Search Results for: Education Act 1996

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Catchpole v Buckinghamshire County Council and Another: CA 18 Mar 1999

When selecting a school for a child assessed as in need of special educational provision, the education authority should take account of the parents’ expressed preferences. That duty did not override a general principal of parental preference. Citations: Times 18-Mar-1999 Statutes: Education Act 1996 9 Sch 27 3(3) Jurisdiction: England and Wales Education Updated: 10 … Continue reading Catchpole v Buckinghamshire County Council and Another: CA 18 Mar 1999

O v Harrow London Borough Council: CA 18 Dec 2001

The applicant had appealed to the Special Educational Needs Tribunal. They had remitted the case to the authority for reconsideration, and the applicant again sought to appeal the authority’s decision to refuse a statement of special educational need. The Tribunal declined jurisdiction under its rules, and the applicant appealed that order. Held: All that was … Continue reading O v Harrow London Borough Council: CA 18 Dec 2001

Regina v Rotheram Metropolitan Borough Council, Ex Parte Clark and Others: QBD 20 Nov 1997

It was not unlawful for a Council to use catchment areas for the allocation of school places but they must first ascertain the parents’ wishes. A system for choosing secondary schools by default of the parent expressing preference did not give a proper choice satisfying Act. Citations: Times 20-Nov-1997, Times 04-Dec-1997 Statutes: Education Act 1996 … Continue reading Regina v Rotheram Metropolitan Borough Council, Ex Parte Clark and Others: QBD 20 Nov 1997

S v Essex County Council and another: QBD 10 May 2000

The Special Educational Needs Tribunal had jurisdiction to hear an appeal by a parent against the decision of an education authority to cease to hold an assessment that a child had special educational needs once the child reached the age of sixteen, and education was not compulsory. The definition of a child with such needs … Continue reading S v Essex County Council and another: QBD 10 May 2000

Regina (Southern, a Minor) v Oxfordshire County Council: QBD 23 Jan 2004

The claimant sought to oblige the local authoritry to support his exceptionally bright child by recognising her needs and paying for her education at a private high school. Held: The authority had no power to make such an award under s18, but did have a discretion to make an award under the Regulations. It could … Continue reading Regina (Southern, a Minor) v Oxfordshire County Council: QBD 23 Jan 2004

W v Gloucestershire County Council and Another: QBD 19 Jul 2001

The father had applied for an assessment of his son’s special educational needs. He was found to be in need of support, but the authority named a school other than the one the father nominated. He appealed, claiming that the authority had failed to allow for circumstances outside those which immediately gave rise to the … Continue reading W v Gloucestershire County Council and Another: QBD 19 Jul 2001

Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account … Continue reading Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

Regina v Birmingham City Council, Ex Parte Youngson (A Child): QBD 9 Jan 2001

The authority’s policy not to make an educational grant unless the parents demonstrated hardship, that financial assistance was unavailable elsewhere, and that no alternative to the educational avenue chosen was available, or that other exceptional circumstances applied, was lawful. In this case the student’s need for dancing tuition could be satisfied in a day school … Continue reading Regina v Birmingham City Council, Ex Parte Youngson (A Child): QBD 9 Jan 2001

DS, Regina (on The Application of) v Wolverhampton City Council: Admn 30 Jun 2017

The claimant challenged what those acting for him describe as ‘the Defendant’s ongoing failure or refusal to provide suitable education at school or otherwise than at school in breach of its duty under section 19(1) of the Education Act 1996’. Judges: Garnham J Citations: [2017] EWHC 1660 (Admin) Links: Bailii Jurisdiction: England and Wales Education … Continue reading DS, Regina (on The Application of) v Wolverhampton City Council: Admn 30 Jun 2017

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

Regina (M) v East Sussex County Council: QBD 28 Apr 2009

The child had a statement of special educational needs, but after moving to a secondary school, complained that the statement had not been updated. Held: The statement should have been updated to name and specify the type of school he should attend. Timothy Brennan, QC J Times 12-May-2009, [2009] EWHC 1651 (Admin) Bailii Education (Special … Continue reading Regina (M) v East Sussex County Council: QBD 28 Apr 2009

Regina v London Borough of Havering ex parte ‘K’: Admn 20 Aug 1997

A statement of special education needs stated in Part IV that the child’s mother was to be responsible for providing transport at her own expense. She subsequently became unable to maintain the transport provision due to her personal circumstances and she unsuccessfully sought local authority assistance. Held: A Council deciding on the need for school … Continue reading Regina v London Borough of Havering ex parte ‘K’: Admn 20 Aug 1997

Hunt v North Somerset Council: SC 22 Jul 2015

The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the Equality Act 2010 and section 507B of the Education Act 1996 and for … Continue reading Hunt v North Somerset Council: SC 22 Jul 2015

Goodred v Portsmouth City Council: Admn 16 Nov 2021

This judicial review concerns a challenge by the claimant to the way in which the defendant discharges its statutory responsibilities under the Education Act 1996 in respect of children of school age who are not receiving education at a school. The claimant contends that her children are receiving a suitable education at home. She complains … Continue reading Goodred v Portsmouth City Council: Admn 16 Nov 2021

X County Council v DW and Others: FD 11 Feb 2005

The court was asked as to a point in the context of care proceedings as to the respective functions of the family court when exercising its jurisdiction under Part IV of the Children Act 1989 and of the Special Educational Needs and Disability Tribunal when hearing an appeal pursuant to section 326 of the 1996 … Continue reading X County Council v DW and Others: FD 11 Feb 2005

A J S B v Essex County Council and others: QBD 13 Jul 2007

The defendant local authorities sought summary judgment against the claims brought by the claimants who said that their exclusions from schools infringed their human rights. Each claimant was subject to a special educational needs statement. Held: The actions should be struck out on the ground that they had no realistic prospect of success; but, since … Continue reading A J S B v Essex County Council and others: QBD 13 Jul 2007

Haining v Warrington Borough Council: CA 2 Apr 2014

The child had special educational needs. The parents wanted him to attend a particular independent residential school. The Council wanted to finance his attendance at a less expensive school. Lord Dyson MR, Pitchford, Rafferty LJJ [2014] EWCA Civ 398, [2014] WLR(D) 152 Bailii Education Act 1996 9 England and Wales Education Updated: 02 December 2021; … Continue reading Haining v Warrington Borough Council: CA 2 Apr 2014

Hunt, Regina (on The Application of) v North Somerset Council: CA 6 Nov 2013

Appeal against an order dismissing the challenge by the appellant, to the lawfulness of the decision of the respondent, the Council to cut its Youth Services budget for the year 2012/2013. The claimant suffered ADHD and relied on services supported by the Council. Judicial review had been refused. Held: The court upheld the appellant’s argument … Continue reading Hunt, Regina (on The Application of) v North Somerset Council: CA 6 Nov 2013

Essex County Council v Williams: CA 15 Nov 2011

The court was asked as to when the obligation falling on a local authority to maintain a statement of special educational needs came to an end, and in particular whether it might survive beyond 19. The claimant, aged 22, had Down’s Syndrome. Held: The Statement lapsed withoutmore when the subject ceased to be a child, … Continue reading Essex County Council v Williams: CA 15 Nov 2011

H v East Sussex County Council and Others: CA 31 Mar 2009

The claimant had a statement of special educational needs, which she sought to have altered to specify a different school. She appealed from a refusal to amend the statement, saying that the Tribunal had not given sufficient weight to educational experts without stating why. Held: The appeal was dismissed. The court contrasted the approaches taken … Continue reading H v East Sussex County Council and Others: CA 31 Mar 2009

Isle of Wight Council v Platt: SC 6 Apr 2017

Regular school attendance is following the rules The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ did not refer only to the the … Continue reading Isle of Wight Council v Platt: SC 6 Apr 2017

Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court: Admn 25 Nov 2010

The company appealed against liability orders made against it for non-payment of domestic rates, saying that in each case it had not been the rateable occupier. The property had been subdivided and let to companies of which the appellant was a holding company. Held: The appeal was allowed. The property was a single heraditament. To … Continue reading Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court: Admn 25 Nov 2010

London Borough of Bromley v C: Admn 7 Mar 2006

The authority appealed an acquittal by the magistrates of the mother of three children of failing to secure their regular attendance. . Records showed that out of 114 possible attendances in each case, E had 72 attendances, G had 74 and B had 78. Only a few absences were for reasons of notified sickness. Some … Continue reading London Borough of Bromley v C: Admn 7 Mar 2006

Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

Ali v Secretary of State for the Home Department: CA 3 May 2006

The applicants sought asylum. Their child had a right of residence as a European citizen. Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. Judges: Lord Justice Keene Lord Justice May Lord Justice Wall Citations: Times 07-Jun-2006, [2006] EWCA Civ 484 Links: Bailii Jurisdiction: England and Wales … Continue reading Ali v Secretary of State for the Home Department: CA 3 May 2006

Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

Fayed v United Kingdom: ECHR 6 Oct 1994

The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008

The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008

SL (Unmarried Mother With Mixed Race Child) Azerbaijan CG: UTIAC 15 Feb 2013

UTIAC 1. Azerbaijan is a country with high levels of corruption and there is clear evidence that political dissent is not tolerated.2. There is nothing to indicate that the State would in any way penalise unmarried mothers (approximately 10% of mothers) or those who have mixed race children. There are in place some support mechanisms … Continue reading SL (Unmarried Mother With Mixed Race Child) Azerbaijan CG: UTIAC 15 Feb 2013

London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others: Admn 13 Feb 2013

Judicial review was sought of the changes to the marking systems for GCSE English in 2012. Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts to manage it.No legitimate expectation had been created, and indeed public documentation was contrary to the … Continue reading London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others: Admn 13 Feb 2013

A and Another v Essex County Council: CA 17 Dec 2003

The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003

MB v Secretary of State for Work and Pensions: SC 5 Jul 2016

The court was asked about the age at which entitlement to a pension began for someone of transgender. Held: The court was divided, and the issue was referred to the European Court of Justice. Judges: Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Toulson, Lord Hodge Citations: [2016] UKSC 53, UKSC 2014/0220 Links: Bailii, … Continue reading MB v Secretary of State for Work and Pensions: SC 5 Jul 2016

AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999

The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999

Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010

B (A Child); Re C (Welfare of Child: Immunisation): CA 30 Jul 2003

The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation. Held: Whether a child was to be refused immunisation was an issue on which both parents should be involved. ‘the present case is seen not as some significant novelty requiring guidance … Continue reading B (A Child); Re C (Welfare of Child: Immunisation): CA 30 Jul 2003

Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003

The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003

Lake v British Transport Police: CA 5 May 2007

The claimant challenged dismissal of his claim of having suffered an unfair detriment having made a disclosure with regard to his employers. The employers had said that as a constable, his employment was outside the scope of the Act, and the decision of the Police disciplinary Board could not found his claim. Held: the paragraph … Continue reading Lake v British Transport Police: CA 5 May 2007

Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to … Continue reading Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

Fraser and Another v Canterbury Diocesan Board of Finance and others: HL 27 Oct 2005

Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the land would revert to the claimants … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and others: HL 27 Oct 2005

Smith and Others v Trustees of Brooklands College: EAT 5 Sep 2011

EAT TRANSFER OF UNDERTAKINGS – Varying terms of employmentThe Employment Judge was entitled to hold that the agreed variation of the Claimants’ salary was not for a reason connected with a relevant TUPE transfer more than two years earlier and was not in order to achieve harmonisation of all employees’ salaries. Judges: McMullen QC J … Continue reading Smith and Others v Trustees of Brooklands College: EAT 5 Sep 2011

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

College of Estate Management v Commissioners of Customs and Excise: CA 11 Aug 2004

When offering courses to distance learning students, the College offered materials for the courses. As part of the course this supply would be exempt, as books, the supply would be zero-rated, but the taxpayer would be able to reclaim its VAT inputs. Held: ‘There clearly was a separate supply of goods, namely the printed material … Continue reading College of Estate Management v Commissioners of Customs and Excise: CA 11 Aug 2004

Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019

Regulation 4 of the Requirements for Teachers (Scotland) Regulations 2005 (‘the 2005 Regulations’), provides that a local education authority can employ only registered teachers. The issue in this appeal (brought by the local education authority) is whether the term ‘registered teacher’ in that provision simply means a teacher whose details have been entered on to … Continue reading Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019

Ministry of Defence v Wallis and Another: EAT 30 Jul 2010

EAT JURISDICTIONAL POINTS – Working outside the jurisdiction The Claimants were wives of service personnel working at NATO headquarters in Belgium and in the Netherlands – Because of that status they were eligible for, and they obtained, employment in schools attached to those headquarters – They were dismissed when their husbands’ service came to an … Continue reading Ministry of Defence v Wallis and Another: EAT 30 Jul 2010

Singh v Entry Clearance Officer New Delhi: CA 30 Jul 2004

The applicant, an 8 year old boy, became part of his Indian family who lived in England, through an adoption recognised in Indian Law, but not in English Law. Though the adoption was genuine, his family ties had not been broken in India. The family resisted an order for his return to India. Held: The … Continue reading Singh v Entry Clearance Officer New Delhi: CA 30 Jul 2004

BP Plc v Elstone and Another: EAT 31 Mar 2010

EAT JURISDICTIONAL POINTS VICTIMISATION DISCRIMINATION: Protected disclosure The central question in this appeal was whether an employee/worker who complained of suffering a detriment from his current employer on the ground that he had made a protected disclosure could claim where that disclosure had been made not whilst employed by his current employer but whilst employed … Continue reading BP Plc v Elstone and Another: EAT 31 Mar 2010

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001

Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Walker v Northumberland County Council: QBD 16 Nov 1994

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

Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

Commissioners of Customs and Excise v British Telecommunications Plc: HL 11 Feb 1999

The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input Tax. The sale of a car and the delivery to … Continue reading Commissioners of Customs and Excise v British Telecommunications Plc: HL 11 Feb 1999

Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994

The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that was subsequently withdrawn. Held: The taxpayer’s application failed. A tax clearance certificate was properly withdrawn for a failure … Continue reading Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994

Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant’s daughter and of an earlier allegation of abuse when … Continue reading Regina v Local Authority and Police Authority in the Midlands ex parte LM: 2000

Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004

A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs. Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen … Continue reading Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004

HM Revenue and Customs v Weight Watchers (UK) Ltd: ChD 21 Jan 2008

The court was asked whether the weight-watchers program which included attendance at a course and a supply of supporting materials was one single standard-rated supply or separate supplies of zero-rated printed materials and standard-rated support services. Held: The court asked whether if the tribunal was mistaken as to the law the court should overrule the … Continue reading HM Revenue and Customs v Weight Watchers (UK) Ltd: ChD 21 Jan 2008

Thrasyvoulou v Secretary of State for the Environment: HL 1990

A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the buildings were in hotel use. The use of the buildings did not change … Continue reading Thrasyvoulou v Secretary of State for the Environment: HL 1990

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

Her Majesty’s Attorney General v Deman: EAT 1 Sep 2006

EAT Practice and Procedure: Restriction of Proceedings Order/Vexatious Litigant Litigant had brought forty claims for (mainly) race discrimination against higher education institutions, trade unions and others and had made over forty appeals to EAT and been repeatedly criticised for way in which those proceedings and appeals had been conducted. Held: To have habitually and persistently … Continue reading Her Majesty’s Attorney General v Deman: EAT 1 Sep 2006

Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ. Held: The residence test as applied was not in contravention of EU law. ‘[T]he proper interpretation … Continue reading Collins v Secretary of State for Work and Pensions: CA 4 Apr 2006

College of Estate Management v Customs and Excise: HL 20 Oct 2005

The college supplied educational services by distance learning. The commissioner sought to argue that printe daterials supplied with the course were ancillary and did not have the same exemption form VAT. Held: The supplies did benefit from the exemption. The attempt to separate out the supply of prnted course materials was articifial and inconvincing. The … Continue reading College of Estate Management v Customs and Excise: HL 20 Oct 2005

Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

Whitman v United Kingdom: ECHR 4 Oct 1989

Commission decision – a reasonable denial of the right to education does not violate the Convention. Citations: 13477/87 Jurisdiction: Human Rights Cited by: Mentioned – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004 The student had been unlawfully excluded from school. The school had not complied with the procedural requirements … Continue reading Whitman v United Kingdom: ECHR 4 Oct 1989

SB, Regina (on the Application of) v Denbigh High School: CA 2 Mar 2005

The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a voluntary choice not to attend. Held: The applicant was not choosing to stay … Continue reading SB, Regina (on the Application of) v Denbigh High School: CA 2 Mar 2005

Carty v London Borough of Croydon: CA 27 Jan 2005

The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The authority, relying on Gorringe, said it was fulfilling a purely statutory duty. Held: Courts had not previously … Continue reading Carty v London Borough of Croydon: CA 27 Jan 2005

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, which showed that one criterion was a preference for a single-sex school. Held: The need to respect religious views … Continue reading Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

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

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Roberts v West Coast Trains Ltd: CA 16 Jun 2004

The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers’ procedure, accepting a demotion. The tribunal then found that he had not been dismissed. Held: There had been no dismissal. Had he not been re-instated, his dismissal would have ben unfair, but the appeal decision did not … Continue reading Roberts v West Coast Trains Ltd: CA 16 Jun 2004

Kent County Council v Green: CA 23 Jan 2004

The applicant had been a head teacher. She claimed unfair dismissal. The respondents claimed that they were not her employers. The school was a community school. Held: The governors should have been the correct respondents. They held the powers consistent with the power to dismiss. A constructive dismissal claim should not be treated differently on … Continue reading Kent County Council v Green: CA 23 Jan 2004

Karner v Austria: ECHR 24 Jul 2003

A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003

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

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

Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997

Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982

To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982

Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004

The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school. Held: Provided the parents would have a defence to an accusation of not sending their child to … Continue reading Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004

Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel): ECJ 22 Oct 1998

The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of accommodation. Held: The provision applied not just to travel agents, but to all ‘traders who habitually arrange … Continue reading Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel): ECJ 22 Oct 1998

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

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

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Malekshad v Howard De Walden Estates Limited: CA 23 May 2001

The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001

London Borough of Hackney v Ekinci: CA 24 May 2001

The applicant and his seventeen year old wife became homeless. They claimed housing assistance on the ground that the wife was a dependant child. Held: The authority succeeded. Though persons aged between 16 and 18 in full time education could, under the rules, be treated as dependent children according to the circumstances, the priority under … Continue reading London Borough of Hackney v Ekinci: CA 24 May 2001

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Fraser and Another v Canterbury Diocesan Board Of Finance (No 1): CA 24 Nov 2000

A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had occurred in 1874, with the result that the … Continue reading Fraser and Another v Canterbury Diocesan Board Of Finance (No 1): CA 24 Nov 2000

Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997

The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is ‘necessary’ in order to meet … Continue reading Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997