Search Results for: Learning and Skills Act 2000 1

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Alloway, Regina (on The Application of) v London Borough of Bromley: Admn 17 Sep 2008

The claimant, a young autistic adult, sought judicial review of an assesment carried out for the respondent under the 2000 Act as to his educational needs. Judges: David Elvin QC Citations: [2008] EWHC 2449 (Admin) Links: Bailii Statutes: Learning and Skills Act 2000 140 Cited by: Cited – DC v London Borough of Ealing UTAA … Continue reading Alloway, Regina (on The Application of) v London Borough of Bromley: Admn 17 Sep 2008

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Parish of St Pancras, Middlesex v The Parish of Clapham, Surrey: 1860

An attorney’s clerk, articled by indenture, was held to be an apprentice and to gain a settlement as such for poor law purposes. In legal acceptation an apprentice is a person who is bound to and who serves another, for the purpose of learning something which the other is to teach him. Crompton J said: … Continue reading The Parish of St Pancras, Middlesex v The Parish of Clapham, Surrey: 1860

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

Grimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council: Admn 12 Aug 2010

The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and that it should be re-imbursed its expenses. Held: The application failed. The meat of the alleged … Continue reading Grimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council: Admn 12 Aug 2010

Edmonds v Lawson, Pardoe, and Del Fabbro: CA 10 Mar 2000

A contract of apprenticeship is synallagmatic. The master undertakes to educate and train the apprentice (or pupil) in the practical and other skills needed to practise a skilled trade (or learned profession) and the apprentice (or pupil) binds himself to serve and work for the master and comply with all reasonable directions. In the case … Continue reading Edmonds v Lawson, Pardoe, and Del Fabbro: CA 10 Mar 2000

Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd: CA 1990

Legitimate Expectation once created not withdrawn The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation. Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the conditions for relying upon any such representation were fulfilled; and if … Continue reading Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd: CA 1990

Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

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

In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003

The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in Britain. Held: No legitimate expectation had been created and relied upon. The parliamentary … Continue reading The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003