Re B and Others (Fact Finding, Care Proceedings): FC 8 Jul 2014
Citations: [2014] EWFC B84 Links: Bailii Jurisdiction: England and Wales Children Updated: 18 August 2022; Ref: scu.535579
Citations: [2014] EWFC B84 Links: Bailii Jurisdiction: England and Wales Children Updated: 18 August 2022; Ref: scu.535579
Citations: [2014] EWHC 270 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 03 February 2022; Ref: scu.521222
Citations: [2014] EWFC B187 Links: Bailii Jurisdiction: England and Wales Children Updated: 03 February 2022; Ref: scu.541411
References: [2014] EWFC B84 Links: Bailii
The Court was asked: ‘Whether a person detained under a provision of the Mental Health Act is, as a matter of public policy or otherwise, prevented from paying for his own care/treatment?’ The claimant had fallen from an ambulance, suffering brain injury leading to his being held in hospital, and the anser to the question … Continue reading North Dorset NHS Primary Care Trust and Another v Coombs: CA 30 Apr 2013
Claim for damages arising from alleged want of care of child in the womb, leading to a stillbirth. The claimant father suffered psychiatric damage after being told of the death of his wife’s baby in utero as a result of negligent treatment by clinicians working for the defendant hospital. He argued that Taylor v A. … Continue reading Wild and Another v Southend University Hospital NHS Foundation Trust: QBD 3 Dec 2014
The claimant, ‘S’, claimed damages for his alleged unlawful immigration detention in Corby Police Station and Colnbrook and Harmondsworth IRCs between 3 December 2011 and 21 March 2012 and for the alleged series of significant breaches by the defendant, of the policies relating to immigration detention, the detaining of those suffering from serious mental illness … Continue reading S, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jan 2014
Bupa appealed from a finding that they had caused the death of a care home resident. Judges: Lady Justice Carr Mrs Justice May And His Honour Judge Edmunds KC Citations: [2022] EWCA Crim 1508 Links: Bailii Statutes: Regulatory Reform (Fire Safety) Order 2005, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 Jurisdiction: England … Continue reading London Fire Commissioner v Bupa Care Homes (ANS) Ltd: CACD 17 Nov 2022
Inner House – Healthcare challenged the loss of a contract for provision of cancer treatments for their patients to a competitor. Judges: Lord Justice Clerk, Lord Clarke, Lady Smith Citations: [2013] ScotCS CSIH – 22 Links: Bailii Statutes: Scottish Health Service (National Health Service (Scotland) Act 1978 10(1), Directive 2004/18/EC Jurisdiction: Scotland Citing: Outer House … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 21 Mar 2013
The claimant casino alleged negligence by the defendant bank in a reference it had given for a mutual customer, leading to substantial losses. The requests was made on behalf of the claimant by a third party acting as its undisclosed agent. The customer had opened an account with the bank but had never deposited any … Continue reading Playboy Club London Ltd and Others v Banca Nazionale Del Lavoro Spa: QBD 10 Jul 2014
Outer House – Healthcare challenged the award of a framework agreement contract to a competitor contractor. Judges: Lord Hodge Citations: [2012] ScotCS CSOH – 75 Links: Bailii Statutes: Public Contracts (Scotland) Regulations 2006 47A(1)(b)(I), Directive 2004/18/EC Jurisdiction: Scotland Citing: Outer House – Healthcare At Home Ltd v The Common Services Agency SCS 1-Feb-2011 Outer House … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 1 May 2012
The defendant had sold her interest in the claimant company, undertaking not to compete. The claimant now sought damages alleging a breach. Held: The defendants had acted in breach of contract by breaching the non-compete covenants (although less extensively than had been assumed in the expert reports) between August 2007 and 20 December 2009, that … Continue reading One Step (Support) Ltd v Morris-Garner and Another: QBD 7 Jul 2014
Income tax – Schedule 24 Finance Act 2007 – Inaccuracy in tax return – Penalty assessment – Whether careless – yes – Appeal dismissed Citations: [2014] UKFTT 260 (TC) Links: Bailii Jurisdiction: England and Wales Income Tax Updated: 17 October 2022; Ref: scu.525293
The claimant employed the defendant to manage subscription lists for the claimant’s magazines. The claimant came to seek damages, and the defendant for non-payment of its invoices. The court was now asked whether it was possible to assert a common law possessory lien over the computer database now retained by the defendant. Held: The publisher’s … Continue reading Your Response Ltd v Datateam Business Media Ltd: CA 14 Mar 2014
Extension of Time for Parental Order The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the applicants) had separated for a short time. Held: The … Continue reading In re X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014
INCOME TAX – enquiry and discovery assessments- appellant subjected to a fraud – profit/interest credited to appellant by the fraudster through post-dated cheques amounted to interest and taxable where the cheques were not rolled over – appellant acted carelessly – discovery assessment valid – case allowed in part. Citations: [2014] UKFTT 692 (TC) Links: Bailii … Continue reading Rusling v Revenue and Customs: FTTTx 18 Jul 2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents. Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation and quantum of damages to be dealt with later if necessary. As to limitation, … Continue reading NA v Nottinghamshire County Council: QBD 2 Dec 2014
VAT -pounds 39,498.06 penalty for failure to submit correct VAT returns – payments made against assessments – when prompted actual returns substantially higher – failure careless- penalty reduced to pounds 22,750.32- appeal allowed in part. Citations: [2014] UKFTT 430 (TC) Links: Bailii Jurisdiction: England and Wales VAT Updated: 12 September 2022; Ref: scu.526792
The court was asked difficult questions concerning the reasonableness of the remuneration charged to a number of family trusts by a professional trustee. Held: Excessive claims for fees had been made, and the trustees were ordered to repay part of their fees. Judges: Judge Hodge QC Citations: [2014] EWHC 126 (Ch), [2014] WLR(D) 107 Links: … Continue reading Pullan v Wilson and Others: ChD 28 Jan 2014
The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ stand-by time (part of (d) in para 6 above) from their … Continue reading Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others: CA 2 Feb 2016
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
The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted. Held: The review was granted. The services prohibited by section 49 for local authorities to provide … Continue reading Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others: Admn 11 Mar 2014
Outer House – The pursuer sought an order in terms of the Regulation, setting aside the decision of the defender to award the ‘NP 341/10 Trastuzumab Homecare and Near Patient Treatment Services’ Framework Agreement to BUPA Home Healthcare Ltd. Judges: Lord Menzies Citations: [2011] ScotCS CSOH – 22 Links: Bailii Statutes: Public Contracts (Scotland) Regulations … Continue reading Healthcare At Home Ltd v The Common Services Agency: SCS 1 Feb 2011
The sheriff stated a case, asking whether there had been sufficient corroborative evidence of a theft to found a conviction. A carer was accused of theft from a client. Held: The opinion of a family member that there had been more money in the drawer before the alleged incident was insufficient: ‘Mr X’s evidence that … Continue reading Procurator Fiscal, Hamilton v HC: HCJ 1 Jul 2014
Two renewed applications for permission to appeal from a judgment of the CoP regarding provision of support for home visits for a young adult with severe health difficulties and the scope of the power of the CoP to make provisions. Judges: Floyd LJ Citations: [2014] EWCA Civ 1176 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading ACCG and Another v MN: CA 25 Jun 2014
Article 8 requires that an appeal against a deportation order by reference to it should be effective. The court (a) cited at para 65 the decision of the ECtHR in W v United Kingdom (1988) 10 EHRR 29, para 64, to the effect that article 8 required that parents who had sought contact with a … Continue reading Gudanaviciene and Others, Regina (on The Application of) v The Director of Legal Aid Casework and Others: CA 15 Dec 2014
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board submitted that the 2003 Act principles did not apply to the impugned decision, that Mr … Continue reading Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 2014
The claimant asserted passing off and trade mark infringement by the defendant in respect of its own hair oil product and the defendant’s sale of ‘Miracle Oil’. The defendant counterclaimed in a threat action. Judges: Hacon J Citations: [2014] EWHC 1686 (IPEC) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Cadbury-Schweppes Pty Ltd And … Continue reading Moroccanoil Israel Ltd v Aldi Stores Ltd: IPEC 29 May 2014
ECFI Judgment – (French Text) Appeal – Staff case – Temporary staff – Fixed-term contract – Decision not to renew – Jurisdiction of the Court of Public Service – Article 8, first paragraph, of the CEOS – Duty of care’ Citations: T-444/13, [2014] EUECJ T-444/13, ECLI: EU: T: 2014 865 Links: Bailii Jurisdiction: European European … Continue reading EMA v BU: ECFI 10 Oct 2014
(Grand Chamber) Although the applicant had married and had three children while her immigration status in the Netherlands was precarious, there were exceptional circumstances such that a fair balance had not been struck between the competing interests involved: the husband and three children were all citizens of the Netherlands with the right to enjoy family … Continue reading Jeunesse v The Netherlands: ECHR 3 Oct 2014
Alleged non-payment of a series of invoices relating to the sale of pharmaceutical goods by the respondent to the appellant. Judges: Lady Justice Gloster Citations: [2014] EWCA Civ 1468 Links: Bailii Jurisdiction: England and Wales Contract Updated: 18 July 2022; Ref: scu.539117
ECJ Judgment – Reference for a preliminary ruling – Public service contracts – Directive 92/50/EEC – Articles 1(c) and 37 – Directive 2004/18/EC – First subparagraph of Article 1(8) and Article 55 – Concepts of ‘service provider’ and ‘economic operator’ – Public university hospital – Entity with legal personality and business and organisational autonomy – … Continue reading Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service: ECJ 18 Dec 2014
A complaint was made that the police had failed properly to understand and implement their duties in managing partisan marches in Northern Ireland. Held: the 1998 Act had not been undermined by the decisions and actions of the police in relation to the parades. The steps taken by the police to protect the article 8 … Continue reading DB, Re Judicial Review: CANI 1 Jul 2014
The court granted the respondent’s application for judicial review of the policing by PSNI of certain parades which had not been notified in accordance with the requirements of the Public Processions (Northern Ireland) Act 1998, finding that the PSNI had facilitated illegal and sometimes violent parades with the effect, for a period of time at … Continue reading DB, Re Judicial Review: QBNI 28 Apr 2014
The complainant has made requests for information relating to the council’s actions as regards the care provided to his wife. The council refused to respond to the request on the basis that section 17(6) applied – that previous similar requests had been received from the complainant which the council decided were vexatious. The Commissioner’s decision … Continue reading East Sussex County Council (Decision Notice): ICO 12 Feb 2014
The complainant has made requests for information relating to the council’s actions as regards the care provided to his wife. The council refused to respond to the request on the basis that section 17(6) applied that previous similar requests had been received from the complainant which the council decided were vexatious. The Commissioner’s decision is … Continue reading East Sussex County Council (Decision Notice): ICO 13 Feb 2014
Appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre. Judges: Longmore, McFarlane, Lewison LJJ Citations: [2014] EWCA Civ 404, [2014] PTSR 1052 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – British Pregnancy Advisory … Continue reading LH, Regina (on The Application of) v Shropshire Council: CA 4 Apr 2014
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
(i) It is timely to recall the golden rule of judicial adjudication that justice must not only be done but must manifestly be seen to be done. (ii) In certain cases, likely to be rare, evidence presented to the Upper Tribunal may include a witness statement compiled by a representative involved in the hearing before … Continue reading BW (Witness Statements By Advocates): UTIAC 12 Dec 2014
Applications for care orders in relation to seven children. Judges: Harris HHJ Citations: [2014] EWFC B147 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 July 2022; Ref: scu.540378
Proceedings concern five of the seven children of a 29 year old mother. The children, in respect of whom Cumbria County Council seeks care orders, are three girls. Judges: Justice Peter Jackson Citations: [2014] EWHC 4886 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.558999
By his application the father sought an order for contact with A. The Respondent is her mother and primary carer, LMD. Judges: Keehan J Citations: [2014] EWHC 302 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 11 June 2022; Ref: scu.523355
Judges: Mrs Justice Andrews DBE Citations: [2014] EWHC 4354 (Admin) Links: Bailii Statutes: National Health Service Reform and Health Care Professions Act 2002 29 Jurisdiction: England and Wales Health Professions Updated: 11 June 2022; Ref: scu.540345
The complainant has requested information relating to the provision of care services in the area of the Royal Borough of Greenwich. Initially, the Council cited the exemption at section 43 (commercial interests) as a basis for refusing to provide that information which was not publicly available. During the course of the Commissioner’s investigation, it revised … Continue reading Royal Borough of Greenwich Council (Decision Notice): ICO 26 Feb 2014
Dispute between two local authorities over who has responsibility under section 117 of the Mental Health Act 1983 (‘the Act’) for the aftercare of a person, originally made the subject of a hospital order with restrictions by an order of the Crown Court, who has been conditionally discharged for the second time from detention at … Continue reading Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 2014
The complainant has requested information about complaints against Norfolk County Council social workers. Health and Care Professions Council (HCPC) cited the provision under section 12 (cost of compliance exceeds appropriate limit) and the exemption under section 21 of the FOIA (information accessible by other means), and refused to comply with the request. The Commissioner’s decision … Continue reading Health and Care Professions Council (Decision Notice): ICO 20 Mar 2014
The complainant has requested information about a named Compliance Inspector’s medical qualifications and experience. The Care Quality Commission withheld the information, citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Care Quality Commission has correctly applied this exemption and … Continue reading Care Quality Commission (Decision Notice): ICO 17 Mar 2014
FTTTx VALUE ADDED TAX – reduced rate on supplies of energy-saving materials – weather stripping services supplied with other services generally related to renovation of windows – whether composite or separate supplies – held that where weather stripping services were invoiced for separate prices they were separate supplies, otherwise they were elements of composite supplies … Continue reading Itchen Sash Window Renovation Ltd v Revenue and Customs: FTTTx 30 May 2014
(Supreme Court of Western Australia) Equity – Fiduciary duties – Whether mere existence of conflict is actionable – Whether a breach of conflict rule requires a fiduciary actually to act in a position of conflict and pursue or prefer a personal interest – Judgment pars [263] – [275] Equity – Fiduciary duties – Whether a … Continue reading Agricultural Land Management Ltd v Jackson (No 2): 2 May 2014
Outer House – Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability. Judges: Lord Clyde Citations: 1996 SLT 150 Statutes: Prescription and Limitation (Scotland) Act 1973 Cited by: Cited – … Continue reading Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022
ECHR Grand Chamber – Article 34 Locus standi Standing of non-governmental organisation to lodge application on behalf of deceased mental patient Article 2 Positive obligations Failure to provide adequate care for HIV positive mental patient: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent State required to take general measures … Continue reading Centre For Legal Resources on behalf of Valentin Campeanu v Romania: ECHR 17 Jul 2014
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018
Applications were made for orders under section 8 after and informal surrogacy arrangement. The child was now 33 weeks old. Held: King J said: ‘When the matter came before the High Court it was agreed by all parties . . s54(3) says that the parties must apply for the order during the period of 6 … Continue reading JP v LP and Others: FD 5 Mar 2014
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
The Professional Standards Authority (‘the PSA’) has referred to the High Court a decision of the Professional Conduct Committee (‘PCC’) of the General Chiropractic Council (‘GCC’), made on 5th November 2013 in respect of a registered chiropractor, Mr Briggs. The PCC found that, in February 2012, Mr Briggs was guilty of unacceptable professional conduct by … Continue reading The Professional Standards Authority v The General Chiropractic Council and Another: Admn 16 Jul 2014
Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013
(1) The duty imposed by section 55 of the Borders Citizenship and Immigration Act 2009 requires the decision-maker to be properly informed of the position of a child affected by the discharge of an immigration etc function. Thus equipped, the decision maker must conduct a careful examination of all relevant information and factors. (2) Being … Continue reading JO and Others (Section 55 Duty) Nigeria: UTIAC 1 Dec 2014
‘Mrs W seeks a Declaration that it is lawful for the sperm of her husband Warren Brewer who died on 7 February 2012 to be stored beyond 18 April 2015 and for a period of up to 55 years until 18 April 2060 so that it can be used by her for the purposes of … Continue reading Warren v Care Fertility (Northampton) Ltd and Another: FD 6 Mar 2014
The child was born with multiple severe handicaps, and dependant on constantly being fed oxygen. The local authority sought a care order after suspecting that the mother had sought to disconnect the oxygen supply. After investigation the police were not taking any further part. Held: The court was not satisfied that the mother had committed … Continue reading Re D (A Child): FD 29 Jan 2014
Keehan J condemned ‘the wholesale failure of the parties’ in these care proceedings to comply with case management directions which had been given on a number of occasions over the previous four months, and said: ‘The conduct of the parties in this matter and the wholesale failure to comply with case management directions is lamentable. … Continue reading A Local Authority v DG and Others: FD 24 Jan 2014
The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017
Assessment of damages in an action brought by the Claimant against the defendant NHS Trust for personal injuries caused by clinical negligence in their treatment of her. Curran QC HHJ [2014] EWHC 3772 (QB) Bailii England and Wales Damages, Professional Negligence Updated: 20 January 2022; Ref: scu.541560
EAT PRACTICE AND PROCEDURE – Withdrawal PRACTICE AND PROCEDURE – Review In 2011 the Claimant withdrew his claim before the Employment Tribunal. As was required by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, within the time limit for doing so the Respondents applied for the claim to be dismissed. After a further … Continue reading The Practice Surgeries Ltd v Surrey Primary Care Trust (Now Secretary of State for Health): EAT 26 Feb 2016
Care proceedings and an application for a placement order in respect of a baby boy. Hillier HHJ [2014] EWFC B162 Bailii Children Act 1989, Adoption and Children Act 2002 England and Wales Children Updated: 12 January 2022; Ref: scu.540380
In the context of an application for a care order the LA now presented a final care plan of permanence away from their birth family by way of adoption and, accordingly, sought placement orders in addition to care orders. Wood HHJ [2014] EWFC B155 Bailii Adoption and Children Act 2002, Children Act 1989 England and … Continue reading Re B (Children): FC 15 Sep 2014
Public law care proceedings [2014] EWFC B170 Bailii Children Act 1989 England and Wales Children Updated: 12 January 2022; Ref: scu.540392
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations. Held: The suspension of implementation shold stay: ‘where there is a serious argument, … Continue reading Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014
Use of private contractors in the NHS – On 1 September 2014, Mr Kane asked the Scottish Ministers (the Ministers) for correspondence relating to the use of private contractors in Scotland’s NHS, the potential for charging of health and social care services and any concerns that Scotland’s Health Services might be impacted by changes to … Continue reading Mr Tommy Kane and The Scottish Ministers (Use of Private Contractors In The NHS): SIC 28 Jul 2015
The court considered applications in the case of a proposed adoption of a child LB. The mother, Latvian, and the Latvian authorities opposed the application, saying that the child’s future should be settled in Latvia. CB had been taken into care under section 20 after findings of lack of care. Moylan J [2014] EWHC 4532 … Continue reading London Borough of Merton v LB: FD 19 Dec 2014
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
EAT Transfer of Undertakings: Service Provision Change – The First Respondent had an organised grouping of employees which worked on a contract for the London Borough of Enfield. The Claimant was one of those employees. On 19 June 2013, the London Borough of Enfield issued an instruction to the First Respondent that the Claimant and … Continue reading Jakowlew v Nestor Primecare Services Ltd (T/A Saga Care) and Another: EAT 22 Apr 2015
EAT Practice and Procedure : Amendment – Case management 1. These proceedings involve approximately 1,600 individual claims for unfair dismissal arising out of mass redundancies when the Respondent, ‘Remploy’, closed some 60 plants in 2012 and 2013. 2. The Employment Tribunal had carefully and effectively managed the case on the basis of proceeding with a … Continue reading Remploy Ltd v Abbott and Others (Practice and Procedure : Amendment): EAT 24 Apr 2015
A follow up has been completed to provide an assurance that Worcestershire Health and Care NHS Trust has appropriately addressed the actions agreed in its undertaking signed May 2014. [2015] UKICO 2015-3 Bailii England and Wales Information Updated: 28 December 2021; Ref: scu.542920
SIC Audit trail of a complaint: failure to respond within statutory timescales – On 10 March 2014, Mr King asked Highland Health Board (NHS Highland) for information about the audit trail of a complaint regarding the care and treatment of a specified person. This decision finds that NHS Highland failed to respond to Mr King’s … Continue reading King v Highland Health Board: SIC 3 Dec 2014
ECHR Article 8-1 Respect for family life Refusal of claim by grandparents for custody of their grandchildren: inadmissible Facts – The first and second applicants were the grandparents of the third and fourth applicants, who were born in 2006 and 2005 respectively. In 2008 the children’s mother and in 2011 their father left the household … Continue reading Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014
ECHR Article 5-3 Length of pre-trial detention Period of over five years in pre-trial detention owing to difficulties in obtaining evidence from abroad: no violation Facts – The applicant was arrested in Germany in April 2007 in possession of forged identity papers. He remained in custody and, following further inquiries, was detained in connection with … Continue reading Ereren v Germany: ECHR 6 Nov 2014
ECHR Article 11-1 Freedom of peaceful assembly Trade union prevented from holding a strike for almost four years: violation Facts – The applicant was a trade union of medical practitioners. In 2004 it and other trade unions concluded a collective agreement for the health-care sector with the Government. On the same day, the applicant union … Continue reading Hrvatski Lijecnicki Sindikat v Croatia: ECHR 27 Nov 2014
ECHR Article 34 Hinder the exercise of the right of petition Failure to comply with interim measure indicated by the Court: violation Article 3 Degrading treatment Inhuman treatment Lack of adequate medical care of seriously ill detainee: violation Article 46 Article 46-2 Execution of judgment Individual measures Respondent State required to transfer disabled applicant to … Continue reading Amirov v Russia: ECHR 27 Nov 2014
Applications for adoptive placment. Held: ‘P, Q, R and S have suffered and are likely to suffer significant harm, which harm or likelihood of harm is attributable to the care given to the children or likely to be given to them if the order was not made not being what it would be reasonable to … Continue reading In re P, Q, R and S (Children): FC 5 Dec 2014
Contested application to re-open findings of fact made in old care proceedings. Duggan HHJ [2013] EWFC B149 Bailii England and Wales Children Updated: 24 December 2021; Ref: scu.540385
Application by A Local Authority for a care order and a placement order in relation to a little girl called ER Harris HHJ [2014] EWFC B146 Bailii doption and Children Act 2002 Children, Adoption Updated: 24 December 2021; Ref: scu.540370
The Local Authority sought a care order and approval of a final care plan for A to be adopted by his foster carers, therefore also a placement order. Levy HHJ [2014] EWFC B143 Bailii Adoption and Children Act 2002, Children Act 1989 England and Wales Children, Adoption Updated: 24 December 2021; Ref: scu.540374
Application by the Local Authority for the making of a Care Order pursuant to s.31(1) Children Act 1989 in respect of ‘C’, Rawkins HHJ [2014] EWFC B159 Bailii Children Act 1989 31(1) England and Wales Children Updated: 24 December 2021; Ref: scu.540381
Care proceedings in respect of K. Brown HHJ [2014] EWFC B167 Bailii Children Act 1989 England and Wales Children Updated: 24 December 2021; Ref: scu.540382
Application for care orders, after father of one of the children being found to have abused her. Edwards HHJ [2014] EWFC B161 Bailii Children Act 1989 Children Updated: 24 December 2021; Ref: scu.540365
Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could have direct contact with their father; and thirdly, whether … Continue reading Re C (Children Appeal): FC 30 May 2014
Application for care order and placement order. HHJ Swindells QC [2014] EWFC B160 Bailii Children Act 1989 Children, Adoption Updated: 24 December 2021; Ref: scu.540367
FTTTx Excise Duty – importation of tobacco products – concealment – seizure and confiscation of tobacco – CEMA 1979 – excise duty assessment under Finance Act 1994 s 12 (1A) – no valid grounds of appeal presented – appeal disallowed. [2014] UKFTT 1095 (TC) Bailii England and Wales Customs and Excise Updated: 24 December 2021; … Continue reading McAreavey v Director of Border Revenue: FTTTx 12 Dec 2014
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
ECHR Article 8 Positive obligations Article 8-1 Respect for family life Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case: violation Facts – The first applicant, a Czech national, married a Russian national in 2003. The couple settled in the … Continue reading Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014
The court considered further direction in a personal injury claim involving over 1,000 women complaining of the breast implants supplied by the defendants. The claimants wanted the defendant’s insurers to be joined so as to ascertain the viability of the action. Held: A claimant must take the defendant as he finds him. Application refused. Thirlwall … Continue reading XYZ v Various (Including Transform Medical Group (CS) Ltd and Spire Healthcare Limited) and Others: QBD 3 Dec 2014
The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under Article 15(2)(a) of the Regulation for an order requesting that the Hungarian court should assume jurisdiction with … Continue reading J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014