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Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995

Local Authority may cease to provide any care of a particular class if alternative voluntary arrangements can be made available. Citations: Gazette 06-Sep-1995, Times 29-Jun-1995 Statutes: Community Care Act 1990 1, National Assistance Act 1948 Jurisdiction: England and Wales Citing: Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith QBD 21-Apr-1995 A … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: CA 29 Jun 1995

Westminster City Council v National Asylum Support Service: Admn 27 Feb 2001

Judges: Stanley Burnton J Citations: [2001] EWHC Admin 138 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Westminster City Council v National Asylum Support Service CA 10-Apr-2001 . .At first instance – Westminster City Council v National Asylum Support Service HL 17-Oct-2002 The applicant sought assistance … Continue reading Westminster City Council v National Asylum Support Service: Admn 27 Feb 2001

Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000

A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the insubstantial nature of a teletext broadcast, the page constituted, sufficiently for the Act, ‘an advertisement … Continue reading Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003

Fay, Regina (on the Application of) v Essex County Council: Admn 26 Apr 2004

Judges: Charles J Citations: [2004] EWHC 879 (Admin) Links: Bailii Statutes: National Assistance Act 1948 29 Jurisdiction: England and Wales Cited by: Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004 Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding … Continue reading Fay, Regina (on the Application of) v Essex County Council: Admn 26 Apr 2004

KM, Regina (on The Application of) v Cambridgeshire County Council: CA 9 Jun 2011

The claimant was a severely disabled adult, entitled to assistance under the 1970 Act. He had been refused leave to bring judicial review of the decision as to the extent of that assistance. Held: Leave was granted, and the court decided to hold the review itself. Doing so, it rejected the challenge, saying: ‘There has … Continue reading KM, Regina (on The Application of) v Cambridgeshire County Council: CA 9 Jun 2011

In Re Z (Local Authority: Duty): FD 3 Dec 2004

Mrs Z suffered a terminal disease, and sought to travel to Switzerland supported and assisted by her husband, so that she could terminate her life. She appealed an injunction obtained by the authority to prevent her leaving. Held: The authority had been supporting her. When circumstances came to their attention suggesting she had made a … Continue reading In Re Z (Local Authority: Duty): FD 3 Dec 2004

Robson and Another, Regina (on The Application of) v Salford City Council: Admn 23 Oct 2014

The claimants who all suffered disability complained of the withdrawal by the respondent of its Passenger Transport Unit, which had provided support to them in attending local day care facilities. Held: The request for judicial review failed. Davies J described the statutory scheme: ‘It is common ground that the defendant is obliged under section 29 … Continue reading Robson and Another, Regina (on The Application of) v Salford City Council: Admn 23 Oct 2014

McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011

Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999

A person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs … Continue reading Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999

M, Regina (on the Application of) v Slough Borough Council: Admn 27 Apr 2004

The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the section. Held: The claim succeeded. The fact that medication and regular medical attention were … Continue reading M, Regina (on the Application of) v Slough Borough Council: Admn 27 Apr 2004

Johnson and others v London Borough of Havering and others: CA 30 Jan 2007

The claimants were residents of old people’s homes run by the council and maintained under s21 of the 1948 Act. They objected to the transfer of the homes into the private sector saying that it would infringe their rights to family life, and that the protection afforded to them would be reduced. Held: The claimants … Continue reading Johnson and others v London Borough of Havering and others: CA 30 Jan 2007

South West Care Homes Ltd and Others, Regina (on The Application of) v Devon County Council and Another: Admn 7 Nov 2012

The claimant which ran various residential care and nursing homes challenged the decisions by the respondent as to the rates it would pay to support the care of other patients. Judges: Milwyn Jarman QC Citations: [2012] EWHC 2967 (Admin) Links: Bailii Statutes: National Assistance Act 1948, National Health Service and Community Care Act 1990 47, … Continue reading South West Care Homes Ltd and Others, Regina (on The Application of) v Devon County Council and Another: Admn 7 Nov 2012

Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same: Admn 18 Apr 2002

The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant’s … Continue reading Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same: Admn 18 Apr 2002

Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another: QBD 30 Nov 2001

The Council had provided financial assistance for the care of the claimant’s father before his death in a residential home. Those costs were in part recoverable as a civil debt. His father had given him the house by deed of gift. The regulations provided that the father was to be treated as still possessing property … Continue reading Regina (on the Application of the Personal Representatives of Christopher Beeson) v Dorset County Council and Another: QBD 30 Nov 2001

Slough Borough Council v M, Regina (on the Application Of): CA 25 May 2006

The claimant was subject to immigration control. He sought assistance under the 1948 Act on the basis that he suffered HIV. The authority appealed an order requiring them to provide assistance on the basis that he need for medication brought him within the section. Held: The authority’s appeal was dismissed. Care and attention could extend … Continue reading Slough Borough Council v M, Regina (on the Application Of): CA 25 May 2006

Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982

The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982

SL, Regina (on The Application of) v City of Westminster Council: Admn 15 Nov 2010

Application for permission to seek judicial review of a decision in a letter from the Council’s solicitor, to refuse to accommodate the claimant pursuant to duties under section 21(1)(a) of the National Assistance Act 1948. Held: The claim failed. Important as was the social work support to SL’s well being, it did not amount to … Continue reading SL, Regina (on The Application of) v City of Westminster Council: Admn 15 Nov 2010

Green, Regina (on the Application of) v South West Strategic Health Authority: Admn 28 Oct 2008

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

Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016

Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another: Admn 19 Mar 1998

The applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus. Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power in the United Kingdom courts to entertain issues which do not merely touch upon but are inseparable from the … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another: Admn 19 Mar 1998

Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of the National Assistance Act, failed to provide the family with accommodation suited to … Continue reading Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. In breach of their duty under section 21(1)(a) of the 1948 Act, the respondent council failed for some 20 months to provide the family with accommodation suited to her disability. The consequences were appalling. The … Continue reading Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002

Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007

The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority … Continue reading Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007

Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Oct 2002

The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent’s decision making process an element, her right to respect for family life, which he was obliged under the Convention to … Continue reading Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Oct 2002

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close. Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a … Continue reading Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

Regina on the Application of Goldsmith v The London Borough of Wandsworth: CA 27 Aug 2004

The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the residential home she knew. Held: The Authority’s decision making … Continue reading Regina on the Application of Goldsmith v The London Borough of Wandsworth: CA 27 Aug 2004

Wahid v London Borough of Tower Hamlets: CA 7 Mar 2002

Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better accommodation as a person in need of care and attention under s 21(1) of the National Assistance Act 1948. The court decided that in a … Continue reading Wahid v London Borough of Tower Hamlets: CA 7 Mar 2002

Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997

This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim … Continue reading Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997

Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999

A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. Citations: Times 20-Apr-1999, [1999] EWHC Admin 285, (1999) 2 CCLR 340 Links: Bailii Statutes: National Assistance … Continue reading Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999

Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe): Admn 28 Apr 1997

A charge placed upon a house by the respondent local authority to secure payment for residential care for the owner was valid. The authority had a broad discretion which it had validly exercised. Citations: Times 07-May-1997, [1997] EWHC Admin 422 Links: Bailii Statutes: National Assistance Act 1948, National Assistance (Assessment of Resources) Regulations 1992 (1992 … Continue reading Regina v Somerset County Council ex parte Faith Gertrude Harcombe (By Her Son and Next Friend David Peter Timothy Harcombe): Admn 28 Apr 1997

Regina v Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others: QBD 31 Jul 1997

Provision to asylum seekers denied other benefits of board and lodging must be in kind and not in cash Citations: Times 31-Jul-1997 Statutes: National Assistance Act 1948 21(1) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others CA … Continue reading Regina v Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others: QBD 31 Jul 1997

Steane and Another v Chief Adjudication Officer and Another: CA 19 Dec 1995

Attendance allowance could be granted to a care resident who didn’t apply via the Local Authority Social Services department.Attendance allowance payable to elderly person on transfer of nursing home into the private sector. Citations: Times 19-Dec-1995, Ind Summary 08-Jan-1996 Statutes: Social Security (Attendance Allowance)(No 2) Regulations 1975/598, National Assistance Act 1948 Jurisdiction: England and Wales … Continue reading Steane and Another v Chief Adjudication Officer and Another: CA 19 Dec 1995

Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc: CA 17 Feb 1997

The court recognised the potential role of local authorities under section 21(1)(a) in meeting the needs of those seeking asylum and otherwise, but having benefits withheld pending determination of their claims. Asylum seekers who had been excluded from the benefits system are to be supported by the local authority. Judges: Lord Woolf MR, Waite, Henry … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte M etc: CA 17 Feb 1997

Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000

The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority. Held: The refusals were unlawful. Where circumstances of need arose over and above needs arising from lack of accommodation and funds, then … Continue reading Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha: CA 7 Sep 2000

Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996

LT Applicable amount – local authority accommodation leased to voluntary organisations – whether claimants are ‘persons in residential accommodation’ or are living in ‘residential care homes’ Judges: Lord Keith, Lord Mustill, Lord Slynn of Hadley, Lord Nicholls of Birkenhead and Lord Hope of Craighead Citations: Gazette 09-Oct-1996, Times 08-Aug-1996, [1996] UKSSCSC CIS – 298 – … Continue reading Chief Adjudication Officer and Another v Quinn (For Jane Harris) and Another: HL 9 Oct 1996

Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

The applicant sought review of the authority’s decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction. Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority’s … Continue reading Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002

Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others: CA 9 Sep 1998

The provision by Local Authorities of assistance to destitute asylum seekers had to be by direct help and not by way of cash or cash substitutes (vouchers). Citations: Times 09-Sep-1998 Statutes: National Assistance Act 1948 21(1) Jurisdiction: England and Wales Citing: Appeal from – Regina v Secretary of State for Health Ex Parte Hammersmith and … Continue reading Regina v Secretary of State for Health ex parte Hammersmith and Fulham London Borough Council and Others: CA 9 Sep 1998

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

AW, Regina (on the Application of) v London Borough of Croydon; A D Y v London Borough of Hackney and Secretary of State for the Home Department: Admn 16 Dec 2005

Judges: Mr Justice Lloyd Jones Citations: [2005] EWHC 2950 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Croydon and Another v AW, A and Y, Regina (on the Application of) CA 4-Apr-2007 The authority appealed a finding that it was responsible to provide support to … Continue reading AW, Regina (on the Application of) v London Borough of Croydon; A D Y v London Borough of Hackney and Secretary of State for the Home Department: Admn 16 Dec 2005

Regina (Zarzour) v Hillingdon London Borough Council: CA 2009

The applicant Z awaited a decision on his asylum claim. He was blind, and needed help with dressing and laundry, with finding his way around his accommodation, and with shopping; he could not go out safely on his own. The judge upheld his claim to judicial review of the refusal to provide assistance under the … Continue reading Regina (Zarzour) v Hillingdon London Borough Council: CA 2009

Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006

The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed assessment of his needs meant that no representation could be expected to continue. … Continue reading Lindley, Regina (on the Application of) v Tameside Metropolitan Borough Council: Admn 21 Sep 2006

Regina v Sefton Borough Council ex parte Help the Aged: Admn 26 Mar 1997

A Local Authority was entitled to look to its financial resources before setting the standards and levels of care it could provide. Citations: Times 27-Mar-1997, [1997] EWHC Admin 338 Statutes: National Assistance Act 1948 2(1)(a) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Sefton Metropolitan Borough Council ex parte Help the Aged … Continue reading Regina v Sefton Borough Council ex parte Help the Aged: Admn 26 Mar 1997

Regina v Wandsworth London Borough Council Ex Parte Beckwith: QBD 21 Apr 1995

A Local Authority must maintain some facilities to provide each type of social care it was required to supply. Citations: Independent 21-Apr-1995, Times 05-Jun-1995 Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Wandsworth London Borough Council Ex Parte Beckwith CA 29-Jun-1995 Local Authority may cease to … Continue reading Regina v Wandsworth London Borough Council Ex Parte Beckwith: QBD 21 Apr 1995

Regina v Lambeth London Borough Council ex parte Sarhangi: QBD 9 Dec 1998

Where someone entered the UK with permission but overstayed, was imprisoned and ordered to be deported, but could not for some reason leave despite being willing, that person was not dis-entitled to receive residential assistance under the Act. Citations: Times 09-Dec-1998 Statutes: National Assistance Act 1948 21(1) Benefits Updated: 09 April 2022; Ref: scu.87106

Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015

Kent County Council, Regina (on The Application of) v The Secretary of State for Health and Others: CA 11 Feb 2015

The court was asked as to which of a number of local authorities should be responsible for funding the residential accommodation of a disabled adult pursuant to section 21 of the 1948 Act. In particular, it concerns the proper construction of section 24(5) which deems a person to be ordinarily resident in a local authority … Continue reading Kent County Council, Regina (on The Application of) v The Secretary of State for Health and Others: CA 11 Feb 2015

Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

Walford, Regina (on The Application of) v Worchestershire County Council: Admn 10 Feb 2014

The Claimant challenged the decision of the Respondent to uphold its reversal of a previous decision to disregard a property, Sunnydene, Astley Burf, Stourport-on-Severn owned by the Claimant’s elderly mother, in calculating her mother’s ability to pay care home charges. Held: The decision was quashed and returned for reconsideration. While the Council had rightly believed … Continue reading Walford, Regina (on The Application of) v Worchestershire County Council: Admn 10 Feb 2014

Aster Healthcare Ltd v Shafi (Estate of): QBD 24 Jan 2014

The defendant executor appealed from summary judgment in favour of the claimant in respect of outstanding care home fees. Andrews DBE J [2014] EWHC 77 (QB), [2014] PTSR 888, [2014] WLR(D) 42 Bailii, WLRD Mental Capacity Act 2005, National Assistance Act 1948, National Health Service and Community Care Act 1990 England and Wales Contract, Health, … Continue reading Aster Healthcare Ltd v Shafi (Estate of): QBD 24 Jan 2014

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014

Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957

The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final. Held: In its decision the tribunal had made reference to the expert medical report and thereby had … Continue reading Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957

SL v Westminster City Council: SC 9 May 2013

The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and derived from his destitution, and that they had no obligation to assist. He had failed … Continue reading SL v Westminster City Council: SC 9 May 2013

M, Regina (on the Application of) v Slough Borough Council: HL 30 Jul 2008

The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only needs, other than for a home and subsistence, are for medication prescribed by his doctor … Continue reading M, Regina (on the Application of) v Slough Borough Council: HL 30 Jul 2008

Buttes Gas and Oil Co v Hammer (No 3): HL 1981

In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved in the dispute. The authorities concerning acts of state were reviewed for the purpose of a … Continue reading Buttes Gas and Oil Co v Hammer (No 3): HL 1981

Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000