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Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005

After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000). Held: The defendant was unable to set off against the amount ordered to be paid any sum which … Continue reading Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Britannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman: Admn 21 Mar 2002

The Ombudsman had sought to rule on a complaint against the applicants. They said the Ombudsman had no jurisdiction. Held: For jurisdiction the Ombudsman had to rely upon his statutory powers. Those allowed him to rule on those who were, or acted as administrators of a pension scheme; those who ran it. ‘It is of … Continue reading Britannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman: Admn 21 Mar 2002

Smith, Regina (on The Application of) v Department of Work and Pensions: Admn 19 May 2014

Renewed application by the claimant for permission to apply for judicial review of a decision of the defendant to refer her for a skills conditionality assessment interview and thereafter to participate in a Skills Conditionality Scheme period of training Judges: Mr Justice Foskett Citations: [2014] EWHC 2590 (Admin) Links: Bailii Statutes: Jobseekers Act 1995 17A … Continue reading Smith, Regina (on The Application of) v Department of Work and Pensions: Admn 19 May 2014

Delve and Another, Regina (on The Application of) v The Secretary of State for Work and Pensions: CA 15 Sep 2020

Appellants challenged the changes brought about to women’s pensions by the Pensions Acts 1995 and 2007 raising the ages from which pensions would be available. Judges: Sir Terence Etherton MR, Lord Justice Underhill and Lady Justice Rose Citations: [2020] EWCA Civ 1199, [2020] WLR(D) 507, [2020] HRLR 20, [2021] 3 All ER 115, [2021] ICR … Continue reading Delve and Another, Regina (on The Application of) v The Secretary of State for Work and Pensions: CA 15 Sep 2020

Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

Legal and General Assurance Society Ltd v Pensions Ombudsman and Others; Regina v Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd: ChD 3 Nov 1999

There is no facility to appeal against an interim decision or determination of the Pensions Ombudsman, on a point of law, to the High Court. The appeal is purely statutory, and since no express capacity for such an appeal is provided, none exists. Judges: The Honourable Mr Justice Lightman Citations: Times 07-Dec-1999, Gazette 01-Dec-1999, [1999] … Continue reading Legal and General Assurance Society Ltd v Pensions Ombudsman and Others; Regina v Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd: ChD 3 Nov 1999

Pressos Compania Naviera S A And Others v Belgium: ECHR 20 Nov 1995

When determining whether a claimant has possessions or property within the meaning of Article I the court may have regard to national law and will generally do so unless the national law is incompatible with the object and purpose of Article 1. Any interference with the enjoyment of property must be justifiable as being in … Continue reading Pressos Compania Naviera S A And Others v Belgium: ECHR 20 Nov 1995

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

AA v Secretary of State for Work and Pensions: UTAA 15 Mar 2012

UTAA Jobseekers allowance – voluntary unemployment – ‘This case raises some interesting and difficult questions about the relevance to the provision in section 19(6)(a) of the Jobseekers Act 1995 for a ‘sanction’ (ie the identification of a period up to 26 weeks for which jobseeker’s allowance (JSA) is not payable) where a claimant has ‘lost … Continue reading AA v Secretary of State for Work and Pensions: UTAA 15 Mar 2012

Smith v Secretary of State for Work and Pensions: CA 19 Mar 2015

The Appellant had been unemployed and in receipt of JSA for several years. He was required to do work under the MWA scheme, and he did so over four weeks, He commenced judicial review proceedings challenging the lawfulness of the MWA Regulations on various grounds. He was eventually given permission on a single ground, namely … Continue reading Smith v Secretary of State for Work and Pensions: CA 19 Mar 2015

The Department for Work and Pensions v Conyers: EAT 5 Nov 2014

EAT Disability Discrimination: Disability – PRACTICE AND PROCEDURE – Perversity – Disability – whether evidence to support finding – The Claimant had two periods of absence during the latter part of her employment. She had conceded in her witness statement and evidence that she was not a disabled person for the purposes of the Disability … Continue reading The Department for Work and Pensions v Conyers: EAT 5 Nov 2014

The Mayor and Burgesses of the London Borough of Newham v Skingle and the Pensions Ombudsman: ChD 23 May 2002

The applicant was a retired local government worker. His pension was determined by his final salary. He worked many hours overtime. Was that overtime to be included when calculating his pension? The regulations included all payments, but not non-contractual overtime. Held: The regulations were not clear. The contract provided overtime rates, so the ombudsman had … Continue reading The Mayor and Burgesses of the London Borough of Newham v Skingle and the Pensions Ombudsman: ChD 23 May 2002

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 30 Oct 2013

The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by Miss Reilly and Mr Wilson against the Court of Appeal’s rejection of … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 30 Oct 2013

Delve and Another, Regina (on The Application of) v The Secretary of State for Work and Pensions: Admn 3 Oct 2019

Claimants challenged the raising of the age at which women became entitled to a state pension. Held: The Appellants’ judicial review claim was dismissed. Lord Justice Irwin and Mrs Justice Whipple [2019] EWHC 2552 (Admin) Bailii England and Wales Cited by: Appeal from – Delve and Another, Regina (on The Application of) v The Secretary … Continue reading Delve and Another, Regina (on The Application of) v The Secretary of State for Work and Pensions: Admn 3 Oct 2019

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

Reilly (No 2) and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 4 Jul 2014

The Claimants sought a declaration of incompatibility, under section 4 of HRA 1998, on the ground that the 2013 Act was incompatible with their rights under Article 6 and Article 1 of the First Protocol to the European Convention on Human Rights. Lang J [2014] EWHC 2182 (Admin), [2014] WLR(D) 420, [2015] 1 QB 573, … Continue reading Reilly (No 2) and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 4 Jul 2014

Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Having ‘due regard’ is not Obligation to do The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the removal of post offices from … Continue reading Brown, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 18 Dec 2008

Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006

Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the magistrates had no such jurisdiction. ‘section 33(4) precludes the justices from investigating … Continue reading Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013

The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance. Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations had named a scheme of work and the details of it were set out elsewhere. This did … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 12 Feb 2013

Francovich v Italy: ECJ 9 Nov 1995

ECJ Council Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer is to be interpreted as applying to all employees, other than those in the categories listed in the Annex thereto, whose employers may, under the applicable … Continue reading Francovich v Italy: ECJ 9 Nov 1995

Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011

The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order. Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The entitlement is a statutory one, and any liability to repay is separate and independent, being only a … Continue reading Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011

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

BIC UK Ltd v Burgess and Others: CA 10 May 2019

Attempt by the trustees and the principal employer of a private sector defined benefit occupational pension scheme to introduce inflation-linked annual increases to the pensions of members of the scheme earned by service before 6 April 1997. The relevance of that date is that under section 51 of the Pensions Act 1995 such increases were … Continue reading BIC UK Ltd v Burgess and Others: CA 10 May 2019

Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc and Others: ChD 17 Jun 2002

The company found itself unable to fund the pension scheme it had committed itself to. If it sought to pay the money due, the company would have to go into liquidation. It did not meet the minimum funding requirements of the Act. The company proposed a scheme of compromise with the trustees. Held: There was … Continue reading Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc and Others: ChD 17 Jun 2002

Regina v Commissioner for Local Administration ex parte Eastleigh Borough Council: CA 1988

Maladministration includes bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude and arbitrariness in reaching a decision or exercising a discretion, but that it has nothing to do with the intrinsic merits of the decision itself.Lord Donaldson of Lymington MR set out the correct view of the relationship between a local authority and the Ombudsman: ‘There … Continue reading Regina v Commissioner for Local Administration ex parte Eastleigh Borough Council: CA 1988

Bus Employees Pension Trustees Ltd and Another v Harrod and Others; NBPF Pension Trustees Ltd and Another v Paddock and Another: CA 6 May 1999

Where a scheme had been wound up, but later acquired a right of action, that benefit did not re-constitute the beneficiaries as members of the scheme. A subsequent discretionary augmentation of benefit was insufficient. Citations: Times 06-May-1999 Statutes: Pensions Act 1995 124(1) Jurisdiction: England and Wales Financial Services Updated: 10 May 2022; Ref: scu.78776

Trustee Solutions Ltd and others v Dubery and Another: CA 26 Jul 2007

When apportioning the assets of a pension fund on its winding up under the statutory scheme, the trustees had to take careful note of the differing historic retirement ages throught the scheme and between men and women. Citations: Times 17-Aug-2007 Statutes: Pensions Act 1995 Jurisdiction: England and Wales Citing: Appeal from – Trustee Solutions Ltd … Continue reading Trustee Solutions Ltd and others v Dubery and Another: CA 26 Jul 2007

South West Trains Ltd v Wightman and Others: ChD 14 Jan 1998

The trades’ union had agreed with the employer that what had been irregular and non-pensionable payments made to employees would, in future, be paid regularly, but that only certain parts of the payments become pensionable. The employer now sought to enforce that agreement, on the inception of a new scheme which it had to be … Continue reading South West Trains Ltd v Wightman and Others: ChD 14 Jan 1998

National Grid Co Plc v Mayes and Others; International Power Plc (Formerly National Power Plc) v Healy and Others: HL 7 Jun 2001

The release by the trustees of a sum due to the pension scheme from the employers, did not make funds payable to the employer, so as to trigger the clause within the scheme trust deed which would restrain such a payment. Where an actuarial surplus had accrued within a scheme, and there was a substantial … Continue reading National Grid Co Plc v Mayes and Others; International Power Plc (Formerly National Power Plc) v Healy and Others: HL 7 Jun 2001

JR55, Re Application for Judicial Review (Northern Ireland): SC 11 May 2016

The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what circumstances, the Complaints Commissioner has power to recommend the payment of a money sum to … Continue reading JR55, Re Application for Judicial Review (Northern Ireland): SC 11 May 2016

Aon Trust Corporation Ltd v KPMG (A Firm) and others: CA 28 Jul 2005

The claimants were trustees of the defendant’s pension scheme. They sought additional payments to make up a shortfall in funds, on the basis that the fund was an earnings related pension scheme, and that the company therefore had obligations to make good any shortfall in the scheme. Held: Compulsory contributions were payable in each year … Continue reading Aon Trust Corporation Ltd v KPMG (A Firm) and others: CA 28 Jul 2005

Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006

The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment. Held: The words ‘writing under hand’ clearly required a signature, and the amendment was ineffective. No estoppel arose as against the members: ‘An avoidance of pedantry, … Continue reading Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006

Heis and Others v MF Global UK Services Ltd: ChD 31 Mar 2015

The parent company and its service company had gone into insolvent administration. The service company had seconded most of its employees to e main company and its administrators now sought an indemnity against the service company’s liabilities under the 1995 Act from the main company. Held: The service was entitled to an indemnity as requested … Continue reading Heis and Others v MF Global UK Services Ltd: ChD 31 Mar 2015

The Trustee of The Singer and Friedlander Ltd Pension and Assurance Scheme v Corbett: ChD 16 Oct 2014

The court was asked whether the trustee of a pension scheme is able to assign the debt owed to the pension scheme which is created by s75 Girss J [2014] EWHC 3038 (Ch), [2015] Pens LR 31, [2015] WLR(D) 242, [2015] 1 CH 571, [2015] 3 WLR 787 Bailii, WLRD Pensions Act 1995 75 England … Continue reading The Trustee of The Singer and Friedlander Ltd Pension and Assurance Scheme v Corbett: ChD 16 Oct 2014

Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law. Held: To be an establishment for the purposes of the Insolvency Regulation the following qualities must be present on the … Continue reading Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008

The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008

Gallagher and Another, Regina (on The Application of) v Basildon District Council: Admn 9 Nov 2010

The claimant challenged the refusal of the Council to pay compensation as recommended by the Ombudsman. The Council had gathered personal details and information of the claimants in the course of a planning dispute, and then published that information on its website. Though accepting that there needed to be good reason for not following the … Continue reading Gallagher and Another, Regina (on The Application of) v Basildon District Council: Admn 9 Nov 2010

Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005

The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object. Held: The applicant had been deprived of her right to make objection to the application by the authortiy’s failure. If the authority had communicated its decision, she … Continue reading Nunn, Regina (on the Application of) v First Secretary of State and others: CA 8 Feb 2005

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The United States of America v Nolan: SC 21 Oct 2015

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

Secretary of State for Trade and Industry v Frid: HL 13 May 2004

The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004

Dyer v Watson and Burrows: PC 29 Jan 2002

Parties challenged the compliance of proceedings with the convention where there had been considerable delay. Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing rights, which could be broken notwithstanding absence of effect on the fairness of the trial. The threshold for delay was high, but once established … Continue reading Dyer v Watson and Burrows: PC 29 Jan 2002

Van Der Mussele v Belgium: ECHR 23 Nov 1983

There is discrimination only if the cases under comparison are not sufficiently different to justify the difference in treatment. This expressed by saying that the two cases must be in an ‘analogous situation’. The social security system is a ‘system characterised by a corpus of rights and obligations of which it would be artificial to … Continue reading Van Der Mussele v Belgium: ECHR 23 Nov 1983

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

Elsie Rita Johnson v Chief Adjudication Officer: ECJ 6 Dec 1994

Europa Social policy – Equal treatment for men and women in matters of social security – Directive 79/7 – Article 4(1) – Direct effect – National legislation limiting the period prior to the bringing of a claim for benefit for incapacity for work in respect of which arrears are payable – Whether permissible – Directive … Continue reading Elsie Rita Johnson v Chief Adjudication Officer: ECJ 6 Dec 1994

Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment): ECJ 6 Oct 1993

Equal pay for men and women – Survivor’s pension – Limitation of the effect in time of the judgment in Case C-262/88 Barber.As to Barber: ‘The Court’s ruling took account of the fact that it is a characteristic of this form of pay [scil, benefits provided for by private occupational pension schemes] that there is … Continue reading Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment): ECJ 6 Oct 1993

Mulvey v Secretary of State for Social Security: HL 20 Mar 1997

The appellant had had repayable awards from the social fund and also income support benefit. Deductions were made from the benefit to repay the awards. Her estate was sequestrated. She argued that the awards should no longer be deducted. Held: Deductions by way of recoupment for overpayments of benefit were correctly continued after bankruptcy.Lord Jauncey … Continue reading Mulvey v Secretary of State for Social Security: HL 20 Mar 1997

AXA Reinsurance (UK) Plc v Field: HL 12 Sep 1996

The terms originating ’cause’ and ‘event’ are to be differently construed, one means a continuing situation and the other refers to a discrete event.Under the ‘LMX Spiral’ Lloyds’ syndicates wrote substantial excess of loss business.The cross insurances between themselves eventually exhausted the cover, leaving none. Many members sued their underwiters, and the question was how … Continue reading AXA Reinsurance (UK) Plc v Field: HL 12 Sep 1996

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

Blackpool Corporation v Locker: CA 1948

The effect of the delegation of a power is that the power in question is exercisable by the delegate and no longer by the pricipal delegator. Scott LJ discussed the rule that ignorance of the law is no excuse: The maxim that ignorance of the law does not excuse any subject represents the working hypothesis … Continue reading Blackpool Corporation v Locker: CA 1948

X v Netherlands: ECHR 1967

The applicant, a specialist worker in the building industry, claimed unemployment benefit and was required as a condition of payment to accept work which he considered to be unsuitable for a person with his qualifications and socially demeaning. He refused the offer and brought a complaint of a violation of article 4. The Commission declared … Continue reading X v Netherlands: ECHR 1967

Percy v Church of Scotland Board of National Mission: HL 15 Dec 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

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The Department for Communities v Cox: CANI 3 Aug 2021

PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who were predicted not so to survive, but did in fact do so. … Continue reading The Department for Communities v Cox: CANI 3 Aug 2021

Stec and Others v United Kingdom: ECHR 12 Apr 2006

(Grand Chamber) The claimants said that differences between the sexes in the payment of reduced earning allowances and retirement allowances were sex discrimination. Held: The differences were not infringing sex discrimination. The differences arose from the differences in pensionable ages for men and women introduced in 1940 in order to help remedy severe social inequalities … Continue reading Stec and Others v United Kingdom: ECHR 12 Apr 2006

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Fourie v Le Roux and others: HL 24 Jan 2007

The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007

Poole Borough Council v GN and Another: SC 6 Jun 2019

This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019

Barrett v London Borough of Enfield: HL 17 Jun 1999

The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal. Held: An adult formerly in the care of a local authority as a … Continue reading Barrett v London Borough of Enfield: HL 17 Jun 1999

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976