Application for further information. Judges: Langley J Citations: [2006] EWHC 1444 (QB) Links: Bailii Jurisdiction: England and Wales Costs Updated: 15 July 2022; Ref: scu.242712
Judges: Sir Mark Potter, P Citations: [2006] EWHC 1230 (Fam) Links: Bailii Statutes: Mental Health Act 1983 3 Jurisdiction: England and Wales Health Updated: 20 December 2022; Ref: scu.242308
Only in exceptional cases will different treatment of employees of itself amount to an unfairness. Citations: [1995] IRLR 305 Jurisdiction: England and Wales Citing: Appeal from – East Surrey District Health Authority v Paul EAT 4-May-1993 . . Cited by: Cited – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006 The reason … Continue reading Paul v East Surrey District Health Authority: CA 1995
In 1987, and before the claim was issued in 1992 the claimant had issued a claim which had never been served. She sought to extend the limitation period arguing that she had not acquired the requisite knowledge until later, Held: She had had the requisite knowledge in 1985. Waite LJ observed that her issue of … Continue reading Whitfield v North Durham Health Authority: CA 1995
Mr Kiani went to work at the Land Rover plant; his dead body was found in a tank in the area in which he worked. He had died of asphyxia. His personal representative sued on the basis that Mr. Kiani had accidentally fallen into the tank; Land Rover suggested that his death was suicide. There … Continue reading Kiani v Land Rover Ltd Others: CA 28 Jun 2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006
The plaintiff challenged a compulsory purchase order, saying that the purpose of the order went beyond the statutory purpose. Held: The provision of ‘houses’ must be taken to include the provision of ancillary facilities. Denning J said that he was satisfied that the local authority did not mean to restrict itself in its letting of … Continue reading HE Green and Sons v Minister of Health (No 2): 1947
A challenge was made to the ban on smoking at a secure hospital. Judges: Lord Clarke MR, Keene, Moses LJJ Citations: [2009] EWCA Civ 795, [2010] PTSR 674, [2009] HRLR 31 Links: Bailii Statutes: European Convention ofHuman Rights 8 14 Jurisdiction: England and Wales Cited by: Cited – Black, Regina (on The Application of) v … Continue reading N, Regina (on The Application of) v Secretary of State for Health: CA 24 Jul 2009
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
Judges: Crane J Citations: [2006] EWHC 3025 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Cited by: See Also – Sheill v The General Medical Council Admn 4-Dec-2008 . .Cited – Bradshaw v General Medical Council Admn 4-Jun-2010 The doctor sought to end an order temporarily suspending his registration. He had … Continue reading General Medical Council v Sheill: Admn 30 Nov 2006
Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but that a breach could be avoided by giving the care worker a right to make representations before being … Continue reading Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another: CA 24 Oct 2007
The employee claimed damages after injury at work using scaffolding equipment supplied by his employers which was upset by the violent act of a fellow employee. Held: The equipment when used properly was safe. It only became dangerous if deliberately misused. The employer could not be vicariously liable for the deliberate wrongful act of a … Continue reading Horton v Taplin Contracts Limited: CA 8 Nov 2002
The asylum applicants had complained that the appellant’s discretionary leave policy for the grant of temporary admissions was unlawful. As failed asylum seekers, they had been held on temporary admission rather than being granted discretionary leave to remain. They had been involved in the hijacking of an airliner in order to escape Afghanistan. The defendant … Continue reading S and others v Secretary of State for the Home Department: CA 4 Aug 2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
Citations: [2006] EWHC 1912 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21, National Health Service and Community Care Act 1990, Children Act 1989 Jurisdiction: England and Wales Housing, Benefits, Children, Local Government Updated: 14 November 2022; Ref: scu.244123
The defendant company had been convicted of failing to keep proper drugs records in the nursing home it ran. Held: The prosecution by the CSCI ws necessarily authorised by the CSCI. As to the issue of intention, the offences alleged were ones of strict liability. The judge had looked to the outcome of the offences … Continue reading Brooklyn House Ltd v Commission for Social Care Inspection: Admn 25 May 2006
Application for order extending suspension of nurse from practice. Citations: [2006] EWHC 1952 (Admin) Links: Bailii Jurisdiction: England and Wales Health Professions Updated: 12 November 2022; Ref: scu.244125
Challenge to transfer of old people’s residential care home to private sector. Judges: Forbes J Citations: [2006] EWHC 1714 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Local Government, Health Updated: 09 November 2022; Ref: scu.243150
A contribution to a damages award was sought. The two year period under section 10 had expired between the anniversary of the date on which an agreement to settle the victim’s claim had been made and the anniversary of the consent order which had given effect to the agreement. The court had to decide whether … Continue reading Knight v Rochdale Healthcare NHS Trust, the National Health Service Litigation Authority, The Secretary of State for Health: QBD 23 Jul 2003
Citations: [2006] EWCA Civ 1648 Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 31 October 2022; Ref: scu.246762
Where adoption is to be considered against the will of the parent, the court should recognise when asking whether the opposition was unreasonable that the test is objective and supposes that this person is endowed with a mind and temperament capable of making reasonable decisions: ‘. . making the freeing order, the judge had to … Continue reading Re C (a Minor) (Adoption: Parental Agreement: Contact): CA 1993
A doctor may deny a patient access to his health records if it is in the patient’s best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective. Citations: Gazette 19-Oct-1994, Independent 07-Sep-1994, Times 16-Aug-1994, [1995] 1 All ER 357 … Continue reading Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin: CA 7 Sep 1994
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006
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
ZERO-RATING – Charities – Medicinal products – Condoms – Supply by distributor to charity which gives condoms to clients – Whether condoms are ‘medicinal products’ – Whether articles ‘for use . . by being administered to a human being . . for a medicinal purpose’ – Yes – VAT Act 1994 Sch 8 Gp 15 … Continue reading Pasante Healthcare Ltd v Revenue and Customs: VDT 22 Aug 2006
Child born after vasectomy – Damages Limited Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim. Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it … Continue reading MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999
Request for information about the number of drivers caught speeding at each fixed camera location in Grampian in 2004/05 – withheld on the basis of section 35(1)(a)and (b) of the Freedom of Information (Scotland) Act 2002 (FOISA) – law enforcement – section 39(1) of FOISA – health and safety Citations: [2006] ScotIC 030 – 2006 … Continue reading Ewen of The Evening Express and Chief Constable of Grampian Police: SIC 23 Feb 2006
The claimant was the child complainant in an allegation of sexual assault. The defendant requested her medical records, and she now complained that she had been unfairly pressured into releasing them. Held: The confidentiality of a patient’s medical records belongs to the patient, and the duty of confidence owed by a medical professional to a … Continue reading TB, Regina (on the Application of) v The Combined Court at Stafford: Admn 4 Jul 2006
Judges: Lord Justice Latham Citations: [2006] EWCA Crim 1156, [2006] ICR 1383, [2007] 2 All ER 665 Links: Bailii Statutes: Health and Safety at Work etc Act 1974 2(1) Jurisdiction: England and Wales Crime, Health and Safety Updated: 29 September 2022; Ref: scu.242124
The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006
EAT UNFAIR DISMISSAL – CompensationPRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barkebr />The successful Claimant worked in the NHS from 1983 but for the Respondent Trust only from 2006. The dispute about this was raised in submissions on the basic award. The Employment Tribunal calculated back to 1983. The EAT allowed the jurisdictional point about Employment Rights … Continue reading Winchester and Eastleigh Healthcare NHS Trust v Walker: EAT 24 Jun 2011
The claimant firefighter crushed a finger trying to release a traffic accident victim with a heavy machine for expanding gaps in metal. The defendant appealed on liability. The court was asked whether a simple warning of the possible danger was sufficient. Held: The employer’s appeal failed (majority). The employer had given inadequate training. The judge … Continue reading Pennington v Surrey County Council and Surrey Fire and Rescue Service: CA 9 Nov 2006
The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents. Held: To fulfil the requirements of Directive 90/364 all of Q, W and X had to demonstrate … Continue reading W (China) and X (China) v Secretary of State for the Home Department: CA 9 Nov 2006
Second appeal against authorisation to receiver to make statutory will. Citations: [2006] EWCA Civ 816, [2006] WTLR 1201 Links: Bailii Statutes: Health Act 1983 Jurisdiction: England and Wales Health, Wills and Probate Updated: 14 September 2022; Ref: scu.242696
The union challenged proposals to enter into a new round of reform of the National Health Service. Held: Even if a legitimate expectation has been created, the courts cannot, consistently with the constitutional function of Parliament, control the right of a minister, in his capacity as a member of Parliament, to introduce a bill in … Continue reading UNISON, Regina (on The Application of) v Secretary of State for Health: Admn 14 Oct 2010
Request for the names of anyone who contacted or lobbied either an MSP, Parliamentary Group or Committee or Civil Servant in relation to the Scottish Executive’s sexual health strategy Citations: [2006] ScotIC 007 – 2006 Links: Bailii Scotland, Information Updated: 08 September 2022; Ref: scu.434504
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making a protected disclosure, but after having left the company. The company said that the Act … Continue reading Woodward v Abbey National Plc: CA 22 Jun 2006
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 suffered severe brain injury in a crash. The parties sought guidance form the court as to his legal capacity. Held: The fact that a party may be particularly susceptible to exploitation was a relevant element when considering his capacity to act, though alone it would not usually be enough to find a lack … Continue reading Lindsay v Wood: QBD 16 Nov 2006
The claimant was elderly and in need of care in a nursing home. She claimed that her care needs had been assessed by an unlawful protocol applied by the health authority. She said that she qualified under the criteria for Continuing Health Care. Held: The question for the court was whether in carrying out its … Continue reading Grogan, Regina (on the Application of) v Bexley NHS Care Trust and others: Admn 25 Jan 2006
The applicants appealed refusal of their application for judicial review of the refusal of the respondents to provide funding for a hydrotherapy pool or a non-nursing day centre. The centre provided these facilities to support those with mental health difficulties. Held: The word ‘facilities’ took its meaning from the context. It would not be correct … Continue reading Keating and Others, Regina (on the Application Of) v Cardiff Local Health Board: CA 6 Jul 2005
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
VAT (Taxation) Value added tax – Directive 2006/112/EC – Exemptions – Article 132(1)(b) and (c) – Hospital and medical care and closely related activities – Provision of medical care in the exercise of the medical and paramedical professions – Collection, testing and processing of umbilical cord blood – Storage of stem cells – Possible future … Continue reading Future Health Technologies v The Commissioners for Her Majesty’s Revenue and Customs: ECJ 10 Jun 2010
The claimant said that whilst resident in a care home, her care should have been paid for as health care under ‘Continuing Health Care.’ She said that the decision maker had failed to comply with the Health Authorities guidelines. Held: In these circumstances it was proper to admit further evidnce about the background to the … Continue reading Green, Regina (on the Application of) v South West Strategic Health Authority: Admn 28 Oct 2008
Appeal against a judgment dismissing a claim for damages for personal injuries the appellant against her employers and a manager employed by the first respondents. The appellant alleged that she had suffered psychiatric injury in the course of her employment and that it was caused by the negligence of the respondents or a breach of … Continue reading Pakenham-Walsh v Connell Residential and Another: CA 21 Feb 2006
The claimant teacher sought damages after being assaulted by an autistic student, alleging failure to provide a safe system of work. There was no completed risk assessment. Held: The risks had in fact been assessed, including the behaviour of the particular pupil. The court was not satisfied that the defendant had been negligent or failed … Continue reading Rigby v Wandsworth Borough Council: QBD 17 Feb 2006
The claimant junior doctors’ association challenged the imposition on them of new contracts of employment, on the basis that the 2006 Act gave him no power so to act, that the manner of imposition was opaque and confused, and was irrational and not based upon proper evidence. Held: None of the challenges succeeded.‘In determining whether … Continue reading Justice for Health Ltd, Regina (on The Application of) v The Secretary of State for Health: Admn 28 Sep 2016
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
The claimant worked for the local authority under a series of contracts. The employer denied that she had been continuously employed and there was no ‘irreducible minimum mutual obligation necessary to create a contract of service’. There were times when she had no work. Held: Given the authorities there was ample reason to find a … Continue reading Cornwall County Council v Prater: CA 24 Feb 2006
A nurse was employed under a contract, under which there was no mutuality of obligation; she could refuse work and employer need offer none. This meant that there was no employment capable of allowing an unfair dismissal issue to arise.Sir Christopher Slade summarised as follows: ‘Principles governing appeals from an industrial tribunal At first impression … Continue reading Clark v Oxfordshire Health Authority: CA 18 Dec 1997
The applicant was a failed asylum seeker who sought judicial review of a decision of an NHS Trust not to provide him with free care. The court was asked for guidance as to whether a health trust had a discretion to provide free health care to a patient who was not ordinarily resident in the … Continue reading YA, Regina (On the Application of) v Secretary Of State for Health: CA 30 Mar 2009
A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006
The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate. Held: The system did not provide a fair system. The Board was not itself independent of the Council whose decision it looked at … Continue reading Tsfayo v The United Kingdom: ECHR 14 Nov 2006
EAT EQUAL PAY ACT: Article 141/European law EQUAL PAY ACT: Material factor defence and justification The claimant contended that a system which rewarded pay in part by reference to length of service constituted a breach of the Equal Pay Act 1970. She accepted that the nature of the job was one where job performance would … Continue reading Wilson v Health and Safety Executive: EAT 19 Dec 2008
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006
Social Policy – The court considered what went to make up age discrimination: ‘the Court acknowledged that rewarding, in particular, experience acquired which enables the worker to perform his duties better constitutes a legitimate objective of pay policy. As a general rule, recourse to the criterion of length of service is appropriate to attain that … Continue reading Cadman v Health and Safety Executive, intervener: Equal Opportunities Commission: ECJ 3 Oct 2006
The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was said that the policy of only providing Herceptin in exceptional cases only was … Continue reading Rogers, Regina (on the Application of) v Secretary of State for Health: Admn 15 Feb 2006
The claimant psychiatrist allowed freedom within the insecure grounds of the hospital to a newly admitted but unexamined patient. He left and committed a homicide. She was suspended pending disciplinary proceedings by the Trust. An expert report found minor faults but suggested no further action, and the claimant sought confirmation that the matter was closed. … Continue reading Mezey v South West London and St George’s Mental Health NHS Trust: QBD 5 Dec 2008
The court allowed the defendant’s appeal against her conviction under section 7 of the 1974 Act in relation to an outbreak of legionnaires disease traced to the cooling towers of an air-conditioning system for which she, the building owners’ employed architect, had been responsible. The prosecution had served on Ms Beckingham ten particulars of alleged … Continue reading Beckingham, Regina v: CACD 22 Mar 2006
The court considered the benefits to a child of continuing parental contact while the child remained in care. Simon Brown LJ said: ‘I recognise of course that the threshold criteria for a care order under section 31 of the 1989 Act require the court to be satisfied that a child is suffering or is likely … Continue reading In re E (A Minor) (Care Order: Contract): CA 1994
Mr McEwan was a probationary fitter employed to maintain and repair buses. He slipped on the surface of a board which was wet and slippery because of a spillage of coolant fluid. Held: The defenders had failed to prove that it would have been reasonably practicable for them to prevent the breach of regulation 12(3).Lord … Continue reading McEwan v Lothian Buses Plc: OHCS 4 Apr 2006
The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which emphasised the need for competition. Held: The appeal against the allowance of the entry for the roposed … Continue reading Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit): CA 5 Dec 2008
The applicant, a Yemeni citizen, obtained entry clearance as a visitor by deception and then unsuccessfully sought leave to remain as a dependent relative of his many children settled here. He had numerous ailments and his health was continuing to deteriorate. In allowing his appeal the adjudicator concluded that he needed ‘permanent and constant home … Continue reading Mukarkar v Secretary of State for the Home Department: CA 25 Jul 2006
The patient had been detained under section 3. He applied to challenge his detention, but before the hearing, he was accepted on to a programme for supervision following his intended release the day before the hearing. His solicitors notified the tribunal of his change in status, but now appealed their refusal to decide his application. … Continue reading SR, Regina (on the Application of) v Mental Health Review Tribunal: Admn 14 Dec 2005
There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving evidence. Held: The court refused the appellant’s application for judicial review of the issue of … Continue reading Dr D v The Secretary of State for Health: Admn 13 Dec 2005
The court considered the nature of the procedures for disciplining medicsl practitioners. Judges: Eady J Citations: [2006] EWHC 1774 (QB) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Mezey v South West London and St George’s Mental Health NHS Trust QBD 5-Dec-2008 The claimant psychiatrist allowed freedom within the insecure grounds of the … Continue reading Mattu v University Hospitals Coventry and Warwickshire NHS Trust: QBD 14 Jul 2006
Judges: Beatson J Citations: [2006] EWHC 1968 (QB) Links: Bailii Statutes: Limitation Act 1980 11 Jurisdiction: England and Wales Citing: Cited – Coad v Cornwall and Isles of Scilly Health Authority CA 17-Jul-1996 A nurse suffered a back injury in 1983 in the course of her employment. She left the employment of the health authority … Continue reading McHugh v Gray: QBD 27 Jul 2006
Citations: [2006] ScotCS CSIH – 35 Links: Bailii Scotland, Health Professions Updated: 15 July 2022; Ref: scu.268805
The claimant, a professional cyclist, sought damages in defamation, saying that the defendant newspaper had implied that he had taken performance enhancing drugs. The case was to be heard by judge alone. The court considered how to deal with the task of identifying the meanings involved. Held: ‘the over-arching question is what overall impression The … Continue reading Armstrong v Times Newspapers Ltd: QBD 30 Jun 2006
The officer had retired on ill health grounds, and now sought damages from his chief constable saying that the duties imposed on him had been excessive, and had caused his injury by negligence, and that he had been bullied by co-workers and had not been given appropriate support by the defendant. Held: The allegations of … Continue reading Clark v The Chief Constable of Essex Police: QBD 18 Sep 2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006
Failure to comply with unless order for payment of interim costs award. Judges: Tugendhat J Citations: [2006] EWHC 632 (QB) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 15 July 2022; Ref: scu.240119
The complainant requested all information provided to HM Treasury by the Department of Health concerning an announcement made in the budget statement of 2 July 1997 of the intention to recoup from insurers the full cost of treating road accident victims. The public authority stated that no such information was held. Following his investigation, the … Continue reading HM Treasury (Decision Notice): ICO 19 Sep 2006
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance did not apply to all health services it was principally an employment measure. … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 Nov 2007
EAT Claimant sought to add a new respondent by way of amendment, almost seven months after he was dismissed by the existing first respondents and some four months after he had lodged his claim with the tribunal. The tribunal allowed the amendment on the basis that the claimant was not adding a new claim but … Continue reading Argyll and Clyde Health Board v Foulds and others: EAT 11 Aug 2006
EAT Unlawful Deduction from Wages – Ready, Willing and Able to Work As the Employment Tribunal had found that the Respondent had the right to take the Claimant off stand-by duties on health and safety grounds, the consequent reduction in pay was not an unauthorised deduction. He was then paid what was properly payable under … Continue reading Camden Primary Care Trust v Atchoe: EAT 22 Aug 2006
EAT Equal Pay Act – Part time pensions Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in … Continue reading Secretary of State for Health v Rance: EAT 4 May 2007
Judges: Marion Simmons QC (Chairman) Citations: [2006] CAT 30 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Healthcare at Home v Genzyme Ltd CAT 15-Nov-2006 . . Lists of cited by and citing cases may be incomplete. Commercial, Damages, Litigation Practice Updated: 10 July 2022; Ref: scu.249555
The complainant requested the exact number of Registered Sex Offenders (RSO) in the Sussex Police Authority area. He also requested a geographical breakdown of the figure and suggested that Sussex Police provide him with RSO numbers per district. Sussex Police provided the area level figure but refused to provide a geographical breakdown of that figure … Continue reading Sussex Police (Decision Notice): ICO 26 May 2006
EAT Race Discrimination – Inferring discrimination; Victimisation; Vicarious liabilityThe Employment Tribunal appear to have found that a non-discriminatory, unreasonable, treatment of the Claimant was prima facie on the grounds of his race. The Employment Tribunal had failed to adequately consider evidence of non-discriminatory factors that may have explained the Respondent’s conduct, as not being discriminatory. … Continue reading North East London Strategic Health Authority v Nassir-Deen: EAT 18 Dec 2006
EAT Equal Pay Act – Out of time A hearing which was to be about whether the Claimant was to be warned as to costs and pay a deposit turned into a hearing as to a strike out. Apart from this procedural issue the EAT agreed with the Appellant that to strike out a case … Continue reading Uruakpa v Gwent Healthcare NHS Trust and others: EAT 5 Sep 2006
Practice and Procedure – The claimant appealed a deposit order made in respect of his claim for direct and indirect disability discrimination. He has a stammer and was assumed to be a disabled person at this stage of the proceedings. His claim concerned the respondent’s advertisement for telephone researchers. He alleged that a stated requirement … Continue reading Garcia v The Leadership Factor Ltd: EAT 1 Feb 2022
The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
IAT 1. The fact that conditions in a country are unstable or fluid does not necessarily mean the AIT will avoid producing country guidance decisions relating to risk categories in that country. 2. Generally speaking and given recent developments, it would only be in the exceptional case that an appellant could show a continuing risk … Continue reading KG (Review of Current Situation) Nepal CG: IAT 31 Oct 2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed. Held: The damage to the reversion should have been inferred from the estimated cost of repairing … Continue reading Latimer and Another v Carney and others: CA 27 Oct 2006
The cliamant had challenged a decision by the respondent on the method of provision of general practioner medical services in her village. She said that the procedure had been flawed in that the consultation had been inadequate. Held: Her appeal succeeded. May LJ, summarising the authorities as to whether a procedural unfairness was significant, said: … Continue reading Smith v North East Derbyshire Primary Care Trust: CA 23 Aug 2006
EAT The Claimant claimed that she was disabled within the meaning of the Disability Discrimination Act 1995. She claimed she was suffering from carpal tunnel syndrome, which was accepted. She also complained she was suffering from a mental impairment, i.e ‘stress’. Before the Employment Tribunal she failed to adduce any medical evidence beyond certain brief … Continue reading Beales v Secretary of State for Work and Pensions: EAT 18 Sep 2006
The claimant applied for a review of a decision by the respondent council not to sell it land. Held: The challenge failed. The councillors had acted in accordance with advice given to them by officers, and ‘the committee was concerned only to consider what was in the interest of the Council. And in reaching its … Continue reading Island Farm Development Ltd, Regina (on the Application of) v Bridgend County Borough Council: Admn 25 Aug 2006
EAT Discrimination – burden of proof – whether Bahl v Law Society still good law – significance of first tribunal’s findings on unfair dismissal claim when second tribunal conducted discrimination hearing following remission by EAT. Citations: [2006] UKEAT 0180 – 06 – 2807 Links: Bailii Jurisdiction: England and Wales Citing: See Also – J Fernandez … Continue reading Fernandez v The Office of the Parliamentary Commissioner for Administration and Another: EAT 28 Jul 2006
The doctors complained of their removal from the respondents’ ‘performers lists’. Held: A primary care trust when holding such an oral hearing had to allow doctor to have legal advocay. Though no such right was granted by the regulations nor was it excluded. Where there were disputed issues of fact, a doctor ought to have … Continue reading Regina (SS) v Knowsley NHS Primary Care Trust; Regina (Ghosh) v Northumberland NHS Care Trust: Admn 19 Feb 2006
Appeal against refusal of community leave of absence for mental patient. Judges: Silber J Citations: [2006] EWHC 1903 (Admin) Links: Bailii Statutes: Mental Health Act 1983 17 Health Updated: 07 July 2022; Ref: scu.243382
Held: The brevity of the disciplinary committee’s consideration of the issues relating to sanction, as contained in its determination, permitted the court to examine afresh the appropriateness of the penalty imposed. Citations: [2006] UKPC 39 Links: Bailii Cited by: Cited – Hazelhurst and Others v Solicitors Regulation Authority Admn 11-Mar-2011 The claimants appealed against disciplinary … Continue reading Macleod v The Royal College of Veterinary Surgeons (the Disciplinary Committee of the Rcvs): PC 24 Jul 2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
Citations: [2006] ScotSC 55 Links: Bailii Jurisdiction: Scotland Health, Agency Updated: 07 July 2022; Ref: scu.243215
JB challenged his detention under the 1983 Act. Held: The judicial review procedure afforded a sufficient appeal procedure for a detainee. Judges: Auld LJ, Scott Baker LJ, neuberger LJ Citations: [2006] EWCA Civ 961, [2006] HRLR 40 Links: Bailii Statutes: Mental Health Act 1983 37 41 Jurisdiction: England and Wales Cited by: Cited – T-Mobile … Continue reading JB, Regina (on the Application of) v Responsible Medicial Officer, Dr Haddock: CA 11 Jul 2006