Citations: [1995] ELR 71, [1994] EWCA Civ 37, [1995] 2 FCR 225, [1995] COD 48 Links: Bailii Statutes: Education Act 1981 8 Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of State for Education ex parte S QBD 21-Dec-1993 The Secretary of State is to disclose all advice on appeal against special … Continue reading S, Regina (on the Application of) v Secretary of State for Education: CA 15 Jul 1994
Free transport to a school of the parents’ choice is not a Local Authority obligation. Citations: Ind Summary 20-Dec-1993, Times 09-Dec-1993 Statutes: Education Act 1944 76 Jurisdiction: England and Wales Education Updated: 26 October 2022; Ref: scu.86642
An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal. Citations: Independent 26-Nov-1993, Times 27-Oct-1993, Ind Summary 29-Nov-1993 Statutes: Rules of the Supreme Court 59, Courts and Legal … Continue reading Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre. Held: Later legislation need not frustrate agreement between the parties.Hirts LJ said: ‘the agreement was in my judgment frustrated by supervening illegality . . the parties having covenanted to … Continue reading Islwyn Borough Council and Another v Newport Borough Council: CA 28 Jun 1993
Contract for management of sports centre not frustrated by Act. Citations: Independent 19-Aug-1993 Statutes: Education Act 1986 42(b) Jurisdiction: England and Wales Contract Updated: 26 October 2022; Ref: scu.82440
A trades union is to tell the employer who is being balloted for strike action. Its notice of industrial action must identify those to be ballotted. Judges: Thomas Bingham MR Citations: Times 23-Mar-1994, Ind Summary 18-Apr-1994, [1994] ICR 648 Statutes: Trade Union Reform & Employment Rights Act 1993, Trade Union and Labour Relations (Consolidation) Act … Continue reading Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education: CA 23 Mar 1994
There was no need for consultation before a school can be closed as a failing school. Simon Brown LJ emphasised the need to avoid a mechanistic approach to the requirements of consultation. Judges: Simon Brown LJ Citations: Times 15-Dec-1995, [1996] ELR 162 Statutes: Education Act 1993 Part V Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995
Judges: The Honourable Mr Justice Peter Smith Citations: [2004] EWHC 1768 (Ch) Links: Bailii Statutes: Pensions Schemes Act 1993 151(4) Jurisdiction: England and Wales Financial Services Updated: 29 August 2022; Ref: scu.199564
Gilliatt A foster parent wished to appeal to the SENT against a decision to refuse to provide a statement in respect of a child with special educational needs. The definition of a parent under s 114(b) of the Education Act 1993 included any person who has care of a child ‘unless the context otherwise requires’. … Continue reading Regina v Special Educational Needs Tribunal ex parte Fairpo: Admn 16 Jul 1996
Appeal against refusal of extension of time to submit Race Relations Questionnaire. Judges: Buul QC Citations: [1993] UKEAT 376 – 93 – 0111 Links: Bailii Employment, Litigation Practice, Discrimination Updated: 19 June 2022; Ref: scu.210803
‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. Citations: Independent 26-Mar-1993, 13134/87, (1993) 19 EHRR 112, [1993] ECHR 16 Links: Worldlii, Bailii Statutes: … Continue reading Costello-Roberts v The United Kingdom: ECHR 25 Mar 1993
School site reverts to original grantors when land is not part of an estate. Citations: Times 12-Nov-1993 Statutes: School Sites Act 1841 2 Jurisdiction: England and Wales Cited by: Disapproved – Fraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000 A grant of land was made under the 1841 Act in … Continue reading Marchant and Others v Onslow: ChD 12 Nov 1993
Europa 1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty. Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential … Continue reading Stephan Max Wirth v Landeshauptstadt Hannover Hannover: ECJ 7 Dec 1993
Diplomas acquired in one member state require may authorisation for use in another state. Citations: Times 06-Apr-1993, C-19/92, [1993] EUECJ C-19/92 Links: Bailii Cited by: Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995 Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of … Continue reading Kraus v Land Baden-Wurttemberg: ECJ 31 Mar 1993
A child has Special educational needs only if he has a learning difficulty and a need for additional teaching. Citations: Independent 10-Feb-1995 Statutes: Education Act 1993 156 Jurisdiction: England and Wales Education Updated: 31 May 2022; Ref: scu.87706
Application to quash the Secretary of State’s refusal to declare void a ballot as to the future status as grant maintained of a school. Citations: [1996] EWHC Admin 351 Links: Bailii Statutes: Education Act 1993 31(2) Education Updated: 25 May 2022; Ref: scu.136899
United States Supreme Court – The court considered the Federal Rules of Evidence in the use of expert or skilled evidence: ‘If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, … Continue reading Daubert v Merrell Dow Pharmaceuticals Inc: 28 Jun 1993
The Court of Appeal entertained an appeal by a respondent against the judge’s refusal to discharge leave granted ex parte. Challenges to decisions of tribunal should be by way of appeal not Judicial Review. Citations: Times 12-Dec-1995, [1996] ELR 326 Statutes: Education Act 1993 168 Jurisdiction: England and Wales Cited by: Cited – Kemper Reinsurance … Continue reading Regina v Special Educational Needs Tribunal Ex Parte South Glamorgan County Council: CA 12 Dec 1995
It was not discriminatory of school governors to require a ‘communicant’ headmaster in a Church of England school. Citations: Gazette 21-Apr-1993, Independent 04-Mar-1993 Statutes: Race Relations Act 1976 4(2) 1(1)(b) Jurisdiction: England and Wales Employment, Education, Discrimination Updated: 05 May 2022; Ref: scu.78458
The plaintiff claimed damages for personal injuries arising from medical treatment which he had received at a United States military hospital in the United Kingdom while a serving member of the United States Air Force. Held: Section 16(2) applied and therefore the case fell to be decided at common law. The acts complained of took … Continue reading Littrell v Government of the United States of America and Another (No 2): CA 24 Nov 1993
A child has no right of appeal in his own name against a Special Educational Needs Tribunal finding. He had not been a party to the original hearing. An appeal should be brought by the parents. Citations: Times 18-Dec-1995, Times 05-Oct-1995, Independent 28-Sep-1995 Statutes: Tribunal and Inquiries Act 1992 11(1), Education Act 1993 Jurisdiction: England … Continue reading S v Special Educational Needs Tribunal and Another: QBD 28 Sep 1995
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to … Continue reading Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson: CA 22 Feb 1993
A Local Authority has to balance its duties to provide nurseries against financial constraints. The section sets out duties of a general character which are intended to be for the benefit of children in need in the local social services authority’s area in general. The other duties and the specific duties which then follow must … Continue reading Regina v Barnet London Borough Council Ex Parte B and Others: QBD 17 Nov 1993
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993
The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as Jehovah’s Witesses) that medical treatment by blood transfusion is forbidden by the Bible … Continue reading Re O (A minor) (Medical Treatment): FD 12 Apr 1993
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
The Secretary of State is to disclose all advice on appeal against special needs assessment. Sedley J Times 26-Jan-1994 Education Act 1981 8 England and Wales Citing: Cited – Bushell v Secretary of State for the Environment HL 7-Feb-1980 Practical Realities of Planning DecisionsThe House considered planning procedures adopted on the construction of two new … Continue reading Regina v Secretary of State for Education ex parte S: QBD 21 Dec 1993
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9. Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the circumstances of this case: ‘Bearing witness in words and deeds is bound up with the existence of religious convictions’ and … Continue reading Kokkinakis v Greece: ECHR 25 May 1993
When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and … Continue reading Regina v Universities Funding Council ex parte Institute of Dental Surgery: QBD 30 Jul 1993
It was a breach of the Convention when parental rights were refused to Jehovah’s Witnesses with regard to the right to refuse to accept a blood transfusion.
Hudoc Judgment (Merits and just satisfaction) . .
The plaintiff sought damages after a failed sterilisation. She had been apprehensive during the pregnancy that the child might be handicapped, and in the event the child suffered from temper tantrums, a speech defect and slight dyslexia.
Held: . .
The Secretary of State must give express reasons and findings of fact when dismissing staff. . .
A Crown Court decision to stay an indictment for lack of jurisdiction, was not susceptible to Judicial Review. This was a ‘decision affecting conduct of trial’. The House considered the meaning of the phrase ‘other than its jurisdiction in matters . .
The claimants challenged the 2014 Act saying that in appointing a nominated professional individual for every child, the human rights of the family had been disproportionately interfered with. . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
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A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. Citations: Times 02-Oct-1997, [1997] EWCA Civ 2278 Statutes: Education Act 1993 298 Jurisdiction: England and Wales Citing: Appeal from – Regina v East Sussex County Council ex … Continue reading Regina v East Sussex County Council ex parte Tandy: CA 31 Jul 1997
A Local Education Authority may properly take into account the financial resources available to it when setting norm of standards of service and then apply that norm. Citations: Gazette 10-Sep-1997 Statutes: Education Act 1993 298 Jurisdiction: England and Wales Education Updated: 09 November 2022; Ref: scu.86615
Financial constraints on a local authority may be is relevant as between a choice of provisions but not as to whether to make provision at all. The court is not the arbiter of what constitute suitable arrangements and the decision as to suitability of the arrangements made by the parents is for the authority alone, … Continue reading Regina v East Sussex County Council Ex Parte T: QBD 29 Apr 1997
The duty to provide education is a personal right of the child which is not delegable by the Local Authority. Citations: Times 15-Oct-1996 Statutes: Education Act 1993 168 Jurisdiction: England and Wales Education, Local Government Updated: 05 June 2022; Ref: scu.88496
Local Authority had a duty to meet additional costs of providing for pupil’s special needs. Citations: Times 09-Jan-1997, [1996] EWHC Admin 342 Links: Bailii Statutes: Education Act 1993 168(5)(a)(i) Education Updated: 25 May 2022; Ref: scu.136890
Citations: [1996] EWHC Admin 168 Links: Bailii Statutes: Education Act 1993 Jurisdiction: England and Wales Education Updated: 25 May 2022; Ref: scu.136716
Whether a school is appropriate for the special needs of a child is a matter of fact not of fairness; There is no balancing act to allow for the parents’ wishes. Citations: Times 16-May-1997, Gazette 04-Jun-1997, [1997] EWHC Admin 458 Statutes: Education Act 1993 160(2) Jurisdiction: England and Wales Education Updated: 28 April 2022; Ref: … Continue reading Crane and Crane v Lancashire County Council: Admn 12 May 1997
A Health Authority may ration the resources it had allocated to special education support. Citations: Times 15-Oct-1996 Statutes: Education Act 1993 166 Education, Local Government Updated: 10 April 2022; Ref: scu.88390
An Education Authority planning to close a school must inform and consult with the parents. Citations: Times 11-Jun-1996 Statutes: Education Act 1993 183 Education Updated: 09 April 2022; Ref: scu.87101
A foster parent is a ‘parent’ for the purposes of a special educational needs assessment. Citations: Times 15-Aug-1996 Statutes: Education Act 1993 169 Education Updated: 08 April 2022; Ref: scu.80450
A fifteen year old girl absented herself from school when she went to live with a boyfriend at an address which was not known to her mother. The justices acquitted the mother for failing to secure her attendance at school on the basis of ‘any . .
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was required, and that therefore a direction to ignore the current criteria was unlawful. The claimant now said that a … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government: Admn 16 Dec 2010
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a duty to be found in statutory sources, European or domestic, or in the … Continue reading Dover District Council v CPRE Kent: SC 6 Dec 2017
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
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002
The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court … Continue reading Vernon v Bosley (3): CA 19 Dec 1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and … Continue reading Atkin v The Grove Primary School and Another: EAT 15 Nov 2001
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her complaint. The complaint now was solely as to her treatment by the Board. Held: The body was a … Continue reading Heath v Commissioner of Police for the Metropolis: CA 20 Jul 2004
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
The court set out to settle the precise defamatory meanings alleged. Trustees of an Education Centre had appointed a relative of three existing trustees to join them. The claimant chairman resigned, objecting to what he said was poor governence. The trustees issued the statement complained of in response. Held: The claim was struck out. The … Continue reading Auladin v Shaikh and Others: QBD 5 Feb 2013
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
EAT RELIGION OR BELIEF DISCRIMINATIONUNFAIR DISMISSAL – Reason for dismissalChristian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.Held: Tribunal right to dismiss claims of discrimination (direct and indirect) contrary to the Employment Equality (Religion or Belief) Regulations 2003 and of unfair dismissal – London Borough of Islington v … Continue reading McFarlane v Relate Avon Ltd: EAT 30 Nov 2009
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
UTTC JUDICIAL REVIEW – the concession of ‘equitable liability’ known as the Noble practice – standing to bring judicial review proceedings – no.The bankrupt objected to the attempted proof by the Revenue in his bankrupty. He now renewed his application to bring judicial review. Held: He had no standing to bring judiial review proceedings. Warren … Continue reading Singh v HM Revenue and Customs: UTTC 15 May 2010
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that was subsequently withdrawn. Held: The taxpayer’s application failed. A tax clearance certificate was properly withdrawn for a failure … Continue reading Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004
A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs. Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen … Continue reading Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The court considered the obligation on an authority to consult: ‘.. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required must be the concept of fairness’ Judges: Keene J Citations: [1996] ELR 74 Jurisdiction: England and Wales … Continue reading Regina v London Borough of Islington ex parte East: Admn 1996
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a voluntary choice not to attend. Held: The applicant was not choosing to stay … Continue reading SB, Regina (on the Application of) v Denbigh High School: CA 2 Mar 2005
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and business. Judges: Peter Gibson LJ, May LJ Citations: [2002] EWCA Civ 569 Links: Bailii Statutes: Children Act 1989 … Continue reading Bowden and Another v Lancashire County Council: CA 16 Apr 2002
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, … Continue reading Oxfordshire County Council v GB and Others: CA 22 Aug 2001
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the modern law to have acquired knowledge of the … Continue reading McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003
The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. Held: Though the school had acted properly, it had failed to call in specialist help and … Continue reading Liennard v Slough Borough Council: QBD 15 Mar 2002
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school. Held: Provided the parents would have a defence to an accusation of not sending their child to … Continue reading Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001
A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract. Held: The section only allowed a completed transaction to be rescued. An uncompleted contract was not itself … Continue reading Bayoumi v Women’s Total Abstinence Union Ltd and Another: CA 5 Nov 2003
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had occurred in 1874, with the result that the … Continue reading Fraser and Another v Canterbury Diocesan Board Of Finance (No 1): CA 24 Nov 2000
The will left land for a sports centre to a local authority which no longer existed. If the gift was charitable, the gift would be applied cy pres, but if not it would fail and pass to the family and be subect to Inheritance Tax. Held: A gift to a local authority of land on … Continue reading Guild v Inland Revenue Commissioners: HL 6 May 1992
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995
ECJ Any condition in a competition notice which prohibits candidates with a university degree from entering a competition for category C posts is unlawful – as is any decision of a selection board based on such a condition – because it is incompatible with the principle of equal treatment in conjunction with the first paragraph … Continue reading Noonan v Commission: ECFI 28 Mar 1996
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported compliance with the right of pre-emption. A year later the plaintiff purported … Continue reading Pritchard v Briggs: CA 1980
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava religion in London. Held: Charities Act jurisdiction is restricted to charities registered … Continue reading Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
A 10 year old child may be present in court on an application relating to him in exceptional circumstances. Held: The child’s appeal was dismissed. Natural justice did not demand the child’s presence in court, and that the rules allowed the court to take the course that it had done. The court had an inherent … Continue reading In Re W (A Minor) (Secure Accommodation Order: Attendance At Court): FD 13 Jul 1994
Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005
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
