Whether assured tenant or assured shorthold tenant. The tenant appealed against an order for possession. The tenant’s mother had been a statutory tenant under the 1997 Act. The tenant said that she had succeeded to that tenancy as an assured tenant, having been living with her mother at the date of her death and for … Continue reading Clore v Macnicol: CA 13 Jul 2004
The claimant appealed against refusal of an award of the care component of Disability Living Allowance. Held: It was not clear that the tribunal had properly applied the test laid down in Cockburn and the matter was remitted to be reheard before a different tribunal. Judges: Lord Justice Potter, Lord Justice Mance, Mr Justice Sullivan … Continue reading Gregory Ramsden v The Secretary of State for Work and Pensions: CA 31 Jan 2003
A Czechoslovakian doctor complained against the General Medical Council under Section 12(1)(a) of the 1976 Act 1976 in respect of the most recent of a series of refusals, under its rules for the grant of limited registration as a medical practitioner in this country for doctors with overseas qualifications, to exempt her from its requirement … Continue reading Rovenska v General Medical Council: CA 4 Dec 1996
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
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995