service: ECJ 18 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 92/50/EEC – Articles 1(c) and 37 – Directive 2004/18/EC – First subparagraph of Article 1(8) and Article 55 – Concepts of ‘service provider’ and ‘economic operator’ – Public university hospital – Entity with legal personality and business and organisational autonomy – … Continue reading Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service: ECJ 18 Dec 2014

Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints. Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article … Continue reading Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Keyse v Commissioner of the Police for the Metropolis, Scutts: CA 18 May 2001

The court considered liability where a police car on emergency duty hit Mr Scutts causing very serious injuries. The officer appealed against a finding of liability saying that the judge had declared irrelevant the fact he was on an emergency response. Held: The officer’s appeal was allowed: ‘even in an emergency, a driver is required … Continue reading Keyse v Commissioner of the Police for the Metropolis, Scutts: CA 18 May 2001

Care Quality Commission (Decision Notice): ICO 17 Mar 2014

The complainant has requested information about a named Compliance Inspector’s medical qualifications and experience. The Care Quality Commission withheld the information, citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Care Quality Commission has correctly applied this exemption and … Continue reading Care Quality Commission (Decision Notice): ICO 17 Mar 2014

Itchen Sash Window Renovation Ltd v Revenue and Customs: FTTTx 30 May 2014

FTTTx VALUE ADDED TAX – reduced rate on supplies of energy-saving materials – weather stripping services supplied with other services generally related to renovation of windows – whether composite or separate supplies – held that where weather stripping services were invoiced for separate prices they were separate supplies, otherwise they were elements of composite supplies … Continue reading Itchen Sash Window Renovation Ltd v Revenue and Customs: FTTTx 30 May 2014

Agricultural Land Management Ltd v Jackson (No 2): 2 May 2014

(Supreme Court of Western Australia) Equity – Fiduciary duties – Whether mere existence of conflict is actionable – Whether a breach of conflict rule requires a fiduciary actually to act in a position of conflict and pursue or prefer a personal interest – Judgment pars [263] – [275] Equity – Fiduciary duties – Whether a … Continue reading Agricultural Land Management Ltd v Jackson (No 2): 2 May 2014

Hounga v Allen and Another: SC 30 Jul 2014

The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014

Michael Adams and Frederick Lawrence v Regina: PC 18 Mar 2002

PC (Jamaica) The defendants appealed against convictions for non-capital murder. Because of delays, the defendants had served almost the full minimum sentence. Held: The trial judge had heard a plea of no case to answer before the jury. This was incorrect. The court of appeal had applied the proviso to maintain the convictions, and an … Continue reading Michael Adams and Frederick Lawrence v Regina: PC 18 Mar 2002

Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022

Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022

Centre For Legal Resources on behalf of Valentin Campeanu v Romania: ECHR 17 Jul 2014

ECHR Grand Chamber – Article 34 Locus standi Standing of non-governmental organisation to lodge application on behalf of deceased mental patient Article 2 Positive obligations Failure to provide adequate care for HIV positive mental patient: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent State required to take general measures … Continue reading Centre For Legal Resources on behalf of Valentin Campeanu v Romania: ECHR 17 Jul 2014

VI, Regina (on The Application of) v London Borough of Lewisham: Admn 15 Aug 2018

The Claimant applies for judicial review of an assessment (or reassessment) of needs completed by the Defendant London Borough of Lewisham pursuant to section 9 of the Care Act 2014 Judges: Andrew Henshaw QC Citations: [2018] EWHC 2180 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government Updated: 26 April 2022; Ref: scu.621164

Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Starbev GP Ltd v Interbrew Central European Holding Bv: ComC 18 Dec 2013

Challenge to assertion of litigation privilege.Hamblen J said: ’11. The legal requirements of a claim to litigation privilege may be summarised as follows: (1) The burden of proof is on the party claiming privilege to establish it – see, for example, West London Pipeline and Storage v Total UK [2008] 2 CLC 258 at [50]. … Continue reading Starbev GP Ltd v Interbrew Central European Holding Bv: ComC 18 Dec 2013

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014

Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014

Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

Banca Nazionale Del Lavoro Spa v Playboy Club London Ltd and Others: SC 26 Jul 2018

The Playboy casino required a reference for a customer, but asked for this through a third party. The bank was not aware of the agency but gave a good reference for a customer who had never deposited any money with them and nor to whom it had issued cheques. Playboy sought damages under the reference. … Continue reading Banca Nazionale Del Lavoro Spa v Playboy Club London Ltd and Others: SC 26 Jul 2018

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017

The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017

AA v Entry Clearance Officer (Addis Ababa): SC 18 Dec 2013

The appellant child, AA sought entry as the de facto adopted child of his sponsor who had previously been given refugee status. The sponsor had taken parental responsibility of AA under the Islamic Kafala procedure. AA had been admitted under human rights law, but submitted that this was less than should apply under immigration law. … Continue reading AA v Entry Clearance Officer (Addis Ababa): SC 18 Dec 2013

G v Scottish Ministers and Another: SC 18 Dec 2013

The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been convicted of serious sexual and violent offences and detained under a … Continue reading G v Scottish Ministers and Another: SC 18 Dec 2013

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Welsh Ministers v PJ: SC 17 Dec 2018

A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose conditions in a CTO which amount to the deprivation of his liberty within the meaning of article … Continue reading Welsh Ministers v PJ: SC 17 Dec 2018

Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

ECHR Article 8-1 Respect for family life Refusal of claim by grandparents for custody of their grandchildren: inadmissible Facts – The first and second applicants were the grandparents of the third and fourth applicants, who were born in 2006 and 2005 respectively. In 2008 the children’s mother and in 2011 their father left the household … Continue reading Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

Amirov v Russia: ECHR 27 Nov 2014

ECHR Article 34 Hinder the exercise of the right of petition Failure to comply with interim measure indicated by the Court: violation Article 3 Degrading treatment Inhuman treatment Lack of adequate medical care of seriously ill detainee: violation Article 46 Article 46-2 Execution of judgment Individual measures Respondent State required to transfer disabled applicant to … Continue reading Amirov v Russia: ECHR 27 Nov 2014

McAreavey v Director of Border Revenue: FTTTx 12 Dec 2014

FTTTx Excise Duty – importation of tobacco products – concealment – seizure and confiscation of tobacco – CEMA 1979 – excise duty assessment under Finance Act 1994 s 12 (1A) – no valid grounds of appeal presented – appeal disallowed. [2014] UKFTT 1095 (TC) Bailii England and Wales Customs and Excise Updated: 24 December 2021; … Continue reading McAreavey v Director of Border Revenue: FTTTx 12 Dec 2014

General Healthcare Group Ltd v Revenue and Customs: FTTTx 9 Dec 2014

FTTTx PROCEDURE – lead case direction – rule 18, Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 -direction for disposal of related case under rule 18(5) – whether facts of related case materially different from those in lead case – scope of jurisdiction of tribunal under rule 18(5) [2014] UKFTT 1087 (TC) Bailii England and … Continue reading General Healthcare Group Ltd v Revenue and Customs: FTTTx 9 Dec 2014

Greenway and Others v Johnson Matthey Plc: QBD 26 Nov 2014

The five claimants had been employed by the defendant. Whilst at work, and in breach of Health an Safety regulations, they had been exposed to complex halogenated platinum salts, and now claimed a sensitisation to such salts. The defendant argued that the sensitisation was not an injury capable of founding a claim. Held: The claims … Continue reading Greenway and Others v Johnson Matthey Plc: QBD 26 Nov 2014

Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers … Continue reading Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

LBX v TT and Others: CoP 29 Jul 2014

The local aurthority wanted to seek orders as to the care of a 19 year old young woman with moderate learning difficulties after she had made allegations of sexual assault against her step father. The court considered applications as to her capacity to conduct the case. Cobb J [2014] EWCOP 24 Bailii Health, Litigation Practice … Continue reading LBX v TT and Others: CoP 29 Jul 2014

Florea v The Judicial Authority Carei Courthouse, Satu Mare County, Romania: Admn 30 Jul 2014

The claimant challenged his proposed extradition to Romania saying that prison overcrowding there would breach his human rights. Rafferty LJ, Blake J [2014] EWHC 2528 (Admin), [2014] WLR(D) 356, Bailii, WLRD Extradition Act 2003 21, European Convention on Human Rights 3 Extradition, Human Rights Updated: 18 December 2021; Ref: scu.535531

Whapples, Regina (on The Application of) v Birmingham Crosscity Clinical Commissioning Group and Another: Admn 30 Jul 2014

The claimant, suffereing a severe medical condition, sought an order requiring the defendant to include as part of her healthcare package, the provision of a suitably adapted accomodation. Held: The claim failed. It would require special circumstances to support a finding that a clinical commissioning group had acted unlawfully or irrationally in deciding that the … Continue reading Whapples, Regina (on The Application of) v Birmingham Crosscity Clinical Commissioning Group and Another: Admn 30 Jul 2014

Hunt and Others v Optima (Cambridge) Ltd and Others: CA 31 Jul 2014

The claimants had bought apartments in a new-build block, developed by the first defendants with other defendants acting as architectural supervisors of the works. They alleged that the building were poorly constructed. The defendant architects said that the sales had been completed long before their certificates were issued and that therefore they were not liable. … Continue reading Hunt and Others v Optima (Cambridge) Ltd and Others: CA 31 Jul 2014

GW v A Local Authority and Another: CoP 31 Jul 2014

A 48 year old woman, suffering Huntington’s Disease appealed against a decision in the Court of Protection, raising two issues: (1) whether the learned judge erred in law in concluding that GW lacks capacity to leave and return to her residence unescorted and to make decisions concerning her care and residence and (2) whether the … Continue reading GW v A Local Authority and Another: CoP 31 Jul 2014

Sylka v Poland (Dec): ECHR 3 Jun 2014

ECHR Article 35-3-b No significant disadvantage Applicability of no significant disadvantage admissibility criterion in freedom of expression case: inadmissible Facts – The applicant was stopped in his car by police officers for not wearing a seat belt. A dispute ensued in which the applicant allegedly told the officers that he would not ‘descend to their … Continue reading Sylka v Poland (Dec): ECHR 3 Jun 2014

SIAC Construction v County Council of the County of Mayo: ECJ 18 Oct 2001

ECJ Public works contracts – Award to the most economically advantageous tender – Award criteria.There was a disagreement between the parties as to the interpretation of tender documents. Held: The award criteria must be formulated, in the contract documents or the contract notice, in such a way as to allow all reasonably well-informed and normally … Continue reading SIAC Construction v County Council of the County of Mayo: ECJ 18 Oct 2001

Nabili v Norfolk Community Health and Care NHS Trust: EAT 18 Feb 2014

EAT Practice and Procedure : Striking-Out or Dismissal – The Employment Judge erred, on a strike out application in respect of a claim of unfair dismissal, in asking the ‘prohibited’ question identified in Polkey. He asked whether an, apparent, procedural flaw would, if corrected, have made any difference to the outcome rather than whether it … Continue reading Nabili v Norfolk Community Health and Care NHS Trust: EAT 18 Feb 2014

General Healthcare Group Ltd v Revenue and Customs: FTTTx 16 Apr 2014

FTTTx PROCEDURE – rule 18 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – binding effect of lead case in respect of common or related issues – lead case appeal dismissed but no appeal to Upper Tribunal – related case appellant arguing (a) lead case decision wrong in law, and (b) related case … Continue reading General Healthcare Group Ltd v Revenue and Customs: FTTTx 16 Apr 2014

Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Briggs LJ [2014] EWCA Civ 183, [2014] PNLR 420 Bailii Trustee Act 1925 61 England and Wales Citing: Appeal from – Santander UK Plc v RA Legal Solicitors (A Firm) QBD 23-May-2013 The claimant bank said that it had been the subject of a mortgage fraud, and that the defendant solicitors had acted for the … Continue reading Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014

Section 66(1) of the 1990 Act requires a decision-maker to give ‘the desirability of preserving the building or its setting’ not merely careful consideration but considerable importance and weight when balancing the advantages of the proposed development against any harm from wind fram developnent.. Sullivan LJ [2014] 1 PandCR 22, [2014] EWCA Civ 137 Bailii … Continue reading Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014

Secretary of State for Justice v MM: SC 28 Nov 2018

The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013

The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder. Held: The position in law that voluntary euthanasia was murder, and as to whether the doctrine of necessity provided a defence was … Continue reading Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013

Gene Onyx Limited (Patent): IPO 8 Oct 2014

PCT application WO2013/093407 entitled ‘Product selection using genetic analysis’ entered the UK national phase as application GB1313219.6. It relates to a method of using genetic analysis to assess the suitability of active ingredients in skincare, cosmetic, cosmeceutical or nutricosmetic products for use by an individual. The method associates the cosmetically active agent with the individual … Continue reading Gene Onyx Limited (Patent): IPO 8 Oct 2014

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal of damages for malicious prosecution, wrongful arrest and false imprisonment. Held: The appeal failed. The … Continue reading Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

Sugarman and Others v CJS Investments Llp and Others: CA 19 Sep 2014

The parties were apartment owners in a development, each owning shares in the management company. They disputed the interpreation of the Articles as to whether the owner of more than one apartment was still restricted to one vote at member meetings, or had a number of votes equal to the number of apartments. The articles … Continue reading Sugarman and Others v CJS Investments Llp and Others: CA 19 Sep 2014

Braganza v BP Shipping Ltd: SC 18 Mar 2015

The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015

Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

The court was asked whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives. Held: It … Continue reading Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

Effect of Contract Frustration The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war. Held: The court considered how the frustration of the performance of a contract affected the obligations under it. Lord Ratcliffe said: ‘frustration occurs whenever the law recognises … Continue reading Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

J and M Interiors (Scotland) Ltd v Revenue and Customs: FTTTx 13 Feb 2014

FTTTx CONSTRUCTION INDUSTRY SCHEME – failure to deduct tax from payments made to sub-contractors – whether contractor took reasonable care – yes – whether error made in good faith – yes – appeal allowed – Regulation 9 Income Tax (Construction Industry Scheme) Regulations 2005 [2014] UKFTT 183 (TC) Bailii England and Wales Income Tax, Construction … Continue reading J and M Interiors (Scotland) Ltd v Revenue and Customs: FTTTx 13 Feb 2014

A Primary Care Trust v P and Others: Misc 21 Dec 2009

(Court of Protection) The court was asked whether, if P could be found to lack mental capacity where he should live, where there was an essential conflict between representatives of the State who owe statutory duties to P on the one hand, and the view of his carer of 18-plus years standing on the other, … Continue reading A Primary Care Trust v P and Others: Misc 21 Dec 2009