Search Results for: Mental Health Act 2007

Click the case name for better results:

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016

The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending treatment in the community. She said that the Francis case was wrongly decided. Held: Her appeal failed. … Continue reading O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016

Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 2016

ECJ (Judgment) Non-contractual liability – Health policy – Fight against Avian Influenza – Import Prohibition in wild birds captured Union – Regulation (EC) No 318/2007 and Implementing Regulation (EU) No 139 / 2013 – sufficiently serious breach of rules of law conferring rights on individuals – Infringement manifest and serious limitations of discretion – Proportionality … Continue reading Zoofachhandel Zupke And Others v Commission: ECFI 17 Mar 2016

Aspden v Webbs Poultry and Meat Group (Holdings) Limited: QBD 1996

The employer had provided a permanent health scheme for directors and senior managers, which included the complainant. After its introduction the complainant, who up to that point had no written contract of employment, entered into a written contract. Unfortunately the form used was one which had previously been used before the scheme was introduced, and … Continue reading Aspden v Webbs Poultry and Meat Group (Holdings) Limited: QBD 1996

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005

Bataliny v Russia: ECHR 23 Jul 2015

ECHR Article 3 Degrading treatment Inhuman treatment Involuntary psychiatric treatment including scientific research: violation Facts – The first applicant was diagnosed with neurocirculatory dystonia and suffered from tachycardia and severe headaches. On 25 May 2005 he attempted suicide and was taken to a psychiatric hospital. His parents, the second and third applicants, were not allowed … Continue reading Bataliny v Russia: ECHR 23 Jul 2015

G v Scottish Ministers and Another: SC 18 Dec 2013

The 2003 Act had been intended to make provision for those who had been in long term mental health carse, but would not need such continued are but were not either ready to survive without continuing support in the community. The claimant had been convicted of serious sexual and violent offences and detained under a … Continue reading G v Scottish Ministers and Another: SC 18 Dec 2013

AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010

The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege. Held: Legal professional privilege is a fundamental part of ensuring human rights as a right of privacy, and is recognised in European law (A M and S Europe Ltd). A … Continue reading Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd: HL 16 May 2002

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

ECHR Article 34 Locus standi Standing of non-governmental organisation to lodge an application on behalf of deceased mentally-ill detainee Article 2 Article 2-1 Effective investigation Failure to conduct effective investigation into the death of mentally-ill detainee: violation Facts – The application was lodged by an NGO named the Association for the Defence of Human Rights … Continue reading Association For The Defence Of Human Rights In Romania-Helsinki Committee on behalf of Ionel Garcea v Romania: ECHR 24 Mar 2015

Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others: CA 7 Oct 2014

The claimants sought to challenge the respondent’s decision to introduce the Quality Assurance Scheme for Advocates. Held: Arden LJ and Lord Neuberger of Abbotsbury MR analysed the cases as yielding a ‘manifestly inappropriate’ test. They then applied that test in the different context of a national measure restricting a fundamental freedom.Laws LJ correctly attached importance … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others: CA 7 Oct 2014

Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998

Charles Harwood v Maria Baker: PC 1840

The Board emphasised the importance that the Court of Probate should be satisfied that a testatrix had the necessary capacity when she executed the will if the evidence showed that she had lost capacity shortly afterwards. The infirmity of the testator may strengthen certain presumptions which arise against the will in a case where the … Continue reading Charles Harwood v Maria Baker: PC 1840

Key and Another v Key and Others: ChD 5 Mar 2010

The will was challenged for want of testamentary capacity. The testator was 89 years old, and the will was made within a week of the death of his wife of 65 years and without the solicitor having taken any proper steps to satisfy himself as to the testator’s testamentary capacity. Held: The will failed. When … Continue reading Key and Another v Key and Others: ChD 5 Mar 2010

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

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

Assange v The Swedish Prosecution Authority: SC 30 May 2012

The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision. Held: The appeal failed (Lord Mance dissenting). The term ‘judicial authority’ had a range of meanings. Under … Continue reading Assange v The Swedish Prosecution Authority: SC 30 May 2012

Babar Ahmad And Aswat v United Kingdom: ECHR 10 Apr 2012

The applicants said that if extradited to the USA to face charges related to terrorism, they would risk facing either imprisonment by Presidential decree, or full life terms. Held: Detention conditions and length of sentences of five alleged terrorists would not amount to ill-treatment if they were extradited to the USA. There would be no … Continue reading Babar Ahmad And Aswat v United Kingdom: ECHR 10 Apr 2012

Brugger v Medic-Aid Ltd (No 2): ChD 1996

B alleged infringement by M of its patented nebulizer. M replied saying that the claims failed for obviousness. Features of the nebulizer were admittedly old and well known, but the claimant asserted a new mechanism which reduced the size of the droplets, increasing its efficiency. Held: The patent was invalid for obviousness. Laddie J set … Continue reading Brugger v Medic-Aid Ltd (No 2): ChD 1996

Independent News and Media Ltd and Others v A: FD 12 Nov 2009

A, an adult and severely disabled, still had remarkable gifts. The newspapers wished to attend and report on proceedings before the Court of Protection. Held: Proceedings in the Court fell within the range of recognised exception for open justice. It was for an applicant to demonstrate good reason why the article ten rights should be … Continue reading Independent News and Media Ltd and Others v A: FD 12 Nov 2009

Cutts v Head and Another: CA 7 Dec 1983

There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983

A Local Authority v MA and others; Re SA (Vulnerable Adult with Capacity: Marriage): FD 15 Dec 2005

Munby J discussed the court’s inherent powers to make orders to protect the welfare of a vulnerable adult: ‘It is elementary that the court exercises its powers by reference to the incompetent adult’s best interests . . The particular form of order will, naturally, depend upon the particular circumstances of the case.’ As to the … Continue reading A Local Authority v MA and others; Re SA (Vulnerable Adult with Capacity: Marriage): FD 15 Dec 2005

Cheltenham Borough Council v Laird: QBD 15 Jun 2009

The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009

Winterwerp v The Netherlands: ECHR 24 Oct 1979

A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979

Shirley, Regina v: CACD 8 Nov 2013

The defendant had been convicted of several very serious sexual and physical assaults and rapes. He appealed against his conviction, saying that the judge had not fairly represented his defence to the jury. He said that the complainant had been raped, before and had suffered mental health issues, and that her evidence was inconsistent. [2013] … Continue reading Shirley, Regina v: CACD 8 Nov 2013

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008

The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return. Held: The adjudicator had failed to address the effect of delay. That was a relevant consideration, and the matter would have to be looked at again.Lord … Continue reading EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008

Regina (Kenneally) v Snaresbrook Crown Court: Admn 27 Nov 2001

That a mentally disturbed defendant may cause embarrassment by his behaviour in court was no reason for him not to be brought to court to be present when an order detaining him under the Act was to be made. The words of section 51(5) must be construed restrictively, and it was not to be applied … Continue reading Regina (Kenneally) v Snaresbrook Crown Court: Admn 27 Nov 2001

XXX v Camden London Borough Council: CA 11 Nov 2020

Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020

X City Council v MB and others; re MAB: FD 13 Feb 2006

The adult patient was autistic. The doctors said that he lacked capacity, and the authority sought to prevent his return to Pakistan with, they thought, a view to being married. Munby J [2006] EWHC 168 (Fam), [2006] 2 FLR 968. Bailii England and Wales Citing: Cited – Regina v Linekar CACD 21-Oct-1994 L appealed against … Continue reading X City Council v MB and others; re MAB: FD 13 Feb 2006

Norris v Government of United States of America: SC 24 Feb 2010

The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010

Shergold v Fieldway Medical Centre: EAT 5 Dec 2005

The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that led to her resignation. The respondent contended that by reason … Continue reading Shergold v Fieldway Medical Centre: EAT 5 Dec 2005

Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006

The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The procedure adopted did not follow the statutory rules, but the tribunal had found the dismissals to be fair. The … Continue reading Alexander and Hatherley v Bridgen Enterprises Ltd: EAT 12 Apr 2006

Carltona Ltd v Commissioners of Works: CA 1943

Ministers May Act through Civil Servants The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an official within the Ministry of Works and Planning. … Continue reading Carltona Ltd v Commissioners of Works: CA 1943

Cart v The Upper Tribunal: SC 21 Jun 2011

Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011

McMichael v United Kingdom: ECHR 2 Mar 1995

In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved. Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. Both the Commission and the Court found a breach of Article 8 because the … Continue reading McMichael v United Kingdom: ECHR 2 Mar 1995

Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984

Edgington v Fitzmaurice: CA 7 Mar 1885

False Prospectus – Issuers liable in Deceit The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off pressing liabilities. … Continue reading Edgington v Fitzmaurice: CA 7 Mar 1885

Z v Finland: ECHR 25 Feb 1997

A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with HIV. Z’s doctors had been required to give evidence about her medical condition in … Continue reading Z v Finland: ECHR 25 Feb 1997

Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

Re C (Adult: Refusal of Treatment): FD 1994

C had been admitted to a secure hospital as a patient under Part III of the Mental Health Act 1983 because of his paranoid schizophrenia. He now sought an injunction to prevent the amputation of his gangrenous foot without his written consent. The patient’s persecutory delusions might have prevented him from weighing the information relevant … Continue reading Re C (Adult: Refusal of Treatment): FD 1994

Pretty v The United Kingdom: ECHR 29 Apr 2002

Right to Life Did Not include Right to Death The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not the antithesis of the right … Continue reading Pretty v The United Kingdom: ECHR 29 Apr 2002

McKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs: Admn 31 Jul 2009

Assurances for Extradition Extradition of the defendant was sought to the US to face allegations of hacking into defence computers there. He said this would infringe his article 3 rights, saying that he suffered Autism Spectrum Disorder. Held: The application failed. US authorities had given re-assurances as to his care. Judicial review of a prosecutorial … Continue reading McKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs: Admn 31 Jul 2009

Purdy, Regina (on the Application of) v Director of Public Prosecutions and others: CA 19 Feb 2009

The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under the 1961 Act. Held: The court considered the Code for Crown prosecutors, and other Guidance … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and others: CA 19 Feb 2009

King v Great Britain China Centre: CA 1991

The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim. Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence of racial discrimination, and a case will usually depend on what inferences can properly be … Continue reading King v Great Britain China Centre: CA 1991

Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

Ministry of Defence v AB and Others: SC 14 Mar 2012

The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness under the 1980 Act. They said that they had only acquired the knowledge to found an action in 2007 on the … Continue reading Ministry of Defence v AB and Others: SC 14 Mar 2012

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

Barber v Somerset County Council: HL 1 Apr 2004

A teacher sought damages from his employer after suffering a work related stress breakdown. Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his sickness absences, and given him support. It did not do so. It was liable.Lord … Continue reading Barber v Somerset County Council: HL 1 Apr 2004

Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010

The tenant had been ordered to leave her flat. She had kept a dog in breach of her tenancy agreement. The landlord had terminated the assured shorthold tenancy by a section 21 notice. She said that they had failed to make reasonable adjustments to allow for her disability, and that the dog was critical to … Continue reading Thomas-Ashley v Drum Housing Association Ltd: CA 17 Mar 2010

Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008

The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008

Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc: CA 14 Mar 1986

Weighing Interest of Seeker of Judicial Review The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in contemplation which, if carried … Continue reading Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc: CA 14 Mar 1986

In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008

The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls and was recalled. In considering his application for a further licence he complained that the … Continue reading In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D: HL 11 Jun 2008

Owusu v London Fire and Civil Defence Authority: EAT 1 Mar 1995

The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single acts of discrimination, and continuing discrimination: ‘the tribunal erred in law in failing to treat the acts complained of on regrading and failure to … Continue reading Owusu v London Fire and Civil Defence Authority: EAT 1 Mar 1995

Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010

The appellant asked whether the statutory review of a housing authority’s decision on whether he was intentionally homeless was a determination of a civil right, and if so whether the review was of the appropriate standard. The claimant said that she had not received a letter informing her of the consequences of not accepting an … Continue reading Tomlinson and Others v Birmingham City Council: SC 17 Feb 2010

T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008

The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008

Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 19 Mar 2010

The applicants, incarcerated at Long Lartin pending extradition or deportation, challenged a decision further restricting their movements within the prison. All were unconvicted, and all but one were suspected of terrorist crimes. The changes were made in response to the transfer to the unit of one particular prisoner. Held: Despite the changes given in the … Continue reading Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 19 Mar 2010

Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011

The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights claimed. Held: Rectification was ordered. The Green ought not to have been registered … Continue reading Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011

Sutherland v Hatton; Barber v Somerset County Council and similar: CA 5 Feb 2002

Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work. Held: Employers have a duty to take reasonable care for the safety of their employees. There are no special controls on claims for psychiatric (or physical) injury or illness arising from the stress of doing … Continue reading Sutherland v Hatton; Barber v Somerset County Council and similar: CA 5 Feb 2002

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

Bolton v The Law Society: CA 8 Dec 1993

The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that the solicitor was honest and had not stolen client money ‘in a premeditated … Continue reading Bolton v The Law Society: CA 8 Dec 1993

TW v London Borough of Enfield and Another: QBD 8 May 2013

The claimant sought damages after being detained under the 1983 Act, and a declaration that the section used was incompatible with her human rights. Held: The test for allowing proceedings was set at a low level, and even if section 139 does have any effect on the Applicant’s rights under Article 6 read together with … Continue reading TW v London Borough of Enfield and Another: QBD 8 May 2013

Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt: CA 18 Oct 2002

Reasobaleness of Investigation Judged Objectively The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct which consisted of stealing an article found in his locker at work, because other … Continue reading J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt: CA 18 Oct 2002

Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 29 Oct 2008

The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit suicide. The claimant suffered a severe degenerative illness and anticipated that she would want to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 29 Oct 2008

Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Sanderson v Hull: CA 5 Nov 2008

Insufficient proof of cause of infection The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The employee said that she should have been warned of the … Continue reading Sanderson v Hull: CA 5 Nov 2008

Re MRJ JT and KT (Reconsideration of Order): CoP 10 Apr 2014

re_mjtCoP0414 The court had made an order transferring responsibility for MRJ’s affairs from the appointed attorney to the local authority. The order had been made on the papers, and the court now heard an application for it to be reconsidered. Held: The orders made were confirmed. The court recognised that the interference in a person’s … Continue reading Re MRJ JT and KT (Reconsideration of Order): CoP 10 Apr 2014

Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008

The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) if he accompanied her to Switzerland. She said that the failure to … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions and Another: QBD 29 Oct 2008

Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986

Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986

Bolam v Friern Hospital Management Committee: QBD 1957

Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957

Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis: Admn 25 Sep 2014

The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured that the matter was closed, resigned and took up the new post with … Continue reading Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis: Admn 25 Sep 2014

A v Independent News and Media Ltd and Others: CA 31 Mar 2010

The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010

Georgia v Russia (No 1): ECHR 3 Jul 2014

georgia_russiaECHR1407 ECHR Grand Chamber – Article 4 of Protocol No. 4 Prohibition of collective expulsion of aliens Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in breach Article 33 Inter-state case Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007 Article 35 … Continue reading Georgia v Russia (No 1): ECHR 3 Jul 2014

Richmond Adult Community College v McDougall: CA 17 Jan 2008

The claimant had been offered and had accepted a job subject to satisfactory health clearance. When that was not received her offer was withdrawn. She had suffered a condition which would affect her daily activities, but had recovered from that condition. She appealed against refusal of her claim for disability discrimination. The evidence suggested that … Continue reading Richmond Adult Community College v McDougall: CA 17 Jan 2008

Iceland Frozen Foods Ltd v Jones: EAT 29 Jul 1982

Members of the tribunal must not simply consider whether they personally think that the dismissal is fair and they must not substitute their decision as to what was the right course to adopt for that of the employer. Their proper function is to determine whether the decision to dismiss the employee fell within the band … Continue reading Iceland Frozen Foods Ltd v Jones: EAT 29 Jul 1982

Scott v LGBT Foundation Ltd: QBD 3 Mar 2020

Disclosure of risk of self harm made no claim The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr Scott with the services … Continue reading Scott v LGBT Foundation Ltd: QBD 3 Mar 2020

Nataliya Mikhaylenko v Ukraine (LS): ECHR 30 May 2013

ECHR Civil proceedingsArticle 6-1Access to courtLack of access to court for person seeking restoration of her legal capacity: violationFacts – In 2007 the applicant was deprived of her legal capacity on the grounds that she was suffering from a serious mental illness. Gradually, her mental health improved. In 2009 her guardian applied for her legal … Continue reading Nataliya Mikhaylenko v Ukraine (LS): ECHR 30 May 2013

Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

Futter and Another v Futter and Others: ChD 11 Mar 2010

Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice. Held: The deeds were set aside as void. The Rule in Hastings-Bass derives from trust law, not the law of mistake. The principle does not exist to relieve advisors from … Continue reading Futter and Another v Futter and Others: ChD 11 Mar 2010

Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944

Court of Appeal must follow Own Decisions The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers. Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered the circumstances in which it could depart from a … Continue reading Young v The Bristol Aeroplane Co Ltd: CA 28 Jul 1944

Porter and Weeks v Magill: HL 13 Dec 2001

Councillors Liable for Unlawful Purposes Use The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet … Continue reading Porter and Weeks v Magill: HL 13 Dec 2001

Western Excavating (ECC) Ltd v Sharp: CA 1978

To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events which justified his leaving, and that he left his employment with the defendant … Continue reading Western Excavating (ECC) Ltd v Sharp: CA 1978

Nottinghamshire County Council v Meikle: CA 8 Jul 2004

The claimant was a teacher who had come to suffer a sight disability. She complained that her employers had failed to make reasonable accomodation for her disability, and subsequently she resigned claiming constructive dismissal and damages for discrimination. The employer contended that she had not been dismissed within the section. Held: There had been conflicting … Continue reading Nottinghamshire County Council v Meikle: CA 8 Jul 2004