Judges: Lord Justice Underhill Citations: [2021] EWCA Civ 611 Links: Bailii Statutes: Police Regulations 2003 Jurisdiction: England and Wales Police, Employment Updated: 26 November 2022; Ref: scu.662189
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the … Continue reading P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003
The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017
EAT RELIGION OR BELIEF DISCRIMINATIONWhether belief in spiritualism and the philosophical belief in life after death and psychic powers falls within the 2003 Religion and Belief Regulations. The ET finding that it did. Upheld on appeal. Citations: [2009] UKEAT 0434 – 09 – 1211 Links: Bailii Employment Updated: 06 September 2022; Ref: scu.431884
EAT RELIGION OR BELIEF DISCRIMINATION There is no breach of ECHR Art 6 when a corporate employer accused of discrimination fails to produce the decision maker at trial to face cross-examination. Art 6.3(d) applies to criminal proceedings. It was reasonably arguable from the construction of the dismissal letter that the Claimant’s belief in spirituality, correctly … Continue reading Power v Greater Manchester Police Authority: EAT 29 Apr 2010
EAT PRACTICE AND PROCEDURE Appellate jurisdiction / reasons / Burns-Barke Case Management The Employment Judge sitting alone at a pre-hearing review was correct in excluding evidence obtained by a covert recording of a discussion by the panel at a capability hearing under Regulations 13 of the Police Regulations 2003 when neither the Appellant nor his … Continue reading Williamson v The Chief Constable of The Greater Manchester Police and Another: EAT 9 Mar 2010
The claimant had joined the police force as a probationary constable. He was dismissed because the chief constable considered that restrictions which they would have to place on his deployments because of events before he was taken on, made his deployment untenable. He had been found not guilty of sexual offences against young girls, but … Continue reading Verity, Regina (On the Application of) v Chief Constable Of North Yorkshire Police: Admn 24 Jul 2009
Judges: Silber J Citations: [2009] EWHC 1835 (Admin) Links: Bailii Statutes: Police Regulations 2003 (SI 2003/527) 13 Jurisdiction: England and Wales Cited by: See Also – Kay, Regina (on The Application of) v Chief Constable of Northumbria Police Admn 18-Jan-2010 Having succeeded in her claim as to the lawfulness of the decision of the defendant … Continue reading Kay, Regina (On the Application of) v Chief Constable Of Northumbria Police: Admn 23 Jul 2009
EAT PART TIME WORKERSA police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he was not disabled within the meaning of the Disability Discrimination Act 1995 because that was not a normal day-to-day activity. In so far as … Continue reading Paterson v Commissioner of Police of the Metropolis: EAT 23 Jul 2007
The defendant appealed reversal on appeal of the award of damages aganst them. The pursuer had been working within the hull of a ship, and the plank on which he was standing had snapped, causing him to fall. The plank should have been of sufficient strength to hold his weight. The pursuer’s memory of the … Continue reading Thomson v Kvaerner Govan Limited: HL 31 Jul 2003
EAT Race Discrimination – Jurisdiction. EAT Employment Tribunal held that the dismissal of a probationer pursuant to regulation 13 of the Police Regulations 2003 attracted absolute immunity and therefore precluded the claimant bringing a claim for race and/or religious discrimination arising out of the decision to dismiss dispense with his services. The EAT held that … Continue reading Hasan v Commissioners of Police of the Metropolis: EAT 22 Nov 2006
The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees. Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use … Continue reading Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005
EAT A tribunal did not err in refusing to strike out claims of sex discrimination made by a civilian employee of a police force for a claim applying the principle in Chief Constable of Cumbria v McGlennon [2002] ICR 1156 and under the Equal Treatment Directive in Chief Constable of Kent Police v Baskerville [2003] … Continue reading Commissioner of Police of the Metropolis v Nagy: EAT 22 Sep 2004
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
The claimant appealed against refusal of a Restricted Reporting Order, refused by the ET saying that it had had no jurisdiction to make one. Judges: Burton P J Citations: [2003] UKEAT 960 – 01 – 2901, [2003] ICR 1031, [2003] IRLR 415 Links: Bailii Statutes: Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 Employment … Continue reading X v Commissioner Metropolitan Police Service: EAT 29 Jan 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
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there. Held: The health centre was not a hospital within the regulations. However the request had already been made at a police station, which request had not been superseded. … Continue reading Russell v Devine (On Appeal from the Court of Appeal Northern Ireland): HL 8 May 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
(Northern Ireland) The chief constable appealed against a decision that the directions he had given, that officers with poor attendance records for sickness should not be considered for promotion. Held: The Chief Constable had, following the Act, found a serious management problem. The directions were designed to encourage good attendance, and were within his powers, … Continue reading In re Shields: HL 6 Feb 2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory. Held: The Convention required the state not to prevent access to education, not a duty to subsidise … Continue reading Douglas v North Tyneside Metropolitan Borough Council: CA 19 Dec 2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003
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
The claimants sought to recover for damages caused to their house foundations by trees growing nearby which were the responsibility of the defendants. The defendants replied that the damages was caused in part by roots from virgina creeper and wisteria grown by the claimants themselves and growing on the house. Held: It is neither necessary … Continue reading Loftus-Brigham and Another v London Borough of Ealing: CA 28 Oct 2003
The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations. Held: The Regulations, which sought to control … Continue reading Regina v Searby and Another: CACD 7 Jul 2003
Two police officers had been granted additional retirement annuities on the basis that they had been injured in the execution of their duty. The chief constable denied this. A police officer who was on annual leave was injured whilst exercising the police dog he cared for. The Chief Constable denied that at the time, he … Continue reading Merseyside Police Authority v Police Medical Appeal Board and others: Admn 23 Jan 2009
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
The claimant had been expelled from school unlawfully, and now sought damages for the breach of his right to an education. Held: The claimant had received and had refused appropriate offers of alternate schools. The duty was imposed generally on the state, not on any particular school. If the unavailablity of education was the fault … Continue reading Ali v Head and Governors of Lord Grey School: QBD 27 Jun 2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to comply with. She had sought to be employed on the basis that her … Continue reading A v West Yorkshire Police: HL 6 May 2004
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003
Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured that the matter was closed, resigned and took up the new post with … Continue reading Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis: Admn 25 Sep 2014
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008
The claimants, female police officers, complained that male officers had received priority payments where they had received none. The defendant said that the payments were justified in achieving a proper aim, namely the encouragement of night working. Held: The claimants’ appeal failed. The distinction was as to payments made to reward 24/7 working. This was … Continue reading Blackburn and Another v West Midlands Police: CA 6 Nov 2008
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The appellant had been convicted of failing to give a breath test, and of driving with excess alcohol. He had falsely claimed that he had had a drink in the five minutes before being asked to take the test, and said the officer should not have . .
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
(The ‘Kleovoulos of Rhodes’) A large quantity of cocaine was discovered by divers behind a grille in a sea chest at the vessel’s discharge port, Aliveri – having been placed there by unknown third persons at the load port in Colombia, South America. . .
The claimant had joined the police as a probationary constable. He suffered major injuries in a road traffic accident, and later, after an initial extension, his services were dispensed with. . .
The claimant seeks judicial review of a decision from the then Chief Constable of the Gwent Police dated 20 June 2008 to dispense with his services as a probationer police constable under Regulation 13 of the Police Regulations 2003 Judges: Jarman QC HHJ Citations: [2009] EWHC 2083 (Admin) Links: Bailii Statutes: Police Regulations 2003 134e … Continue reading Ferriday v Chief Constable of Gwent: Admn 15 May 2009
The claimant renewed her application for leave to appeal. She had been a probationary constable, but after various injuries came to suffer disability, preventing her being able to carry out the routine activities of as constable, and her employment had been terminated. The tribunal, having found her to be disabled, found also that the discrimination … Continue reading Hart v Chief Constable of Derbyshire Constabulary: CA 24 Jun 2008
EAT Disability discrimination – Reasonable adjustmentsThe Tribunal found that the Chief Constable was entitled to terminate the services of a probationary constable who could not successfully complete her probationary period because certain disabilities prevented her from carrying out duties in a confrontational setting. It was not a reasonable adjustment to expect the Chief Constable to … Continue reading Hart v Chief Constable of Derbyshire Constabulary: EAT 6 Dec 2007
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was captured and became a prisoner of war of the Japanese. He accepted that he … Continue reading Mohammed, Regina (on the Application of) v Secretary of State for Defence: CA 1 May 2007
The claimant sought leave to appeal dismissal of her claim for discrimination, saying that the EAT had missapplied the test in Madarassy and associated cases on the burden of proof. Held: ‘the applicant did not make out a prima facie case of discrimination on the facts. It was therefore wholly unnecessary for the Tribunal artificially … Continue reading Atabo v Kings College London and others Newman, Methven, Law: CA 19 Apr 2007
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 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
EAT SEX DISCRIMINATIONBurden of proofPregnancy and discriminationUNFAIR DISMISSAL – Automatically unfair reasonsRegulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental Leave Regulations 1999 must be read together in determining whether there is a suitable available vacancy under Regulation 10(2). Judges: Ansell J Citations: [2010] UKEAT 0544 – 09 – 2708, [2011] ICR 75 Links: … Continue reading Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010
ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of the contract of employ- ment and has the effect of supplementing the social benefits paid under national legislation of general application with benefits financed entirely by … Continue reading Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
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
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004
The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country guidance applicable to the case when deciding whether to order the failed asylum applicant’s … Continue reading Secretary of State for the Home Department v JN: CA 14 May 2008
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that … Continue reading Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998
EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants argued (inter alia) that the attempted recovery was void under the Billl of Rights. Held: … Continue reading Total Network Sl v Customs and Excise Commissioners: CA 31 Jan 2007
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit in. He said the tribunal had erred in failing to apply the two stage test set … Continue reading Brown v London Borough of Croydon and Another: CA 26 Jan 2007
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education. Held: … Continue reading Guzzardi v Italy: ECHR 6 Nov 1980
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
An excise duty which is charged on electricity of domestic origin at rates which vary according to its method of production, while being levied on imported electricity at a flat rate which is higher than the lowest rate but lower than the highest rate applicable to electricity of domestic origin, constitutes internal taxation within the … Continue reading Proceedings brought by Outokumpu Oy: ECJ 2 Apr 1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
Europa 1. There is an inseparable link between the obligation to establish the Community’s own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the obligation to pay default interest . The interest is payable regardless of the reason for the delay in making the entry in the Commission’ … Continue reading Commission v Greece: ECJ 21 Sep 1989
The UK law limiting awards of damages in sex discrimination cases is unlawful, and fails to implement European directive fully. Financial compensation must be at a level adequate to achieve equality between the workers identified. Citations: Independent 04-Aug-1993, Times 04-Aug-1993, C-271/91, [1993] ECR 1-4367, [1993] EUECJ C-271/91, [1994] QB 126 Links: Bailii Statutes: Sex Discrimination … Continue reading Marshall v Southampton and South West Hampshire Area Health Authority (No 2): ECJ 2 Aug 1993
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955
The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply. Held: A lawful arrest is not an essential requirement before a breath test, and there was no general principle that there could be no conviction under … Continue reading Fox v Chief Constable of Gwent: HL 1986
The police adduced in evidence against the defendant the analysis of a specimen of breath which was not the specimen required under the Act. Held: The evidence of the analysis of the specimen relied on by the police was inadmissible in evidence. The Act lays down a procedure for requiring a suspected motorist to provide … Continue reading Howard v Hallett: QBD 1984
A specimen of blood was required at one police station but provided at another. Held: The request was validly made. Citations: [1981] 1 WLR 1061 Statutes: Road Traffic Act 1972 9 Jurisdiction: England and Wales Citing: Disapproved – Butler v Easton QBD 1970 The initial formalities of a request for a specimen of blood from … Continue reading Pascoe v Nicholson: HL 1981
The court was asked whether a blood specimen having been requested at one police station, it could be taken at another. Held: The requirement to provide a specimen for a laboratory test is something different from the actual providing of the specimen. Subsection (1) of section 3 deals with the former only, and not with … Continue reading Milne v M’Donald: HCJ 1971
The court was asked as to the effect of foreign regulations on the ownership of a right of action under an insurance policy, and for that purpose examined whether the plaintiff’s claim against the insurance company was a ‘mere right to claim damages’. Held: Pearson J considered the meaning of ‘damages’: ‘The usual meaning of … Continue reading F and K Jabbour v Custodian of Israeli Absentee Property: 1953
The initial formalities of a request for a specimen of blood from a driver took place at one police station, but no doctor was available there and the suspect was taken to another police station where a specimen was given. He challenged his conviction on the ground that evidence of the specimen analysis was inadmissible … Continue reading Butler v Easton: QBD 1970
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
The plaintiff was a crane driver whose load of timber, drums of paint, and bags of bolts etc, and without any fault on his part, fell into the hold of a ship as they were being lowered along with scaffolding. No one was actually injured but the plaintiff knew that fellow workers were then in … Continue reading Dooley v Cammell Laird and Co Ltd: 1951
The applicant’s husband died in hospital, but she later complained that the ambulance had not been equipped with the necessary resuscitation devices. Under Polish law she had a right to appeal against decisions of the prosecuting authorities not to bring criminal proceedings, and to bring a civil action or initiate disciplinary proceedings against the medical … Continue reading Sieminska v Poland: ECHR 29 Mar 2001
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
Applications were made to strike down regulations governing the use of the herbal product kava-kava. Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing with the issue by use of a warning label fatal to the regulations. The Minister’s own personal … Continue reading National Association of Health Stores and Another, Regina (on the Application of) v Department of Health: CA 22 Feb 2005
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 prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A ‘second actor’ may be blameless if … Continue reading Percy and Another v Hall and Others: QBD 31 May 1996
Swap deals outwith Council powers The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were void, there being no express power in the relevant legislation. Held: The arrangements … Continue reading Hazell v Hammersmith and Fulham London Borough Council: HL 1991
