Click the case name for better results:

Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd Gleeds Management Services Ltd: QBD 25 Jan 2006

It is not necessary for a party to seek permission to rely upon an expert’s report, when disclosed by another party, even though the court has not given anyone specific permission to do so. Judges: His Honour Peter Coulson QC Citations: [2006] EWHC 43 (TCC) Links: Bailii Jurisdiction: England and Wales Cited by: See Also … Continue reading Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd Gleeds Management Services Ltd: QBD 25 Jan 2006

Donaldson v Hays Distribution Services Limited Cb Hillier Parker Management Services Limited Cb Hillier Parker Limited National Britannia Health and Safety Limited: OHCS 25 Feb 2004

Judges: Lord Menzies Citations: [2004] ScotCS 44 Links: Bailii Jurisdiction: Scotland Cited by: See Also – Candace Donaldson v Hays Distribution Services Limited C B Hillier Parker Management Services Limited and C B Hillier Parker Limited National Britannia Health and Safety Limited OHCS 14-Jun-2005 A visitor who was crushed between a lorry and a loading … Continue reading Donaldson v Hays Distribution Services Limited Cb Hillier Parker Management Services Limited Cb Hillier Parker Limited National Britannia Health and Safety Limited: OHCS 25 Feb 2004

Evans (HM Inspector of Health and Safety) v Petrofac Facilities Management Ltd (Extension of Time : Reasonably Practicable): EAT 10 Mar 2020

The Respondents lodged a Notice of Appeal against a Prohibition Notice under the Health and Safety at Work Act 1974. Rule 105(1)(a) of the Tribunal Rules 2013 gave the Respondents 21 days to appeal. Rule 105(1)(b) gave the Employment Tribunal a discretion to excuse lateness provided it was not reasonably practicable to lodge the Notice … Continue reading Evans (HM Inspector of Health and Safety) v Petrofac Facilities Management Ltd (Extension of Time : Reasonably Practicable): EAT 10 Mar 2020

Health and Social Care Board (Decision Notice): ICO 12 Jun 2012

ICO The complainant has requested copies of the executive summaries of the case management reviews (CMRs) completed since 22 October 2010. The Health and Social Care Board (HSCB) advised the complainant that the main reason for withholding information was that individuals could be identified from it. However, it also cited the exemptions at sections 30, … Continue reading Health and Social Care Board (Decision Notice): ICO 12 Jun 2012

Sutcliffe v BMI Healthcare Ltd: CA 18 May 2007

The claimant had undergone an operation, after which he slept with the assistance of self administered morphine. Whilst asleep, he vomited, but did not awake to expel it, and he uffered massive brain damage. Held: The judge had dealt properly with the evidence on rousability, and he had been correct to accept evidence of the … Continue reading Sutcliffe v BMI Healthcare Ltd: CA 18 May 2007

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: TCC 8 Nov 2012

Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability under the contract. Held: The mistake had been innocent, but the ‘basis’ clause … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: TCC 8 Nov 2012

CFS Management Services Ltd v Thomas: EAT 11 Jul 2012

EAT UNFAIR DISMISSAL – Reasonableness of dismissalThe Claimant was dismissed for ill-health. He was entitled, while in employment, under an income protection scheme to be paid 66 per cent of his salary while fully unable to work and a lesser proportion if partially unable to work. He was absent ill for a series of substantial … Continue reading CFS Management Services Ltd v Thomas: EAT 11 Jul 2012

Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007

The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007

JK v Revenue and Customs (Procedure : Application for Anonymity – Mental Health Issues): FTTTx 27 Jun 2019

PROCEDURE – application for anonymity – mental health issues – risk of reputational damage – application REFUSED – this decision anonymised to give appellant choice whether to proceed with appeal and/or seek permission to appeal this decision Citations: [2019] UKFTT 411 (TC), [2019] SFTD 1094, [2019] STI 1319 Links: Bailii Jurisdiction: England and Wales Taxes … Continue reading JK v Revenue and Customs (Procedure : Application for Anonymity – Mental Health Issues): FTTTx 27 Jun 2019

Medicines and Healthcare Products Regulatory Agency (Health (Other)) FS50551403: ICO 3 Feb 2015

The complainant has requested information about the record management policies of the Medicines and Healthcare Products Regulatory Agency (MHRA). The MHRA refused to comply with the three related requests as it considered them to be vexatious under section 14 of the FOIA. The Commissioner’s decision is that the requests are vexatious and that the MHRA … Continue reading Medicines and Healthcare Products Regulatory Agency (Health (Other)) FS50551403: ICO 3 Feb 2015

Joao v Jurys Hotel Management UK Ltd: EAT 11 Oct 2011

EAT Victimisation Discrimination : Health and SafetyThe Respondent rostered the Claimant to work nine consecutive nights and dismissed him after he complained. Under WTR Reg 11 this pattern is apparently not unlawful. The Employment Tribunal failed to consider whether the Claimant reasonably believed it was, concluding that, since it was not unlawful, no-one could think … Continue reading Joao v Jurys Hotel Management UK Ltd: EAT 11 Oct 2011

Haven Healthcare (Southern) Ltd v York (HM Inspector of Taxes): ChD 21 Oct 2005

The Inspector sought to strike out the taxpayers appeal against a refusal to state a case as being out of time. The taxpayer replied that his complaint that the Commissioners had failed to give adequate reasons for their decision was an error of law. Held: The taxpayer’s appeal was struck out. The General Commissioners were … Continue reading Haven Healthcare (Southern) Ltd v York (HM Inspector of Taxes): ChD 21 Oct 2005

London Ambulance Service NHS Trust (Health): ICO 11 Sep 2019

The complainant requested information relating to the outcome of an exercise carried out by the Contacts Management Team at the Trust with the contractor Interserve (Make Ready Contract). The Commissioner considers that the Trust has breached section 10(1) FOIA in the handling of this request. The Commissioner requires the public authority to provide the complainant … Continue reading London Ambulance Service NHS Trust (Health): ICO 11 Sep 2019

Mirza v Birmingham Health Authority: QBD 31 Jul 2001

The claimant had undergone heart surgery as an infant in 1976, and claimed damages for professional negligence. The procedure involved a dangerous procedure, a resection of coarctation. As a consequence, the Claimant suffered a number of problems associated with neurological deficit and partial paraplegia. Held: As to limitation, the knowledge required to satisfy s.14(1)(b) is … Continue reading Mirza v Birmingham Health Authority: QBD 31 Jul 2001

Johnston v Royal Group Of Hospitals and Dental Hospitals Health and Social Trust: NIIT 19 Jun 2009

Citations: [2009] NIIT 851 – 06IT Links: Bailii Jurisdiction: Northern Ireland Citing: Cited – Project Management Institute v Latif EAT 10-May-2007 EAT The Appellant is a qualifying body, subject to section 14 of the Disability Discrimination Act. The Tribunal found that it had failed to make a reasonable adjustment in the arrangements it made for … Continue reading Johnston v Royal Group Of Hospitals and Dental Hospitals Health and Social Trust: NIIT 19 Jun 2009

NHS West Sussex Clinical Commissioning Group (Health): ICO 17 May 2021

The complainant requested from NHS West Sussex CCG (the CCG) information related to its structure and the relationships among some particular teams within the CCG. The CCG disclosed part of the information held, withheld names of some post holders in organisational charts under section 40(2) (personal information) of FOIA and stated that it did not … Continue reading NHS West Sussex Clinical Commissioning Group (Health): ICO 17 May 2021

ABN AMRO Management Services Ltd and Another v Hogben: EAT 1 Nov 2009

EAT AGE DISCRIMINATIONPRACTICE AND PROCEDURE – Striking-outAppeal against refusal of Employment Judge to strike out three heads of an age discrimination claim; cross-appeal against striking-out of fourth.(1) Judge wrong not to strike out claim of discriminatory selection of redundancy when claim was prima facie implausible and there were no facts indicative of such discrimination.(2) Judge … Continue reading ABN AMRO Management Services Ltd and Another v Hogben: EAT 1 Nov 2009

Cavendish Munro Professional Risks Management Ltd v Geduld (Rev 1): EAT 6 Aug 2009

EAT VICTIMISATION DISCRIMINATION: Protected disclosureThe claimant, who had less than one year’s continuous employment fell out with his fellow directors and equal shareholders. He was removed as a director. His solicitors wrote on his behalf stating that they had given advice to their client as a shareholder, director and employee. The Employment Tribunal erred in … Continue reading Cavendish Munro Professional Risks Management Ltd v Geduld (Rev 1): EAT 6 Aug 2009

F v West Berkshire Health Authority: CA 3 Feb 1989

An application was made for a declaration that a proposed sterilisation of an adult woman who could not give consent would be lawful. Held: It would not.Lord Donaldson of Lymington MR: ‘Just as the law and the courts rightly pay great, but not decisive, regard to accepted professional wisdom in relation to the duty of … Continue reading F v West Berkshire Health Authority: CA 3 Feb 1989

Mezey v South West London and St George’s Mental Health NHS Trust: QBD 5 Dec 2008

The claimant psychiatrist allowed freedom within the insecure grounds of the hospital to a newly admitted but unexamined patient. He left and committed a homicide. She was suspended pending disciplinary proceedings by the Trust. An expert report found minor faults but suggested no further action, and the claimant sought confirmation that the matter was closed. … Continue reading Mezey v South West London and St George’s Mental Health NHS Trust: QBD 5 Dec 2008

The Corps of Commissionaires Management Ltd v Hughes: EAT 22 Oct 2008

EAT WORKING TIME REGULATIONS The claimant, who worked as a security officer, made a claim for compensatory rest under the Working Time Regulations. Under regulation 12 of those regulations, it is provided that ‘where a worker’s daily working time is more than six hours he is entitled to a rest break’. Such a break is … Continue reading The Corps of Commissionaires Management Ltd v Hughes: EAT 22 Oct 2008

Healthcare at Home Ltd v Revenue and Customs: VDT 25 Sep 2007

VDT VALUE ADDED TAX – drugs administered to patients by nurses in patients’ homes – training by nurses of patients enabling patients to self-administer drugs – whether zero-rated supplies of drugs or exempt supplies of medical care – VAT Directive art 132(1)(b), (c) – VATA Sch 8, Group 12, Sch 9 Group 7 – Beynon … Continue reading Healthcare at Home Ltd v Revenue and Customs: VDT 25 Sep 2007

Project Management Institute v Latif: EAT 10 May 2007

EAT The Appellant is a qualifying body, subject to section 14 of the Disability Discrimination Act. The Tribunal found that it had failed to make a reasonable adjustment in the arrangements it made for sitting an examination. In so doing the Tribunal misdirected itself on certain aspects of law. However, the EAT held that these … Continue reading Project Management Institute v Latif: EAT 10 May 2007

MacCartney v Oversley House Management: EAT 31 Jan 2006

EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006

Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd. and Another (No. 2): TCC 15 Mar 2006

The parties were awaiting the handing down of the judgment, and were negotiating and settled their differences. Held: Whilst the court welcomed settlements, a good deal of judicial time had been wasted. Parties entering into negotiations which they anticipate will settle the matter, should notify the court so that the judge might delay working on … Continue reading Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd. and Another (No. 2): TCC 15 Mar 2006

Arjomand-Sissan v East Sussex Healthcare NHS Trust: EAT 17 Apr 2019

VICTIMISATION DISCRIMINATION – Protected disclosure The Claimant was employed by the Respondent as an Information Management and Technology Manager between December 2005 and February 2016 when he resigned. By his claim presented in August 2015 and subsequently amended, he made complaints of race discrimination, unfair dismissal and whistleblowing. The latter comprised claims of detriments suffered … Continue reading Arjomand-Sissan v East Sussex Healthcare NHS Trust: EAT 17 Apr 2019

Perkin v St Georges Healthcare NHS Trust: CA 12 Oct 2005

A senior employee had been dismissed because his manner and management style had led to a breakdown in his relationships with other members of the senior executive team. The employment tribunal had considered whether his dismissal for that reason had been unfair but had not decided whether the reason for his dismissal could be characterised … Continue reading Perkin v St Georges Healthcare NHS Trust: CA 12 Oct 2005

Southern Health and Social Care Trust (Decision Notice): ICO 17 Apr 2013

The complainant has requested information regarding complaints made against senior management in the Southern Health and Social Care Trust (the Trust) within the last five years. The Trust refused to disclose some of the requested information (- the withheld information-?) citing section 40(2) of FOIA by virtue of section 40(3)(a)(i) as a basis for non-disclosure. … Continue reading Southern Health and Social Care Trust (Decision Notice): ICO 17 Apr 2013

XYZ v Schering Health Care: Oral Contraceptive Litigation: SCCO 31 Mar 2004

Citations: [2004] EWHC 90026 (Costs) Links: Bailii Citing: See Also – Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation CA 21-Dec-2001 Claimants sought damages for personal injuries after immunisation with the MMR vaccine. . … Continue reading XYZ v Schering Health Care: Oral Contraceptive Litigation: SCCO 31 Mar 2004

Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

Claimants sought damages for personal injuries after immunisation with the MMR vaccine. Citations: [2001] EWCA Civ 2027 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Citing: Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987 The powers in the section together with the power to make orders for costs under … Continue reading Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

XYZ and others v Schering Health: QBD 29 Jul 2002

The court heard seven lead claims in group litigation against three drug companies in respect of their combined oral contraceptive products. Judges: Mackay J Citations: [2002] EWHC 1420 (QB), (2002) 70 BMLR 88 Links: Bailii Citing: See Also – Afrika and others v Cape Plc and others; X Y Z and Others v Schering health … Continue reading XYZ and others v Schering Health: QBD 29 Jul 2002

Sayers and Others v Smith Kline Beecham plc and Others; X, Y, Z and Others v Schering Health Care Ltd and Others; Afrika and Others v Cape plc: CA 21 Dec 2001

The case concerned the management of substantial multi-party actions, and in particular the form of costs orders. The claimants sought a payment of the ‘common costs’ element to be made payable as the appropriate relative common issues were resolved. Held: The purpose of the new rules was to clarify the sharing of the burden of … Continue reading Sayers and Others v Smith Kline Beecham plc and Others; X, Y, Z and Others v Schering Health Care Ltd and Others; Afrika and Others v Cape plc: CA 21 Dec 2001

Palmer (Administratrix of the Estate of Rose Frances Palmer) v Tees Health Authority and Hartlepool and East Durham NHS Trust: CA 2 Jun 1999

A claim for damages on behalf of a murdered child’s estate and the child’s mother for psychiatric damage against a health authority for negligence in having failed to manage a psychiatric outpatient who had abducted and murdered the child, was bound to fail, and was struck out, as there was insufficient proximity between the Authority … Continue reading Palmer (Administratrix of the Estate of Rose Frances Palmer) v Tees Health Authority and Hartlepool and East Durham NHS Trust: CA 2 Jun 1999

Pearce and Pearce v United Bristol Healthcare NHS Trust: CA 20 May 1998

A doctor advised a mother to delay childbirth, but the child was then stillborn. She complained that he should have advised her of the risk of the baby being stillborn. Held: ‘In a case where it is being alleged that a plaintiff has been deprived of the opportunity to make a proper decision as to … Continue reading Pearce and Pearce v United Bristol Healthcare NHS Trust: CA 20 May 1998

Maynard v West Midlands Regional Health Authority: HL 1985

The test of professional negligence is the standard of the ordinary skilled man exercising and professing to have that special skill. Lord Scarman said: ‘a doctor who professes to exercise a special skill must exercise the ordinary skill must exercise the ordinary skill of his specialty. Differences of opinion and practice exist, and will always … Continue reading Maynard v West Midlands Regional Health Authority: HL 1985

Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: Admn 18 Jul 1997

The applicant complained of having been struck off the register of nurses. He said that when he told the court that he wanted to appeal he was sent forms appropriate for a judicial review. He amended and submitted them. In correcting him, the court office again misled him. Held: The court was unable to extend … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: Admn 18 Jul 1997

Penney and Others v East Kent Health Authority: CA 16 Nov 1999

A cervical smear screener could be liable in negligence if he failed to spot obvious abnormalities in a test result which indicated that further investigation was required. To say this is not to say that such screening tests were expected to achieve full reliability. The court should ask what was on the slide to be … Continue reading Penney and Others v East Kent Health Authority: CA 16 Nov 1999

The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001

When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail and even if unchallenged. The court could look to witness statements to … Continue reading The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001

Tredget and Tredget v Bexley Health Authority: 1994

(Central London County Court) As a result of the defendant hospital’s negligent management of Mrs Tredget’s labour, her baby was born in a severely asphyxiated state and died two days later. The actual birth of the child with its ‘chaos’ or ‘pandemonium’ was for those immediately and directly involved as each of the parents was … Continue reading Tredget and Tredget v Bexley Health Authority: 1994

Trim Joint District School Board of Management v Kelly: HL 1914

Viscount Haldane LC said: ‘the construction of the Act ought to be more liberal as regards the claims of the workman than would be the case if the Act were construed with the closeness which distinguishes the construction of words in a contract such as that of insurance.’ Judges: Earl Loreburn, Viscount Haldane L-C Citations: … Continue reading Trim Joint District School Board of Management v Kelly: HL 1914

Robertson v Nottingham Health Authority: CA 1987

Brooke LJ held that ‘the only rule that this court has to apply in the present case is that if a patient is injured by reason of a negligent breakdown in the systems for communicating material information to the clinicians responsible for her care, she is not to be denied redress merely because no identifiable … Continue reading Robertson v Nottingham Health Authority: CA 1987

Greater Glasgow Health Board’s Application: 1996

An Opthalmic Registrar employed by the Board invented an optical spacing device for use with an indirect ophthalmoscope. The Hearing Officer decided that the invention belonged to the employer. Held: The employee’s appeal succeeded. The court was only concerned to ascertain the normal duties of the Registrar. In doing so he relied on the contractual … Continue reading Greater Glasgow Health Board’s Application: 1996

Healthspan Ltd v Revenue and Customs: FTTTx 10 Dec 2018

Procedure : Other – reference to the CJEU – parties given the opportunity to comment in accordance with the Tribunal’s directions – Appellant failing to comply with directions – reference finalised and submitted – Appellant’s application that (a) the Tribunal ask the CJEU to return the reference and (b) the returned reference be amended to … Continue reading Healthspan Ltd v Revenue and Customs: FTTTx 10 Dec 2018

Board of Management of Trim Joint District School v Kelly: HL 6 Apr 1914

A schoolmaster at an industrial school, while performing his duties, was assaulted and killed by two of his pupils (who had formed a conspiracy for that purpose, and were afterwards tried and found guilty of manslaughter). A dependant having claimed compensation, the County Court Judge found that the deceased met his death by accident arising … Continue reading Board of Management of Trim Joint District School v Kelly: HL 6 Apr 1914

Kelly and Another v GE Healthcare Ltd: PatC 11 Feb 2009

The court was asked to interpret the application of section 40 of the 1977 Act. Held: The benefit of the section was to be taken by the actual inventor, and did not extend to those who had merely contributed. In calculating the benefit, the phrase ‘outstanding benefit’ the court should look for ‘something special’ or … Continue reading Kelly and Another v GE Healthcare Ltd: PatC 11 Feb 2009

Montgomery v Lanarkshire Health Board: SC 11 Mar 2015

Change in Doctors’ Information Obligations The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a vaginal birth was preferable and did not given advice … Continue reading Montgomery v Lanarkshire Health Board: SC 11 Mar 2015

Capita Customer Management Ltd v Ali: EAT 11 Apr 2018

Sex Discrimination – SEX DISCRIMINATION – Indirect VICTIMISATION DISCRIMINATION – Detriment A father who wished to take shared parental leave so that his wife could go back to work claimed direct sex discrimination in not being entitled to pay at the higher maternity pay rate for 12 weeks after the 2 weeks compulsory maternity leave … Continue reading Capita Customer Management Ltd v Ali: EAT 11 Apr 2018

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Northamptonshire Healthcare NHS Foundation Trust v Chawla: EAT 8 Jan 2016

EAT (Unfair Dismissal : Reasonableness of Dismissal) The ET having found the Respondent’s dismissal of the Claimant – a Consultant Psychiatrist in its employment – on three charges of gross misconduct was unfair, the Respondent appealed. On the first charge, the ET had concluded that the Respondent had previously addressed the patients’ complaints in issue … Continue reading Northamptonshire Healthcare NHS Foundation Trust v Chawla: EAT 8 Jan 2016

West London Mental Health NHS Trust (Health (NHS)): ICO 12 Nov 2015

ICO The complainant has requested the independent investigation into the historic management of finances relating to capital projects undertaken within the capital estates and facilities department. The Trust refused to provide the requested information under section 36(2)(c), section 41 and section 40(2) FOIA. The Commissioner’s decision is that the Trust has correctly applied section 36(2)(c) … Continue reading West London Mental Health NHS Trust (Health (NHS)): ICO 12 Nov 2015

Balamoody v Manchester Health Authority: EAT 2 Mar 1999

The claimant appealed against orders striking out his complaint of unlawful racial discrimination. He had owned a nursing home regulated by the respondent authority. A senior white employee had broken regulations regarding safekeeping of drugs, but he as owner had been prosecuted and struck off. She had not. The home registration was then cancelled. He … Continue reading Balamoody v Manchester Health Authority: EAT 2 Mar 1999

South London and Maudsley NHS Foundation Trust (Health (NHS)): ICO 25 Feb 2015

ICO Local government (District council) The complainant has asked South Gloucestershire Council to provide him with the names and contact details of the Management Committee and/or Trustees of a named football club. The Council has relied on the exemption provided by section 40(2) of the FOIA to withhold this information. The Commissioner’s decision is that … Continue reading South London and Maudsley NHS Foundation Trust (Health (NHS)): ICO 25 Feb 2015

West London Mental Health NHS Trust v Chhabra: SC 18 Dec 2013

The trust sought to begin disciplinary proceedings against the claimant, a consultant forensic psychologist alleging gross misconduct. She was said to have left confidential patient records on a train. Held: Gross misconduct should be conduct which would involve a repudiatory breach of contract – namely conduct undermining trust and confidence which is inherent in the … Continue reading West London Mental Health NHS Trust v Chhabra: SC 18 Dec 2013

S v Airedale National Health Service Trust: QBD 22 Aug 2002

The patient had been detained, and then secluded within the mental hospital for 11 days. He claimed to have been subjected to inhuman treatment, and false imprisonment. Held: His claim failed. The policy allowed the authority to confine him to a locked room under supervision for the protection of others. The fact of seclusion did … Continue reading S v Airedale National Health Service Trust: QBD 22 Aug 2002

Thomson v Imperial College Healthcare NHS Trust (Disability Discrimination : Disability): EAT 30 Jan 2015

EAT DISABILITY DISCRIMINATION – Disability DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal UNFAIR DISMISSAL – Polkey deduction The Claimant, Consultant Neonatologist, was dismissed for bullying colleagues. She asserted that the Respondent failed to make a reasonable adjustment in dismissing her as her admitted disability, … Continue reading Thomson v Imperial College Healthcare NHS Trust (Disability Discrimination : Disability): EAT 30 Jan 2015

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

Monfared v Spire Health Care Ltd: EAT 11 Jun 2014

EAT Practice and Procedure : Appellate jurisdiction/reasons/Burns-Barke Case management The Claimant’s applications under Rule 3 raising interim appeals against tribunal orders were dismissed as the employment tribunal had subsequently struck out the entire claim. Edem applied. In any event on the merits there were no reasonable prospects and the then ongoing proceedings would be jeopardised. … Continue reading Monfared v Spire Health Care Ltd: EAT 11 Jun 2014

Health and Safety Executive (Decision Notice): ICO 15 Oct 2012

The complainant has requested full unedited sets of minutes of meetings held over a 12 month period (March 2010-March 2011) of the HSE’s Senior Management Team. The Commissioner’s decision is that the HSE has correctly applied the exemptions set out in sections 35 and 36 of FOIA to the withheld information. The Commissioner requires no … Continue reading Health and Safety Executive (Decision Notice): ICO 15 Oct 2012

National Offender Management Service (Decision Notice): ICO 25 Nov 2008

The complainants requested information about the awarding of a contract for the provision of healthcare at HMP The Mount. The public authority initially refused to disclose any information as it believed this information to be exempt by virtue of section 21(1). At internal review stage the public authority located additional information falling within the scope … Continue reading National Offender Management Service (Decision Notice): ICO 25 Nov 2008

Department of Health (Decision Notice) FS50326236: ICO 10 Jan 2011

ICO The complainant requested a full extract of the minutes from the NHS Management Board in July 2006 that mentioned ‘new management arrangements’ that were referred to in a letter dated 21 August 2006. The public authority provided an extract of the minutes dated 19 July 2006 and confirmed that no further relevant recorded information … Continue reading Department of Health (Decision Notice) FS50326236: ICO 10 Jan 2011

Department of Health (Decision Notice): ICO 30 Jul 2013

ICO The complainant has requested information about NHS South West’s contract with a named company. NHS South West provided the complainant with some of the requested information but withheld some information under section 42 and section 43(2) FOIA. NHS South West became defunct on 1 April 2013. The Department of Health Legacy Management Team has … Continue reading Department of Health (Decision Notice): ICO 30 Jul 2013

Aquatronic Group Management Ltd v Mace: EAT 10 Sep 2018

Unfair Dismissal – Reasonableness of Dismissal – Contributory fault – The decision that the Claimant was unfairly dismissed and had not contributed through his fault to his dismissal was a judgment that the Tribunal was entitled to make on the facts before it. Although it had perhaps veered towards the substitution mindset in its analysis … Continue reading Aquatronic Group Management Ltd v Mace: EAT 10 Sep 2018

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

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013

The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy would be void if any fact warranted in the proposal was wrong. The form … Continue reading Genesis Housing Association Ltd v Liberty Syndicate Management Ltd: CA 4 Oct 2013

Hughes v The Corps of Commissionaires Management Ltd: CA 8 Sep 2011

The employee security guard appealed against a finding that his employer had allowed rest breaks as allowed under the Regulations. He worked a continuous shift during which he was allowed to use a rest area, but he remained on call. Held: The appeal failed. The break given to the appellant would not satisfy the regulation … Continue reading Hughes v The Corps of Commissionaires Management Ltd: CA 8 Sep 2011

Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another: CA 28 Nov 2002

Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review. Held: In the absence of some procedural irregularity or other exceptional circumstance, judicial … Continue reading Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another: CA 28 Nov 2002

Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use. Held: The judge worked within a strict statutory framework. His task was to calculate the application of that law, … Continue reading Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

Leeks v St George’s Healthcare NHS Trust: EAT 22 Oct 2012

EAT Practice and Procedure : Case Management – UNFAIR DISMISSAL – Reasonableness of dismissalThe Respondent was entitled to conclude the Claimant wrongfully handed over HR files of two employees whose qualifications she disputed, and to dismiss her.Given the concession in the internal proceedings that as much investigation as was reasonable had been conducted, the Employment … Continue reading Leeks v St George’s Healthcare NHS Trust: EAT 22 Oct 2012

D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009

The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed was for economic loss. The number of people who would be brought within the … Continue reading D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009

Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008

The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred. Held: The defence in fact was that the claimant had both brought the claim too early because … Continue reading Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008

South Australia Asset Management Corporation v York Montague Ltd etc: HL 24 Jun 1996

Limits of Damages for Negligent Valuations Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without one of them being negligent. But once the valuer … Continue reading South Australia Asset Management Corporation v York Montague Ltd etc: HL 24 Jun 1996

Secretary of State for Health and Another v Servier Laboratories Ltd and Others: SC 2 Jul 2021

Economic tort of causing loss by unlawful means The Court was asked whether the ‘dealing requirement’ is a constituent part of the tort of causing loss by unlawful means; whether a necessary element of the unlawful means tort is that the unlawful means should have affected the third party’s freedom to deal with the claimant. … Continue reading Secretary of State for Health and Another v Servier Laboratories Ltd and Others: SC 2 Jul 2021

Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993

Roult v North West Strategic Health Authority: CA 20 May 2009

The parties had settled a personal injury claim, on the basis as expected that the claimant would be provided with accommodation by the local authority. It later turned out that accommodation would not be provided, and he returned to court to request that the order be amended. He now appealed refusal of an order. Held: … Continue reading Roult v North West Strategic Health Authority: CA 20 May 2009

Bolam v Friern Hospital Management Committee: QBD 1957

Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957

Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. Held: In cases of diagnosis and treatment there are cases where, despite a body … Continue reading Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001

Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: HL 21 Jan 2009

The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. Typically the process took many months. Held: The procedure asked only if the employer reasonably considered … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: HL 21 Jan 2009

Kotecha v Insurety Plc (T/A Capital Health Care) and Another: EAT 7 May 2010

kotechaEAT10 EAT PRACTICE AND PROCEDURE Case management The Employment Tribunal refused to grant an adjournment to the Claimant who had claimed that he was not well enough to present his case. He appealed against that decision. Held – Dismissing the appeal, the Employment Tribunal was entitled to reach its decision especially as (a) the Claimant … Continue reading Kotecha v Insurety Plc (T/A Capital Health Care) and Another: EAT 7 May 2010

Wilsher v Essex Area Health Authority: CA 1986

A prematurely-born baby was the subject of certain medical procedures, in the course of which a breach of duty occurred. to ensure that the correct amount was administered it was necessary to insert a catheter into an umbilical artery so that his arterial blood oxygen levels would be accurately read on an electronic monitor. A … Continue reading Wilsher v Essex Area Health Authority: CA 1986

Greenalls Management Ltd v Customs and Excise: HL 12 May 2005

Volumes of vodka were transferred from a secure warehouse to a carrier for export. They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. The Directive provided that duty was payable on the ‘release for consumption’ which in turn included ‘any departure, including irregular departure, from a suspension arrangement.’ … Continue reading Greenalls Management Ltd v Customs and Excise: HL 12 May 2005

Norfolk County Council v Durrant: QBD 30 Dec 2020

Appeal by the Council from a decision finding it liable in negligence for personal injuries suffered by the Respondent. They were sustained during an incident when she was a teaching assistant at an Infant School and a 6 year old child in her care at the school became upset when segregated from the classroom by … Continue reading Norfolk County Council v Durrant: QBD 30 Dec 2020

Commission v Luxembourg C-490/09: ECJ 27 Jan 2011

ECJ (Freedom To Provide Services) Failure to fulfill obligations – Article 49 EC – Freedom to provide services – Non-reimbursement of costs related to analysis and laboratory testing in Member States other than the Grand Duchy of Luxembourg – National legislation not providing for their management charge as a reimbursement of costs advanced for such … Continue reading Commission v Luxembourg C-490/09: ECJ 27 Jan 2011

Age Concern Newcastle Upon Tyne v Brady: EAT 23 Oct 2009

EAT PRACTICE and PROCEDURE:BIAS, MISCONDUCT AND PROCEDURAL IRREGULARITYChapman v Simon [1994] IRLR 124 (CA). Did the Employment Tribunal decide the case in favour of Claimant on a basis not advanced by Claimant? Answer; no. Appeal dismissed.Context: pregnancy discrimination. Observations on Management of Health and Safety at Work Regulations 1999, Regulations 13, 16 and 18. Judges: … Continue reading Age Concern Newcastle Upon Tyne v Brady: EAT 23 Oct 2009

Oneill v Buckinghamshire County Council: EAT 5 Jan 2010

EAT UNFAIR DISMISSALConstructive dismissalSEX DISCRIMINATION Pregnancy and discriminationPregnant workers are not automatically entitled to a work assessment under Regulation 16 Management of Health and Safety at Work Regulations 1999 in the absence of evidence that the work involved a risk as to health and safety to the expectant mother.Emo Ai Judges: Ansell J Citations: [2010] … Continue reading Oneill v Buckinghamshire County Council: EAT 5 Jan 2010

Jennings v The Forestry Commission: CA 23 May 2008

The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed against the finding of liability. The Land Rover went out of control on a steeply sloping field on which he was driving in the course of carrying out fencing work for the … Continue reading Jennings v The Forestry Commission: CA 23 May 2008