Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
A decision at Senior Executive Officer level was accepted as appropriate in a deportation case. There was an express form of delegation, and acts of the immigration officers required to be regarded as the acts of the Home Secretary. Lord Griffiths said: ‘it would not be right to authorise an inspector to take a decision … Continue reading Regina v Secretary of State for the Home Department ex parte Oladehinde: HL 18 Oct 1990
The asylum applicants had complained that the appellant’s discretionary leave policy for the grant of temporary admissions was unlawful. As failed asylum seekers, they had been held on temporary admission rather than being granted discretionary leave to remain. They had been involved in the hijacking of an airliner in order to escape Afghanistan. The defendant … Continue reading S and others v Secretary of State for the Home Department: CA 4 Aug 2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
Citations: [2006] EWHC 1912 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21, National Health Service and Community Care Act 1990, Children Act 1989 Jurisdiction: England and Wales Housing, Benefits, Children, Local Government Updated: 14 November 2022; Ref: scu.244123
A contribution to a damages award was sought. The two year period under section 10 had expired between the anniversary of the date on which an agreement to settle the victim’s claim had been made and the anniversary of the consent order which had given effect to the agreement. The court had to decide whether … Continue reading Knight v Rochdale Healthcare NHS Trust, the National Health Service Litigation Authority, The Secretary of State for Health: QBD 23 Jul 2003
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The court was asked whether the respondent, resident in a specialised care home, was ‘maintained free of charge while undergoing medical or other treatment as an in-patient . . in a hospital or similar institution under the National Health Service Act 2006’, within the meaning of reg. 12A of the Social Security (Disability Living Allowance) … Continue reading Secretary of State for Work and Pensions v Slavin: CA 9 Dec 2011
A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines. Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, before one can turn to the rules as to mistake, whether at common law … Continue reading Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988
The union challenged proposals to enter into a new round of reform of the National Health Service. Held: Even if a legitimate expectation has been created, the courts cannot, consistently with the constitutional function of Parliament, control the right of a minister, in his capacity as a member of Parliament, to introduce a bill in … Continue reading UNISON, Regina (on The Application of) v Secretary of State for Health: Admn 14 Oct 2010
Cranston J referred to ‘the danger of resorting to [Hansard] except when it is absolutely required under Pepper v Hart’ and gave examples of the reasons why. Judges: Cranston J Citations: [2009] EWHC 3221 (Admin) Links: Bailii Statutes: National Health Service Act 2006 Jurisdiction: England and Wales Cited by: Cited – Milner, Regina (on The … Continue reading Unison, Regina (on The Application of) v Monitor and Others: Admn 9 Dec 2009
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
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care. Held: The question for the court was whether in carrying out its … Continue reading Grogan, Regina (on the Application of) v Bexley NHS Care Trust and others: Admn 25 Jan 2006
The applicants appealed refusal of their application for judicial review of the refusal of the respondents to provide funding for a hydrotherapy pool or a non-nursing day centre. The centre provided these facilities to support those with mental health difficulties. Held: The word ‘facilities’ took its meaning from the context. It would not be correct … Continue reading Keating and Others, Regina (on the Application Of) v Cardiff Local Health Board: CA 6 Jul 2005
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines. Held: In these circumstances it was proper to admit further evidnce about the background to the … Continue reading Green, Regina (on the Application of) v South West Strategic Health Authority: Admn 28 Oct 2008
Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the employment relationship, which facilitates his adjustment to the new circumstances resulting from the loss of his … Continue reading Barber v Guardian Royal Exchange Assurance Group: ECJ 17 May 1990
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976
The claimant junior doctors’ association challenged the imposition on them of new contracts of employment, on the basis that the 2006 Act gave him no power so to act, that the manner of imposition was opaque and confused, and was irrational and not based upon proper evidence. Held: None of the challenges succeeded.‘In determining whether … Continue reading Justice for Health Ltd, Regina (on The Application of) v The Secretary of State for Health: Admn 28 Sep 2016
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
The claimant challenged a framework agreement proposed by the defendant for the delivery of software application solutions for various national public bodies. Judges: Akenhead J Citations: [2009] EWHC 3419 (TCC), [2010] Eu LR 397, 128 Con LR 36, (2010) 26 Const LJ 191 Links: Bailii Statutes: Public Contracts Regulations 2006 Citing: Cited – Jobsin Co … Continue reading European Dynamics Sa v HM Treasury: TCC 23 Dec 2009
The claimant worked for the local authority under a series of contracts. The employer denied that she had been continuously employed and there was no ‘irreducible minimum mutual obligation necessary to create a contract of service’. There were times when she had no work. Held: Given the authorities there was ample reason to find a … Continue reading Cornwall County Council v Prater: CA 24 Feb 2006
The court considered what elements must be present to create a contract of employment. Held: Stephenson LJ said: ‘There must . . be an irreducible minimum of obligation on each side to create a contract of service.’Kerr LJ said: ‘The inescapable requirement concerning the alleged employees however . . is that they must be subject … Continue reading Nethermere (St Neots) Ltd v Taverna and Gardiner: CA 1984
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.Sir Christopher Slade summarised as follows: ‘Principles governing appeals from an industrial tribunal At first impression … Continue reading Clark v Oxfordshire Health Authority: CA 18 Dec 1997
The respondent as a temporary worker was entitled to be treated as an employee of an agency within the contract governing the particular engagement where money was due when the agency went into liquidation. He was therefore able to claim against the respondent as such on that insolvency. A temporary worker might be an employee … Continue reading McMeechan v Secretary of State for Employment: CA 11 Dec 1996
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence between the parties in March 1989 constituted a contract, which was to be classified … Continue reading Carmichael and Another v National Power Plc: HL 24 Jun 1999
The applicant was a failed asylum seeker who sought judicial review of a decision of an NHS Trust not to provide him with free care. The court was asked for guidance as to whether a health trust had a discretion to provide free health care to a patient who was not ordinarily resident in the … Continue reading YA, Regina (On the Application of) v Secretary Of State for Health: CA 30 Mar 2009
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The court considered whether a solicitor acting for a potential plaintiff was considered to be an expert for the purposes of the section. Held: Purchas LJ said: ‘Of course as advice from a solicitor as to the legal consequences of the act or omission is not relevant his contribution can only consist of factual information. … Continue reading Nash v Eli Lilly and Co: CA 1993
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was said that the policy of only providing Herceptin in exceptional cases only was … Continue reading Rogers, Regina (on the Application of) v Secretary of State for Health: Admn 15 Feb 2006
Statement of facts Citations: 47335/06, [2009] ECHR 112 Links: Bailii Statutes: European Convention on Human Rights Citing: At EAT – A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service EAT 27-Jul-2005 The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local … Continue reading Redfearn v The United Kingdom: ECHR 16 Jan 2009
The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which emphasised the need for competition. Held: The appeal against the allowance of the entry for the roposed … Continue reading Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit): CA 5 Dec 2008
There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving evidence. Held: The court refused the appellant’s application for judicial review of the issue of … Continue reading Dr D v The Secretary of State for Health: Admn 13 Dec 2005
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance did not apply to all health services it was principally an employment measure. … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 Nov 2007
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019
EAT Equal Pay Act – Part time pensions Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in … Continue reading Secretary of State for Health v Rance: EAT 4 May 2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case. Held: Questions of the burden of proof are very common in discrimination cases: ‘The factual content of the cases does not simply … Continue reading Madarassy v Nomura International Plc: CA 26 Jan 2007
Peter Coulson QC J said that in order to establish harassment under the 1997 Act, there must be conduct:i) which occurs on at least two occasions;ii) which is targeted at the claimant;iii) which is calculated in an objective sense to cause alarm or distress;iv) which is objectively judged to be oppressive and unreasonable. Judges: Peter … Continue reading Hammond v International Network Services UK Ltd: QBD 1 Nov 2007
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed. Held: The damage to the reversion should have been inferred from the estimated cost of repairing … Continue reading Latimer and Another v Carney and others: CA 27 Oct 2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
The employee claimed that he had been discriminated against. He had stood as a candidate in local elections for the British National Party (BNP) party. His employers had dismissed him saying that his propagation of racially discriminatory polices was incompatible with his duties. Held: The dismissal was not on racially discriminatory grounds, though considerations of … Continue reading Serco Ltd v Redfearn: CA 25 May 2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin. Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy which treated financial considerations as irrelevant, but at the same time … Continue reading Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust: CA 12 Apr 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
The worker was employed via an employment agency. The contract the company had was with the agency, and the agency had the contract with the worker. The worker claimed an implied contract of employment with the end-user. Held: The end-user company’s appeal failed. The ET was entitled to hold that Mr Muscat had been an … Continue reading Cable and Wireless Plc v Muscat: CA 9 Mar 2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the judgment. Held: The appeal succeeded. The judgment had been for damages to be assessed. … Continue reading Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006
ECJ Social policy – Protection of the safety and health of workers – Directive 93/104/CE – Concept of -working time – Scope – National legislation providing for a ceiling more favourable to workers, in particular as regards maximum weekly working time – Determination of working time in certain social establishments – On-call duty where the … Continue reading Dellas, Confederation generale du travail, Federation nationale des syndicats des services de sante et des services sociaux CFDT, etc v Ministre des Affaires sociales, du Travail et de la Solidarite: ECJ 1 Dec 2005
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and at their disposal. The employers argued that since the employees would get 20 minutes’ rest … Continue reading Gallagher and others v Alpha Catering Services Ltd: CA 8 Nov 2004
The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech. Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. … Continue reading British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health: Admn 5 Nov 2004
The medical member of the review tribunal to which the appellant had applied for his discharge from detention under section 3 of the Mental Health Act 1983 who was a consultant psychiatrist was not disqualified from considering the appellant’s case because he was employed by the Mersey Care National Health Service Trust: ‘We consider that … Continue reading Regina on the Application of PD v West Midlands and North West Mental Health Review Tribunal: CA 17 Mar 2004
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims. Held: The Act sought to extend the circumstances under which contributions could be sought, but their claim against the architects were of … Continue reading Royal Brompton Hospital National Health Service Trust v Hammond and others: HL 25 Apr 2002
Citations: [2001] EWCA Civ 1785 Links: Bailii Statutes: Civil Liability (Contribution) Act 1978 1(1) Jurisdiction: England and Wales Cited by: Cited – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002 The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the … Continue reading Hurstwood Developments Ltd v Motor and General and Andersley and Coinsurance Services Limited and Another: CA 21 Nov 2001
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998
Hudoc Sweden – communication, without the patient’s consent, of personal and confidential medical data by one public authority to another and lack of possibility for patient, prior to the measure, to challenge it before a court (Secrecy Act 1980 and Industrial Injury Insurance Act 1976)The applicant having sustained an injury objected to disclosure of medical … Continue reading MS v Sweden: ECHR 27 Aug 1997
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article 3 and 8 rights. One of his complaints was as to interference with his correspondence. Held: … Continue reading Herczegfalvy v Austria: ECHR 24 Sep 1992
The 62 year old claimant sought damages after working in in the defendant’s dockyard and being exposed to asbestos. Pleural plaques were apparent on X-ray and the pleura would constrict the lung and induce breathlessness; and the asbestos must have passed through the lung to reach the pleura so that it was probable that there … Continue reading Church v Ministry of Defence: QBD 23 Feb 1984
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
(Commission) Complaint was made as to the censorship of prisoners’ correspondence. The censorship of prisoners’ correspondence was ancillary to prison rules restricting the contents of correspondence. The Commission, therefore, and the Court had to consider what restraints upon the content of correspondence were permissible. Held: Communications making representations about the prisoner’s trial, conviction or sentence … Continue reading Silver v United Kingdom: ECHR 1980
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995
The plaintiff could not recover damages for the mental distress of conducting litigation. The court found it difficult to draw the line as to where such damage could be identified. In this case the damage could not reasonably be said to have flowed from the solicitor’s failures about which the complaint was made: ‘In these … Continue reading Cook v Swinfen: CA 1967
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of its share of development costs. Friends Provident paid the developer its share … Continue reading Friends’ Provident Life Office v Hillier, Parker May and Rowden: CA 1997
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
The issue on this appeal is whether an adjudicator appointed to resolve a dispute under an NHS contract made a lawful decision not to award interest on sums that she considered due. Judges: Lord Justice Stuart-Smith Citations: [2020] EWCA Civ 1574 Links: Bailii Statutes: National Health Service Act 2006 9 Jurisdiction: England and Wales Citing: … Continue reading SSP Health Ltd v The National Health Service Litigation Authority (Primary Care Appeals Service) and Others: CA 25 Nov 2020
An American citizen, with his ordinary residence and indeed practising the law in New York, took a three-year lease of a furnished shooting lodge in Scotland. He resided at the shooting lodge for a period of two months in each year during the shooting season, but the lodge was available to him for the rest … Continue reading Inland Revenue v Cadwalader: 1904
The respondent’s duties under s3 of the 177 Act are not absolute. Citations: [1980] 1 BMLR 93 Statutes: National Health Service Act 1977 1 2 3 Cited by: Cited – Watts, Regina (on the Application of) v Bedford Primary Care Trust and others Admn 1-Oct-2003 The claimant sought hip-replacement treatment. She was first told that … Continue reading Regina v Secretary of State for Social Services ex parte Hincks: 1980
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
Judges: Irwin, Hickinbottom LJJ, Sir Jack Beatson Citations: [2018] EWCA Civ 1925, [2018] WLR(D) 556 Links: Bailii, WLRD Statutes: National Health Service Act 2006 1 1C, Equality Act 2010 149(1) Jurisdiction: England and Wales Health Professions, Discrimination Updated: 26 April 2022; Ref: scu.621537
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
Citations: [2018] EWHC 1359 (Admin), [2018] WLR(D) 336 Links: Bailii, WLRD Statutes: National Health Service Act 2006 Jurisdiction: England and Wales Health Professions Updated: 23 April 2022; Ref: scu.618123
A Jersey Charity created under a will of a Jersey resident was transfer to the UK, and reregistered with the UK Charity Commission. The Revenue sought to apply Inheritance Tax. Held: Jersey was to be considered a third country for the purpose of a transfer of capital from the United Kingdom. The restriction of relief … Continue reading Routier and Another v Revenue and Customs: SC 16 Oct 2019
The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts to hear the claim. Held: Lord Sales said: ‘I would allow the appeals by Koza … Continue reading Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019
Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination. Held: The differences were not infringing sex discrimination. The differences arose from the differences in pensionable ages for men and women introduced in 1940 in order to help remedy severe social inequalities … Continue reading Stec and Others v United Kingdom: ECHR 12 Apr 2006
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue. … Continue reading Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019
(Freedom of Establishment – Judgment) Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – National legislation limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners – Freedom of establishment – Requirement that the share capital of establishments retailing veterinary medicinal products … Continue reading CMVRO v Autoritatea Nationala Sanitara Veterinara si pentru Siguranta Alimentelor: ECJ 1 Mar 2018
Judges: Lewis J Citations: [2017] EWHC 1983 (Admin) Links: Bailii Statutes: National Health Service (Wales) Act 2006 Jurisdiction: Wales Health Professions Updated: 29 March 2022; Ref: scu.593599
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977
