Search Results for: Care Act 2014

Click the case name for better results:

In re J (A Child: Brussels II revised: Article 15: Practice and Procedure): FC 29 Oct 2014

Application to transfer children proceedings to anoher member state (Hungary) Held: The order should be made. A Hungarian court might better be able to facilitate contact with siblings living there. Pauffley J [2014] EWFC 41 Bailii England and Wales Cited by: Cited – In Re N (Children) SC 13-Apr-2016 The Court considered whether the future … Continue reading In re J (A Child: Brussels II revised: Article 15: Practice and Procedure): FC 29 Oct 2014

Greenway and Others v Johnson Matthey Plc: QBD 26 Nov 2014

The five claimants had been employed by the defendant. Whilst at work, and in breach of Health an Safety regulations, they had been exposed to complex halogenated platinum salts, and now claimed a sensitisation to such salts. The defendant argued that the sensitisation was not an injury capable of founding a claim. Held: The claims … Continue reading Greenway and Others v Johnson Matthey Plc: QBD 26 Nov 2014

Dass v The College of Haringey Enfield and North East London: EAT 27 Nov 2014

EAT Equal Pay Act : Article 141/European Law JURISDICTIONAL POINTS – Claim in time and effective date of termination The Employment Judge erred in directing himself in deciding whether there was a ‘stable employment relationship’ during a relevant period. He erroneously took into account features of continuity of employment within the meaning of the Employment … Continue reading Dass v The College of Haringey Enfield and North East London: EAT 27 Nov 2014

Wess v Science Museum Group: EAT 6 Oct 2014

EAT Contract of Employment : Implied Term/Variation/Construction of Term – CONTRACT OF EMPLOYMENT – Wrongful dismissal UNFAIR DISMISSAL – Reasonableness of dismissal REDUNDANCY – Fairness Wrongful Dismissal Mere delay might be neutral in determining whether an employee can be said to have acquiesced in the case of an employer’s breach of contract or in deciding … Continue reading Wess v Science Museum Group: EAT 6 Oct 2014

Look Ahead Housing and Care Ltd v Chetty and Another: EAT 15 Oct 2014

EAT Race Discrimination : Injury To Feelings RACE DISCRIMINATION – Other losses UNFAIR DISMISSAL – Compensation UNFAIR DISMISSAL – Mitigation of loss UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction PRACTICE AND PROCEDURE – Costs Appeal in respect of remedy (in a case in which the Employment Tribunal had found both Claimants were … Continue reading Look Ahead Housing and Care Ltd v Chetty and Another: EAT 15 Oct 2014

Worcestershire CC v JJ (Tribunal Procedure and Practice (Including UT) : Set Aside Applications): UTAA 10 Sep 2014

The decisions of the First-tier Tribunal (Health, Education and Social Care Chamber) following the hearing involve an error on a point of law. The Upper Tribunal is not in a position to re-make the First-tier Tribunal’s decision on the Respondent parent’s appeal against the local authority’s refusal to make an assessment of special educational needs … Continue reading Worcestershire CC v JJ (Tribunal Procedure and Practice (Including UT) : Set Aside Applications): UTAA 10 Sep 2014

Martin v Revenue and Customs: FTTTx 10 Nov 2014

FTTTx INCOME TAX – penalty under TMA s 95 – whether ebay and PayPal documents provided to accountant – whether difference between negligence and carelessness – whether negligent – record-keeping requirements in TMA s 12B considered – whether finding of negligence precludes a ‘reasonable excuse’ defence – whether penalty should be capped at 30% in … Continue reading Martin v Revenue and Customs: FTTTx 10 Nov 2014

Konovalova v Russia: ECHR 9 Oct 2014

ECHR Article 8-1 Respect for private life Presence without mother’s consent of medical students during child birth: violation Facts – The applicant was admitted to a public hospital in anticipation of the birth of her child. At the time of her admission, she was handed a booklet advising patients about their possible involvement in the … Continue reading Konovalova v Russia: ECHR 9 Oct 2014

DH v Parliament: ECJ 6 Nov 2014

ECJ Judgment – Public Service – Official Intern – Article 34 of the Statute – Internship Report establishing the manifest inability of the trainee – Extension of the probationary period – Reassignment – Dismissal at the end of the probationary period – Conditions of the practicum – Insufficient professional – Duty of care – Principle … Continue reading DH v Parliament: ECJ 6 Nov 2014

Romanowska v Aspirations Care Ltd: EAT 25 Jun 2014

EAT Practice and Procedure : Striking-Out/Dismissal – VICTIMISATION DISCRIMINATION – Protected disclosure The Claimant, a worker on the permanent staff of a care home, asserted in her ET1 that her dismissal was because she had made protected disclosures, and not the purported reason (which was gross misconduct, for dragging a resident across the floor). An … Continue reading Romanowska v Aspirations Care Ltd: EAT 25 Jun 2014

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

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

Caresse Navigation Ltd v Zurich Assurances Maroc and Others: CA 21 Oct 2014

Appeal against an interim anti-suit injunction Lord Dyson MR, Beatson LJ, Sir Robin Jacob [2014] EWCA Civ 1366, [2015] 2 WLR 43, [2014] 2 CLC 851, [2014] WLR(D) 444, [2015] 1 QB 366, [2015] 1 Lloyd’s Rep 256 Bailii, WLRD England and Wales Citing: Appeal from – Caresse Navigation Ltd v Office National De L’Electricite … Continue reading Caresse Navigation Ltd v Zurich Assurances Maroc and Others: CA 21 Oct 2014

Ataykaya v Turkey: ECHR 22 Jul 2014

ECHR Article 2-2 Use of force Fatal injuries caused by tear gas canister fired by member of security forces wearing a balaclava: violation Article 2-1 Effective investigation Use of balaclava preventing identification of member of security forces responsible for fatal injuries: violation Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent … Continue reading Ataykaya v Turkey: ECHR 22 Jul 2014

Oni v NHS Leicester City (Formerly Leicester City Primary Care): EAT 14 Aug 2014

EAT Practice and Procedure : Costs – ET Costs Award – ET (Constitution and Rules of Procedure) Regulations 2004 Schedule 1 Appeal from Judgment awarding costs against the Claimant upon the remitted hearing of the Respondent’s application for costs (see previous EAT Judgment in this matter, under UKEAT/0144/12). When deciding whether the threshold had been … Continue reading Oni v NHS Leicester City (Formerly Leicester City Primary Care): EAT 14 Aug 2014

Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers … Continue reading Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

Monfared v Spire Health Care Ltd: EAT 11 Jun 2014

EAT Practice and Procedure : Appellate jurisdiction/reasons/Burns-Barke Case management The Claimant’s applications under Rule 3 raising interim appeals against tribunal orders were dismissed as the employment tribunal had subsequently struck out the entire claim. Edem applied. In any event on the merits there were no reasonable prospects and the then ongoing proceedings would be jeopardised. … Continue reading Monfared v Spire Health Care Ltd: EAT 11 Jun 2014

Fuller v United Healthcare Services Inc and Another: EAT 4 Sep 2014

EAT Unfair Dismissal – SEXUAL ORIENTATION – DISCRIMINATION / TRANSEXUALISM – VICTIMISATION DISCRIMINATION – Whistleblowing The claimant made claims of unfair dismissal under Employment Rights Act (ERA) section 94(1), sexual orientation discrimination under the provisions of the Equality Act 2010 and automatic unfair dismissal in respect of protected disclosures under section 103A of ERA. The … Continue reading Fuller v United Healthcare Services Inc and Another: EAT 4 Sep 2014

Chaloner v Somerset County Council: EAT 23 Jun 2014

EAT Unfair Dismissal : Compensation – Claimant’s appeal The question of grossing up was a live issue before the Tribunal and the Respondent accepted that, in order to achieve an award that was just and equitable, grossing was required to the extent the award exceeded andpound;30,000. The Employment Tribunal accepted this point in its Review … Continue reading Chaloner v Somerset County Council: EAT 23 Jun 2014

Somerset County Council v Chaloner: EAT 23 Jun 2014

EAT Unfair Dismissal : Compensation – Claimant’s appeal The question of grossing up was a live issue before the Tribunal and the Respondent accepted that, in order to achieve an award that was just and equitable, grossing was required to the extent the award exceeded andpound;30,000. The Employment Tribunal accepted this point in its Review … Continue reading Somerset County Council v Chaloner: EAT 23 Jun 2014

In re G (A Child): CA 15 Aug 2014

The court considered arrangements for contact between G, a girl aged 8, and in care awaiting placement for adoption, and other members of her family pending that placement. Aikens, McFalane LJJ [2014] EWCA Civ 1173 Bailii England and Wales Children Updated: 20 December 2021; Ref: scu.536351

In re K (Children): CA 2 Sep 2014

The court considered the circumstances arising after the forced removal of two boys from their mother’s care in the context of a contact and residence dispute between the parents, Ryder, Vos LJJ, David Richards J [2014] EWCA Civ 1195 Bailii Family Law Act 1986 England and Wales Children Updated: 20 December 2021; Ref: scu.536354

Adama v Partnerships In Care Ltd: EAT 12 Jun 2014

EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Tribunal failed to consider for itself the fairness of the dismissal under Employment Rights Act 1996 section 98(4). Miss Perry v Imperial College Healthcare NHS Trust UKEAT/0473/130 and Ms Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 applied. Case remitted to a differently constituted Employment Tribunal … Continue reading Adama v Partnerships In Care Ltd: EAT 12 Jun 2014

Nantyffyllon Rugby Club v Revenue and Customs: FTTTx 20 Aug 2014

FTTTx Section 98A (2) and (3) Taxes Management Act 1970 – penalties for late employer’s end of year P35 return – Appellant believed reasonable care taken – no failure message received- whether reasonable excuse – no – appeal dismissed [2014] UKFTT 827 (TC) Bailii Taxes Management Act 1970 98A(2) 98A(3) England and Wales Taxes Management … Continue reading Nantyffyllon Rugby Club v Revenue and Customs: FTTTx 20 Aug 2014

The Knoll Care Home Ltd v Revenue and Customs: FTTTx 4 Aug 2014

FTTTx INCOME TAX – Penalties – late payment of PAYE and NICs – Schedule 56 Finance Act 2009 – whether reasonable excuse due to insufficiency of funds – no – whether reasonable excuse due to failure to warn – no – whether penalty unfair – no – whether penalty disproportionate – no. [2014] UKFTT 756 … Continue reading The Knoll Care Home Ltd v Revenue and Customs: FTTTx 4 Aug 2014

LBX v TT and Others: CoP 29 Jul 2014

The local aurthority wanted to seek orders as to the care of a 19 year old young woman with moderate learning difficulties after she had made allegations of sexual assault against her step father. The court considered applications as to her capacity to conduct the case. Cobb J [2014] EWCOP 24 Bailii Health, Litigation Practice … Continue reading LBX v TT and Others: CoP 29 Jul 2014

Florea v The Judicial Authority Carei Courthouse, Satu Mare County, Romania: Admn 30 Jul 2014

The claimant challenged his proposed extradition to Romania saying that prison overcrowding there would breach his human rights. Rafferty LJ, Blake J [2014] EWHC 2528 (Admin), [2014] WLR(D) 356, Bailii, WLRD Extradition Act 2003 21, European Convention on Human Rights 3 Extradition, Human Rights Updated: 18 December 2021; Ref: scu.535531

Whapples, Regina (on The Application of) v Birmingham Crosscity Clinical Commissioning Group and Another: Admn 30 Jul 2014

The claimant, suffereing a severe medical condition, sought an order requiring the defendant to include as part of her healthcare package, the provision of a suitably adapted accomodation. Held: The claim failed. It would require special circumstances to support a finding that a clinical commissioning group had acted unlawfully or irrationally in deciding that the … Continue reading Whapples, Regina (on The Application of) v Birmingham Crosscity Clinical Commissioning Group and Another: Admn 30 Jul 2014

Hunt and Others v Optima (Cambridge) Ltd and Others: CA 31 Jul 2014

The claimants had bought apartments in a new-build block, developed by the first defendants with other defendants acting as architectural supervisors of the works. They alleged that the building were poorly constructed. The defendant architects said that the sales had been completed long before their certificates were issued and that therefore they were not liable. … Continue reading Hunt and Others v Optima (Cambridge) Ltd and Others: CA 31 Jul 2014

GW v A Local Authority and Another: CoP 31 Jul 2014

A 48 year old woman, suffering Huntington’s Disease appealed against a decision in the Court of Protection, raising two issues: (1) whether the learned judge erred in law in concluding that GW lacks capacity to leave and return to her residence unescorted and to make decisions concerning her care and residence and (2) whether the … Continue reading GW v A Local Authority and Another: CoP 31 Jul 2014

Sylka v Poland (Dec): ECHR 3 Jun 2014

ECHR Article 35-3-b No significant disadvantage Applicability of no significant disadvantage admissibility criterion in freedom of expression case: inadmissible Facts – The applicant was stopped in his car by police officers for not wearing a seat belt. A dispute ensued in which the applicant allegedly told the officers that he would not ‘descend to their … Continue reading Sylka v Poland (Dec): ECHR 3 Jun 2014

Holton v Bupa Care Homes (CFH Care) Ltd: EAT 14 May 2014

EAT Victimisation Discrimination : Protected Disclosure – PRACTICE AND PROCEDURE – Employment Tribunal case management: identification of the issues The Tribunal’s record of the issues to be determined fairly and adequately set out the issues raised by the parties’ case before it. The Claimant had not identified the failure to deal with her grievance as … Continue reading Holton v Bupa Care Homes (CFH Care) Ltd: EAT 14 May 2014

D’Silva v Manchester Metropolitan University: EAT 15 Apr 2014

EAT Practice and Procedure : Costs – Employment Tribunal’s refusal to recuse itself from hearing costs application having reached view as to the Claimant’s credibility at earlier liability hearing. Whether award of andpound;10,000 costs excessive. Dismissing the Appeal: The Employment Tribunal had been entitled to express its views as to the Claimant’s credibility in its … Continue reading D’Silva v Manchester Metropolitan University: EAT 15 Apr 2014

Northern Ireland Renewables Ltd v Carey: ChNI 13 May 2014

ChNI The principal relief sought with relevance to this judgment was an order for specific performance of a contract made, on the plaintiff’s contention, on 1 December 2010 by notice pursuant to an option agreement of 5 December 2003 requiring the defendant to grant a lease of premises to the plaintiffs in the terms set … Continue reading Northern Ireland Renewables Ltd v Carey: ChNI 13 May 2014

Dhahbi v Italy: ECHR 8 Apr 2014

ECHR Article 6 Civil proceedings Article 6-1 Access to court Refusal to grant welfare benefits to foreign nationals: violation Article 14 Discrimination Facts – At the material time the applicant was a Tunisian national who had entered Italy on a lawful residence and work permit. In 2001 he applied for a family allowance, explaining that … Continue reading Dhahbi v Italy: ECHR 8 Apr 2014

Shah, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 Jul 2014

The claimant challenged the 3 year delay on the part of the defendant in deciding the claimant’s application for reconsideration of the defendant’s refusal of leave to remain under Article 8 ECHR having regard in particular to the impact on the claimant’s ability to secure sole care of his son, a British citizen. Clare Moulder … Continue reading Shah, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 Jul 2014

Regulation and Quality Improvement Authority (Decision Notice): ICO 1 May 2014

ICO The complainant has requested a copy of the ‘Contemporaneous Notes’ taken during the Finance Inspection of a named residential care home in 2012 and 2013. The Regulation and Quality Improvement Authority (RQIA) refused to provide the requested information under section 36(2)(b)(i) and (ii) and section 36(2)(c) of the Freedom of Information Act 2000 (FOIA). … Continue reading Regulation and Quality Improvement Authority (Decision Notice): ICO 1 May 2014

Sandwell Metropolitan Council (Decision Notice): ICO 27 Mar 2014

ICO The complainant requested information relating to the running and costs of the Vehicles and Ground Care workshops at Sandwell Metropolitan Borough Council (Sandwell MBC). The Commissioner’s decision is that Sandwell MBC is entitled to rely on the exemption at section 12. However, Sandwell MBC failed to discharge its duty under section 16 of the … Continue reading Sandwell Metropolitan Council (Decision Notice): ICO 27 Mar 2014

Department for Education (Decision Notice): ICO 13 Jan 2014

The complainant requested information about care requirements for children. The Department for Education (DfE) did not initially consider the request under the FOIA. It provided some general information and directed the complainant to publications and websites where more information it considered relevant was publicly available. During the Commissioner’s investigation the DfE acknowledged the request as … Continue reading Department for Education (Decision Notice): ICO 13 Jan 2014

Berrier v Revenue and Customs: FTTTx 13 May 2014

FTTTx INCOME TAX – forgivable loan – when was loan waived – timing of tax charge – carelessness – penalties – special circumstances – section 62 ITEPA 2003 and Schedule 24 Finance Act 2007 COSTS – wasted costs – party acting unreasonably – power of Tribunal to award costs – section 29, Tribunals, Courts and … Continue reading Berrier v Revenue and Customs: FTTTx 13 May 2014

Nabili v Norfolk Community Health and Care NHS Trust: EAT 18 Feb 2014

EAT Practice and Procedure : Striking-Out or Dismissal – The Employment Judge erred, on a strike out application in respect of a claim of unfair dismissal, in asking the ‘prohibited’ question identified in Polkey. He asked whether an, apparent, procedural flaw would, if corrected, have made any difference to the outcome rather than whether it … Continue reading Nabili v Norfolk Community Health and Care NHS Trust: EAT 18 Feb 2014

Hainsworth v Ministry of Defence: CA 13 May 2014

The appellant was employed by the respondents working in Germany. Her daughter suffered chronic illness and she wished to care for her in England. She said that the refusal to allow her to return to work in the UK was discriminatory as associative discrimination. Held: The suggestion that a carer for a disable person was … Continue reading Hainsworth v Ministry of Defence: CA 13 May 2014

Burrell v Micheldever Tyre Services Ltd: CA 23 May 2014

Maurice Kaye LJ considered the observations of Elias LJ in the case of Tilson v Alstom Transport and the impact of Jafri, saying: ‘However, even within the confines of the conventional approach, the Employment Appeal Tribunal can contain its application in a number of ways. First, provided that it is intellectually honest, it can be … Continue reading Burrell v Micheldever Tyre Services Ltd: CA 23 May 2014

Delaney v Secretary of State for Transport: QBD 3 Jun 2014

The claimant suffered severe personal injury as a passenger. The driver’s insurers removed payment, the passenger having failed to disclose his depression, his diabetes, and his cannabis use. Both claimant and driver had been found in possession of cannabis at the crash. The claim through the Motor Insurers Bureau had been rejected by the court … Continue reading Delaney v Secretary of State for Transport: QBD 3 Jun 2014

Look Ahead Housing and Care Ltd v Chetty and Another: EAT 23 May 2014

EAT Unfair Dismissal – Race Discrimination – In the case of the First Claimant, the Employment Tribunal had made (unchallenged) findings that the Respondent had not established a fair reason for the dismissal and had no reasonable grounds for the reason it had relied on. The Respondent’s arguments on appeal failed to engage with these … Continue reading Look Ahead Housing and Care Ltd v Chetty and Another: EAT 23 May 2014

LH v Latvia: ECHR 29 Apr 2014

Article 8-1 Respect for private life Lack of precision of domestic law allowing public authority collection of applicant’s medical data: violation Facts – During her delivery in a public hospital in 1997, the surgeon performed tubal litigation on the applicant without her consent. After failing to reach an out-of-court settlement, the applicant filed a civil … Continue reading LH v Latvia: ECHR 29 Apr 2014

General Healthcare Group Ltd v Revenue and Customs: FTTTx 16 Apr 2014

FTTTx PROCEDURE – rule 18 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 – binding effect of lead case in respect of common or related issues – lead case appeal dismissed but no appeal to Upper Tribunal – related case appellant arguing (a) lead case decision wrong in law, and (b) related case … Continue reading General Healthcare Group Ltd v Revenue and Customs: FTTTx 16 Apr 2014

Nottinghamshire Healthcare NHS Trust v RC: CoP 1 May 2014

RC had been born to Jehovah’s Witness parents but taen into care and brought up outsid ethe faith. He was very troubled and practised self-harming, being eventually admitted into psychiatric care. He embraced the faith, and, after badly slashing his wrists, refused a blood transfusion. The Trust asked for declarations as to his cpaacity to … Continue reading Nottinghamshire Healthcare NHS Trust v RC: CoP 1 May 2014

Robert Sage Ltd (T/A Prestige Nursing Care Ltd) v O’ Connell and Others: EAT 13 Mar 2014

EAT Transfer of Undertakings : Transfer – The Employment Judge did not err in holding that a hope and wish that following a service provision change activities would be carried out by a transferee in connection with a task of short term duration was not an intention that they would be so carried out. Accordingly … Continue reading Robert Sage Ltd (T/A Prestige Nursing Care Ltd) v O’ Connell and Others: EAT 13 Mar 2014

Eastland Homes Partnership Ltd v Cunningham: EAT 7 Jan 2014

EAT UNFAIR DISMISSAL – Reasonableness of dismissal The Appellant had been dismissed allegedly for gross misconduct. The Employment Judge held the dismissal to have been unfair because no reasonable employer could have dismissed by reason of that misconduct in the case of an employee like the Claimant with long service, an exemplary record and the … Continue reading Eastland Homes Partnership Ltd v Cunningham: EAT 7 Jan 2014

AM (By His Father CM) v The Secretary of State for Work and Pensions: CA 5 Feb 2014

The child suffered serious conditions requiring care from his parents. He received Disability Living Allowance, but this was withdrawn when he had a lengthy stay in hospital. He had since died. The parents had given considerable assistance in the care of AM whilst in hospital, and they said that in practice, the cost of providing … Continue reading AM (By His Father CM) v The Secretary of State for Work and Pensions: CA 5 Feb 2014

The Solicitors Regulation Authority v Mitchell: EAT 17 Feb 2014

EAT Sex Discrimination : Direct – The Claimant and a male comparator were permitted to work from home on certain days each week to facilitate child care arrangements. The Claimant’s right to do so was revoked, although she was offered the facility of more flexible working hours. The explanation for the Claimant’s apparently less favourable … Continue reading The Solicitors Regulation Authority v Mitchell: EAT 17 Feb 2014

Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Briggs LJ [2014] EWCA Civ 183, [2014] PNLR 420 Bailii Trustee Act 1925 61 England and Wales Citing: Appeal from – Santander UK Plc v RA Legal Solicitors (A Firm) QBD 23-May-2013 The claimant bank said that it had been the subject of a mortgage fraud, and that the defendant solicitors had acted for the … Continue reading Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014

Section 66(1) of the 1990 Act requires a decision-maker to give ‘the desirability of preserving the building or its setting’ not merely careful consideration but considerable importance and weight when balancing the advantages of the proposed development against any harm from wind fram developnent.. Sullivan LJ [2014] 1 PandCR 22, [2014] EWCA Civ 137 Bailii … Continue reading Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others: CA 18 Feb 2014

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

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

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

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

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

Caresse Navigation Ltd v Office National De L’Electricite and Others: ComC 14 Oct 2013

The Court was asked as to the effect of the incorporation into a bill of lading of the ‘Law and Arbitration clause’ of an identified charterparty when the dispute resolution clause in that charterparty provides, not for English law and arbitration, but for English law and court jurisdiction. Two main questions arise: (i) should the … Continue reading Caresse Navigation Ltd v Office National De L’Electricite and Others: ComC 14 Oct 2013

Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013

The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder. Held: The position in law that voluntary euthanasia was murder, and as to whether the doctrine of necessity provided a defence was … Continue reading Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust: CA 31 Jul 2013

Medicines and Healthcare Products Regulatory Agency (Health (Other)): ICO 11 Aug 2015

ICO The complainant has requested copies of all correspondence dating from 24 August 2014 involving the chief executive of the Medicines and Healthcare Products Regulatory Agency (MHRA). The request was refused under sections 35, government policy, and 43, commercial information. During the course of the Commissioner’s investigation the MHRA also sought to rely on sections … Continue reading Medicines and Healthcare Products Regulatory Agency (Health (Other)): ICO 11 Aug 2015

Gene Onyx Limited (Patent): IPO 8 Oct 2014

PCT application WO2013/093407 entitled ‘Product selection using genetic analysis’ entered the UK national phase as application GB1313219.6. It relates to a method of using genetic analysis to assess the suitability of active ingredients in skincare, cosmetic, cosmeceutical or nutricosmetic products for use by an individual. The method associates the cosmetically active agent with the individual … Continue reading Gene Onyx Limited (Patent): IPO 8 Oct 2014

Henderson v Foxworth Investments Limited and Another: SC 2 Jul 2014

It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator. Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for adequate consideration’. One element was that the same debt said to have been … Continue reading Henderson v Foxworth Investments Limited and Another: SC 2 Jul 2014

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

Barclays Bank Plc v Mitchell: EAT 11 Feb 2014

EAT Victimisation Discrimination : Whistleblowing – PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke – Employment Tribunal failed to explain sufficiently their reasoning on the causation issue in s.47B Employment Rights Act 1996 ‘whistle-blowing’ complaint. Case remitted to same ET for reconsideration. Peter Clark J [2013] UKEAT 0279 – 13 – 1102 Bailii Employment Rights Act 1996 … Continue reading Barclays Bank Plc v Mitchell: EAT 11 Feb 2014

Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal of damages for malicious prosecution, wrongful arrest and false imprisonment. Held: The appeal failed. The … Continue reading Williamson v The Attorney General of Trinidad and Tobago: PC 3 Sep 2014

E.Surv Ltd v Goldsmith Williams Solicitors: ChD 10 Apr 2014

The claimants had been found liable for mis-valuation of a property. They now sought a contribution from the solicitors acting uunder the mortgage saying that had they acted properly, they would have alerted the lender, and in turn the claimant of circumstances requiring extra care before a loan was made. Held: It was not possible … Continue reading E.Surv Ltd v Goldsmith Williams Solicitors: ChD 10 Apr 2014

Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003

Greater Glasgow Health Board v Doogan and Another: SC 17 Dec 2014

Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner House had declared that ‘the petitioners’ entitlement to conscientious objection to participation in treatment for termination … Continue reading Greater Glasgow Health Board v Doogan and Another: SC 17 Dec 2014

Sugarman and Others v CJS Investments Llp and Others: CA 19 Sep 2014

The parties were apartment owners in a development, each owning shares in the management company. They disputed the interpreation of the Articles as to whether the owner of more than one apartment was still restricted to one vote at member meetings, or had a number of votes equal to the number of apartments. The articles … Continue reading Sugarman and Others v CJS Investments Llp and Others: CA 19 Sep 2014

The Commissioner of Police of The Metropolis v Keohane: EAT 4 Mar 2014

EAT PREGNANCY AND DISCRIMINATION An Employment Tribunal found that a Police dog handler, one of whose two narcotics Police dogs was removed from her when she told the force she was pregnant, had suffered a detriment by being exposed to a risk that on her return to work she would suffer financial loss and career … Continue reading The Commissioner of Police of The Metropolis v Keohane: EAT 4 Mar 2014

Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

The court was asked whether capital derived from a personal injury settlement which is managed by a deputy appointed by the Court of Protection must be disregarded by a local authority when deciding whether the injured person can be required to contribute to the cost of care services which he or she receives. Held: It … Continue reading Zyn, Regina (on The Application of) v Walsall Metropolitan Borough Council: Admn 12 Jun 2014

Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014

Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was an abuse for a private prosecutor to take such action, even where as here that prosecutor had disclaimed … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014

Ground Rents (Regisport) Ltd v Dowlen and Others: UTLC 22 Apr 2014

groundrents_UTLC_0414 UTLC LANDLORD AND TENANT – service charges – lengthy delay by utility provider in delivering invoices to new landlord – invoices delivered to previous landlord – when costs ‘incurred’ – section 20B Landlord and Tenant Act 1985 – service charge certificate conclusive of the amount of the service charge – whether landlord entitled to … Continue reading Ground Rents (Regisport) Ltd v Dowlen and Others: UTLC 22 Apr 2014

Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

Effect of Contract Frustration The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war. Held: The court considered how the frustration of the performance of a contract affected the obligations under it. Lord Ratcliffe said: ‘frustration occurs whenever the law recognises … Continue reading Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956