Click the case name for better results:

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

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

Wild and Another v Southend University Hospital NHS Foundation Trust: QBD 3 Dec 2014

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

S, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jan 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OPO v MLA and Another: QBD 18 Jul 2014

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

Rusling v Revenue and Customs: FTTTx 18 Jul 2014

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

NA v Nottinghamshire County Council: QBD 2 Dec 2014

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

Batt v Revenue and Customs: FTTTx 9 May 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

Pullan v Wilson and Others: ChD 28 Jan 2014

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

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

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

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

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

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

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

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

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

Procurator Fiscal, Hamilton v HC: HCJ 1 Jul 2014

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

ACCG and Another v MN: CA 25 Jun 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

Gudanaviciene and Others, Regina (on The Application of) v The Director of Legal Aid Casework and Others: CA 15 Dec 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

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

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

Kennedy v The Charity Commission: SC 26 Mar 2014

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

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

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

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

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

Reclaiming Motion Charles McCann v The State Hospital Board for Scotland: SCS 12 Aug 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

Moroccanoil Israel Ltd v Aldi Stores Ltd: IPEC 29 May 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

Jeunesse v The Netherlands: ECHR 3 Oct 2014

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

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

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

DB, Re Judicial Review: CANI 1 Jul 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

DB, Re Judicial Review: QBNI 28 Apr 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

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 … Continue reading East Sussex County Council (Decision Notice): ICO 12 Feb 2014

East Sussex County Council (Decision Notice): ICO 13 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

LH, Regina (on The Application of) v Shropshire Council: CA 4 Apr 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

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

BW (Witness Statements By Advocates): UTIAC 12 Dec 2014

(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

SMD v LMD: FD 14 Feb 2014

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

Royal Borough of Greenwich Council (Decision Notice): ICO 26 Feb 2014

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

Wiltshire Council, Regina (on The Application of) v Hertfordshire County Council: CA 22 May 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

Health and Care Professions Council (Decision Notice): ICO 20 Mar 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

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

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

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

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

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

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

Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996

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

Hounga v Allen and Another: SC 30 Jul 2014

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

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

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

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

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

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

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

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

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

The Professional Standards Authority v The General Chiropractic Council and Another: Admn 16 Jul 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

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

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

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

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

JO and Others (Section 55 Duty) Nigeria: UTIAC 1 Dec 2014

(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

A Local Authority v DG and Others: FD 24 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

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

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

Miller v Imperial College Healthcare NHS Trust: QBD 14 Nov 2014

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

The Practice Surgeries Ltd v Surrey Primary Care Trust (Now Secretary of State for Health): EAT 26 Feb 2016

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

Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014

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

Mr Tommy Kane and The Scottish Ministers (Use of Private Contractors In The NHS): SIC 28 Jul 2015

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

London Borough of Merton v LB: FD 19 Dec 2014

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

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

Jakowlew v Nestor Primecare Services Ltd (T/A Saga Care) and Another: EAT 22 Apr 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

Remploy Ltd v Abbott and Others (Practice and Procedure : Amendment): EAT 24 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

King v Highland Health Board: SIC 3 Dec 2014

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

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

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

Ereren v Germany: ECHR 6 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

Hrvatski Lijecnicki Sindikat v Croatia: ECHR 27 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

Amirov v Russia: ECHR 27 Nov 2014

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

Re C: FC 24 Oct 2014

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

Re C (Children Appeal): FC 30 May 2014

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

McAreavey v Director of Border Revenue: FTTTx 12 Dec 2014

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

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

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

Hromadka And Hromadkova v Russia: ECHR 11 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

XYZ v Various (Including Transform Medical Group (CS) Ltd and Spire Healthcare Limited) and Others: QBD 3 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

J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 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