MB v Secretary of State (Education): UTAA 19 Sep 2013
Care standards Citations: [2013] UKUT 510 (AAC) Links: Bailii Statutes: Education Act 2002 142 Jurisdiction: England and Wales Education Updated: 19 September 2022; Ref: scu.516818
Care standards Citations: [2013] UKUT 510 (AAC) Links: Bailii Statutes: Education Act 2002 142 Jurisdiction: England and Wales Education Updated: 19 September 2022; Ref: scu.516818
The local authority changed its policy on admissions to secondary schools, so that children living nearer a school were given priority over children with siblings already at the school. The school admissions appeal panel overruled decisions made under the policy, and the authority appealed. Held: The policy was lawful under the Act. The panel’s power … Continue reading Hounslow London Borough Council v School Admission Appeals Panel for Hounslow London Borough Council: CA 25 Jun 2002
The claimant teacher challenged the decision of the respondent, taken under section 142 of the 2002 Act, to bar him from working with children. . .
Appeal from a direction by the Secretary of State under section 142 Education Act 2002 that his name be included on the list of people prohibited from working with children because of his unsuitability. . .
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was made that no prosecution would follow. The claimant’s solicitors asked to be allowed to represent him … Continue reading G, Regina (on The Application of) v X School: SC 29 Jun 2011
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to take disciplinary proceedings without allowing him legal representation. The school now appealed … Continue reading G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003
The mother appealed against refusal of a specific issue order requested to allow her to remove the four children with her from Cleveland to Stronsay in the Orkneys. Both parents were GPs and accepted to be excellent parents. She and her new partner had accepted an offer to work as GPs on Stronsay. Held: The … Continue reading In re F (Children): CA 27 Oct 2010
The case of Malcolm has overruled Novacold. Toulson LJ said: ‘In Malcolm the House of Lords was concerned with the construction of the same phrase in Part III of the Act. It overruled the decision in Clark v Novacold and held that the proper comparator was someone who had behaved in the same way as … Continue reading N, Regina (on the Application of) v London Borough of Barking and Dagenham Independent Appeal Panel: CA 24 Feb 2009
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
References: [2010] UKUT 174 (TCC), [2010] BPIR 933, [2010] BTC 1548, [2010] STI 1723, [2010] STC 2020 Links: Bailii Coram: Warren J P Ratio: UTTC JUDICIAL REVIEW – the concession of ‘equitable liability’ known as the Noble practice – standing to bring judicial review proceedings – no.The bankrupt objected to the attempted proof by the … Continue reading Singh v HM Revenue and Customs; UTTC 15 May 2010
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