Citations: [2000] ScotCS 301 Links: Bailii Jurisdiction: Scotland Police Updated: 04 June 2022; Ref: scu.164041
The Claimants are challenging the decision of the Home Secretary to introduce new tables of lump sum commutation factors, for the purposes of Regulation B7(7) of the Police Pensions Regulations 1987 Judges: Cox DBE J Citations: [2009] EWHC 488 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 20 December 2022; Ref: scu.346915
Judges: Lane J Citations: [2018] EWHC 952 (Admin), [2018] WLR(D) 253, [2018] ICR 1459 Links: Bailii Statutes: Police Pensions Regulations 1987, Police (Injury Benefit) Regulations 2006 Jurisdiction: England and Wales Police Updated: 05 December 2022; Ref: scu.614959
It is possible that in some circumstances the same enactment may be construed differently according to whether it applies in circumstances covered by a directive. Arden LJ approved the following passage from Bennion: ‘It is legitimate for the national court, in relation to a particular enactment of the national law, to give it a meaning … Continue reading Gingi v The Secretary of State for Work and Pensions: CA 14 Nov 2001
Officers who had retired from the forces on a permanent disablement sought to appeal the assessment of the medical referee. Held: The practitioner was to assess te degree of disability as at the appeal, not as at the date the officer gave notice to retire. There were clear indications in the regulations that the appeal … Continue reading Regina (McGinley) v Schilling; Regina (Metropolitan Police) v Beck: CA 29 Apr 2005
This case is about the human rights compatibility of a mechanism under which a police pension is ‘switched off’. The provision at the heart of the case is Regulation C9 of the Police Pensions Regulations 1987 Judges: Mr Justice Fordham Citations: [2022] EWHC 1286 (Admin) Links: Bailii Jurisdiction: England and Wales Police Updated: 14 June … Continue reading Green and Others v Metropolitan Police Commissioner: Admn 27 May 2022
Judges: Mr Justice Collins Citations: [2004] EWHC 1920 (Admin) Links: Bailii Statutes: Police Pensions Regulations 1987 Jurisdiction: England and Wales Cited by: Cited – Merseyside Police Authority v Police Medical Appeal Board and others Admn 23-Jan-2009 Two police officers had been granted additional retirement annuities on the basis that they had been injured in the … Continue reading Regina on the Application of Sussex Police Authority v Dr Cooling, French: QBD 22 Jul 2004
Whether a police officer’s diagnosed adjustment disorder or mixed anxiety/depression was ‘an injury received in the execution of his duty as a police constable’ within the meaning of the regulations. Judges: Mr Justice Stanley Burnton Citations: [2004] EWHC 2807 (Admin) Links: Bailii Statutes: Police Pensions Regulations 1987 H2 Jurisdiction: England and Wales Police, Personal Injury … Continue reading Merseyside Police Authority, Regina (on the Application Of) v Gidlow and Another: Admn 8 Dec 2004
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
The claimant appealed refusal of his application for a police pension following an injury suffered, he claimed had occurred on police duty. He claimed to have suffered depression since he failed to be promoted. He said that they had wrongfully refused to refer his application for medical assessment. Held: The statute was not to be … Continue reading Clinch v Dorset Police Authority: Admn 11 Feb 2003
A police constable had been injured. She regained some health but sought to retire on health grounds. It was held that her continuing disability would limit her to desk-bound duties. These were insufficient to constitute the full range of operational duties expected of a member of the force. It was wrong to require her to … Continue reading Regina v Sussex Police Authority ex parte Stewart: CA 4 Apr 2000
Judges: Carnwath J Citations: [1998] EWHC Admin 1012 Links: Bailii Statutes: Police Pensions Regulations 1987 Police Updated: 27 May 2022; Ref: scu.139133
The appellant challenged refusal of payment to her of her late husband’s police pension after she had been convicted of his manslaughter. Held: The statutory rules were intended to operate alongside the common law rules for forfeiture, and not in substitution for them, and did not work to displace the common law as now expressed … Continue reading Glover v Staffordshire Police Authority: QBD 5 Oct 2006
The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or an adopter, and that she should be similarly entitled. … Continue reading Francis v Secretary of State for Work and Pensions: CA 10 Nov 2005
Appeal against finding that the claimant police officer was not permanently disabled. Mostyn J [2015] EWHC 122 (Admin) Bailii Police Pensions Regulations 1987 England and Wales Police Updated: 22 January 2022; Ref: scu.541981
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained that the refusal violated her right not to be discriminated against. Held: The prisoner’s appeal failed. … Continue reading Stewart v Secretary of State for Work and Pensions: CA 29 Jul 2011
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
An officer victimised on duty by fellow officers and suffering stress had been injured in the execution of his duty for the legislation, and so was entitled to claim benefits under the Pensions Regulations. The officer suffered harassment after his . .
FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009
Judges: Lord Justice Coulson Citations: [2019] EWHC 1484 (Admin), [2019] WLR(D) 335 Links: Bailii Statutes: Police Pensions Regulations 1987 Jurisdiction: England and Wales Police Updated: 13 July 2022; Ref: scu.639224
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court discussed the meaning of ‘other status’ under article 14, saying: ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other.’ Citations: 5926/72, [1976] ECHR 6, 5095/71, 5920/72, … Continue reading Kjeldsen, Busk Madsen and Pedersen v Denmark: ECHR 7 Dec 1976
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in conjunction with Article 14. The Government submitted that Article 8 was not applicable as it … Continue reading Sidabras and Dziautas v Lithuania: ECHR 27 Jul 2004
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
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
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
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
Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
EAT AGE DISCRIMINATIONUNFAIR DISMISSAL – Polkey deductionCouncil employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and would be entitled to an early retirement pension if retained in employment to age 50 – Council fails to find him alternative employment or to … Continue reading London Borough of Tower Hamlets v Wooster: EAT 10 Sep 2009
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights. Held: The test for allowing proceedings was set at a low level, and even if section 139 does have any effect on the Applicant’s rights under Article 6 read together with … Continue reading TW v London Borough of Enfield and Another: QBD 8 May 2013
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
(Grand Chamber) The claimant said that his rights had been infringed by the mandatory imposition of a life sentence after conviction for murder. Only the President could order the release of such a prisoner, either by exercising the power of mercy under article 53(4) of the Constitution or by ordering release on licence He had … Continue reading Kafkaris v Cyprus: ECHR 12 Feb 2008
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
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