Search Results for: Education Act 1996 1

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In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

Noonan v Commission: ECFI 28 Mar 1996

ECJ Any condition in a competition notice which prohibits candidates with a university degree from entering a competition for category C posts is unlawful – as is any decision of a selection board based on such a condition – because it is incompatible with the principle of equal treatment in conjunction with the first paragraph … Continue reading Noonan v Commission: ECFI 28 Mar 1996

Barclays Bank Plc v Hendricks and Another: ChD 3 Nov 1995

The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s interest in the matrimonial home and then sought an order under section … Continue reading Barclays Bank Plc v Hendricks and Another: ChD 3 Nov 1995

Manchester Diocesan Council for Education v Commercial and General Investments Ltd: 1969

The school governors were required to obtain consent before selling land formerly used as a school. Held: The court rejected a submission that that consent was a necessary pre-requisite for a contract could be made at all: ‘Reliance is placed on Milner v Staffordshire Congregational Union (Inc) [1956] Ch 275 where it was held that … Continue reading Manchester Diocesan Council for Education v Commercial and General Investments Ltd: 1969

Regina v Newham London Borough Council, ex parte Sacupima and others: CA 1 Dec 2000

Where a local authority had to decide whether temporary housing was suitable for a family who had applied under the homelessness provisions, the location of the short-term housing was relevant. In this case, a London authority, placing a family in accommodation in Great Yarmouth, failed in its statutory duty, because the result of that placement … Continue reading Regina v Newham London Borough Council, ex parte Sacupima and others: CA 1 Dec 2000

Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child): CA 10 Aug 2000

The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a place. There are two only grounds of appeal. An application to judicially … Continue reading Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child): CA 10 Aug 2000

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

Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995

Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green. Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it is accepted that if the matter has to be reconsidered by the Council … Continue reading Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995

Smyth v Croft Inns Ltd: 1996

A barman in a public house with Protestant customers in a ‘loyalist’ area of Belfast was constructively dismissed because he was a Roman Catholic. Held: That was discrimination ‘on the ground of religious belief’ within the section. The employer’s conduct did not cease to be discrimination on that ground because the employer would have treated … Continue reading Smyth v Croft Inns Ltd: 1996

Healey v Bridgend County Borough Council: CA 14 Nov 2002

The teacher was ill and was not to return to work. She expressed her willingness to take early retirement, but then claimed her full entitlement to four months’ notice of her dismissal. Held: The expression of willingness was to be taken as her notice to leave the job if the condition was fulfilled. She had … Continue reading Healey v Bridgend County Borough Council: CA 14 Nov 2002

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 Waltham Forest London Borough Council, Ex parte Baxter: CA 1988

Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in accordance with that decision and a number of members … Continue reading Regina v Waltham Forest London Borough Council, Ex parte Baxter: CA 1988

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

Amies v Inner London Education Authority: EAT 1977

A female art teacher and deputy department head applied in 1975 to be department head at her school. In September a man was appointed instead. The 1975 Act came into force on 29th December. On 1st January 1996 she complained to the Tribunal on the basis that by appointing a man the employers discriminated against … Continue reading Amies v Inner London Education Authority: EAT 1977

Regina v Special Educational Needs Tribunal Ex Parte South Glamorgan County Council: CA 12 Dec 1995

The Court of Appeal entertained an appeal by a respondent against the judge’s refusal to discharge leave granted ex parte. Challenges to decisions of tribunal should be by way of appeal not Judicial Review. Citations: Times 12-Dec-1995, [1996] ELR 326 Statutes: Education Act 1993 168 Jurisdiction: England and Wales Cited by: Cited – Kemper Reinsurance … Continue reading Regina v Special Educational Needs Tribunal Ex Parte South Glamorgan County Council: CA 12 Dec 1995

S v Special Educational Needs Tribunal and the City of Westminster: QBD 1996

The court ruled that under RSC Order 55 Rule 8, the tribunal could not appear in the High Court because they were not a party to a statutory appeal from one of their decisions, but added: ‘But the court has ample power to permit the tribunal to appear and be heard in appropriate matters. Where, … Continue reading S v Special Educational Needs Tribunal and the City of Westminster: QBD 1996

Doncaster Metropolitan Borough Council v Hancock: SCCO 2 Mar 2001

CS The Defendant had been employed by the Claimant ouncil for many years, initially as an advisor on further and higher education, but latterly as an education assistant. The Claimants informed the Defendant that his contract of employment would terminate on grounds of redundancy with effect from 15 December 1995. On that date, when the … Continue reading Doncaster Metropolitan Borough Council v Hancock: SCCO 2 Mar 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

Osman v The United Kingdom: ECHR 28 Oct 1998

Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004

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

Miles v Wakefield Metropolitan District Council: HL 1987

The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he would not be required to attend for work and would not be paid. … Continue reading Miles v Wakefield Metropolitan District Council: HL 1987

Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985

Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985

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 Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson: CA 22 Feb 1993

A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to … Continue reading Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson: CA 22 Feb 1993

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

Inland Revenue Commissioners v Oldham Training and Enterprise Council: ChD 11 Oct 1996

The court was asked whether Oldham TEC was established for exclusively charitable purposes. The Commisioners now appealed against a finding that tey were. Held: The appeal succeeded. The promotion of commerce is not capable of being a charitable object per se. The objects of the company contained two main objects and three subsidiary objects, that … Continue reading Inland Revenue Commissioners v Oldham Training and Enterprise Council: ChD 11 Oct 1996

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

Barnett v Acorn Care and Education Ltd and Another: EAT 4 May 2017

EAT Victimisation Discrimination : Protected Disclosure – Detriment – UNFAIR DISMISSAL – Constructive dismissal – UNFAIR DISMISSAL – Automatically unfair reasons – The findings of fact and a fair reading of their Decision fully supported the conclusion of the Employment Tribunal that the decision that disciplinary charges against the Claimant were established and that the … Continue reading Barnett v Acorn Care and Education Ltd and Another: EAT 4 May 2017

Day v Health Education England and Others: CA 5 May 2017

This appeal concerns the proper construction of section 43K (whistleblowers) and the application of that section to a certain category of doctors operating in the health service. Held: The appeal succeeded. Judges: Gloster VP CA, Elias LJJ, Moylan J Citations: [2017] EWCA Civ 329, [2017] WLR(D) 307, [2017] ICR 917, [2017] IRLR 623 Links: Bailii, … Continue reading Day v Health Education England and Others: CA 5 May 2017

Poole Borough Council v GN and Another: SC 6 Jun 2019

This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Barrett v London Borough of Enfield: HL 17 Jun 1999

The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal. Held: An adult formerly in the care of a local authority as a … Continue reading Barrett v London Borough of Enfield: HL 17 Jun 1999

O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997

The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

Uber Bv and Others v Aslam and Others: SC 19 Feb 2021

Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Petrovic v Austria: ECHR 27 Mar 1998

The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998

Gaines-Cooper v HM Revenue and Customs: ChD 13 Nov 2007

The parties disputed the domicile of the tax-payer. He had a domicile of origin in the UK, but asserted that he had acquired a domicile of choice in the Seychelles. The Special Commissioners had allowed, in assessing the domicile at any time, of evidence of later events. Held: The taxpayer’s appeal failed. The Commissioners could … Continue reading Gaines-Cooper v HM Revenue and Customs: ChD 13 Nov 2007

Skuse v Granada Television: CA 30 Mar 1993

The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993

Re O (A minor) (Medical Treatment): FD 12 Apr 1993

The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as Jehovah’s Witesses) that medical treatment by blood transfusion is forbidden by the Bible … Continue reading Re O (A minor) (Medical Treatment): FD 12 Apr 1993

Abbey National Plc v Fairbrother: EAT 12 Jan 2007

EAT Unfair Dismissal Disability discrimination The Tribunal had found a dismissal to be unfair because of flaws in a grievance procedure, following which the Claimant had resigned. They also found that the Claimant, who suffered an obsessive compulsive disorder, was subjected to taunts that she would not have had inflicted on her if she had … Continue reading Abbey National Plc v Fairbrother: EAT 12 Jan 2007

Regina v London Borough of Newham and Bibi and Al-Nashed: CA 26 Apr 2001

The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly. Held: That promise had created a legitimate expectation: ‘In all legitimate expectation cases, whether substantive or procedural, three practical questions arise. The first question is to what has the public authority, … Continue reading Regina v London Borough of Newham and Bibi and Al-Nashed: CA 26 Apr 2001

Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984

Duty of Fairness to taxpayer – Written Assurance The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax. Held: Where the lawfulness of the section … Continue reading Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984

Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

There had been a purported marriage in 1963 between a man and a male to female trans-sexual. Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that … Continue reading Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

Day v Lewisham and Greenwich NHS Trust and Another: EAT 9 Mar 2016

EAT (Victimisation Discrimination: Protected Disclosure) A Specialist Registrar in Medical Training worked under a contract of employment with Lewisham NHS Trust. He made disclosures about patient safety, and repeated them to Health Education England (‘HEE’) who arranged his training placements, were responsible for paying a substantial part of his salary to Lewisham, and who regularly … Continue reading Day v Lewisham and Greenwich NHS Trust and Another: EAT 9 Mar 2016

West Bromwich Albion Football Club Ltd v El-Safty: QBD 14 Dec 2005

The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created a conflict of interest if he had accepted a contractual obligation to the … Continue reading West Bromwich Albion Football Club Ltd v El-Safty: QBD 14 Dec 2005

Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

Services for Education (S4E Ltd) v White and Another: EAT 10 Aug 2015

EAT Transfer of Undertakings – JURISDICTIONAL POINTS – Continuity of employment The transferee employer appealed against a Decision of the Employment Tribunal (‘the ET’) that the employee’s continuity of employment was preserved by section 212(2) of the Employment Rights Act 1996, despite a transfer of the undertaking in which the employee was employed, between a … Continue reading Services for Education (S4E Ltd) v White and Another: EAT 10 Aug 2015

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

Pfaffinger and Another v City of Liverpool Community College and Another: EAT 4 Mar 1996

The EAT considered the status of part time lecturers of courses at colleges of higher education. They were employed on fixed term contracts for a term at a time. The court was asked whether, if a contract was not renewed, that amounted to a dismissal. Held: The employees’ appeals succeeded. The claimants had each been … Continue reading Pfaffinger and Another v City of Liverpool Community College and Another: EAT 4 Mar 1996

Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

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

Biblical Centre of The Chuvash Republic v Russia: ECHR 12 Jun 2014

ECHR Article 9-1 Freedom of religion Dissolution of religious community without relevant and sufficient reasons: violation Facts – The applicant was a Pentecostal mission that registered as a religious organisation in November 1991. In 1996 it founded a Biblical college and Sunday school. However, it was dissolved with immediate effect in October 2007 by order … Continue reading Biblical Centre of The Chuvash Republic v Russia: ECHR 12 Jun 2014

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

Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the purposes of the right to education provisions of article 2. A religiously founded belief that corporal punishment should be … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

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

Stephens v Kingston University Higher Education Corporation: EAT 10 Dec 2013

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time: just and equitable – FIXED TERM REGULATIONS – Time limits. Employment Judge entitled to conclude that claims under Employment Rights Act 1996 made 5.5 years out of time should not proceed. Even if not reasonably practicable to present them within time, they … Continue reading Stephens v Kingston University Higher Education Corporation: EAT 10 Dec 2013

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

Money v AB: ChD 10 Nov 2021

Anonymity – balance in favour of open justice Ruling on an application by the Defendant for anonymity. Held: Refused: ‘The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do not of themselves mean that anonymity should be … Continue reading Money v AB: ChD 10 Nov 2021

Regina v Camden London Borough Council Ex Parte Cran and Others: QBD 25 Jan 1995

A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required in a particular case must depend on the circumstances. A few general principles … Continue reading Regina v Camden London Borough Council Ex Parte Cran and Others: QBD 25 Jan 1995

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

Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001

RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012

The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime. Held: The Secretary of State’s appeals failed. The HJ principle applied. It was wrong to require someone with no political beliefs to … Continue reading RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012

Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002

The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002