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Child Poverty Action Group, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 27 Feb 2009

Challenge to defendant’s practice in seeking recovery of overpayments. Held: The court refused to grant a declaration that the respondent could not use common law or equitable powers to recover over-payment of benefits where the payee had neither misrepresented his position, nor otherwise been at fault. Judges: Michael Supperstone QC Citations: [2009] EWHC 341 (Admin), … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 27 Feb 2009

Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009

CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure. Held: The appeal succeeded, and the court made a declaration that: ‘where a benefit falling within section 71(11) of the Social Security Administration Act 1992 … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009

Miah v The Secretary of State for Social Security: CA 3 May 2002

The claimant appealed a discontinuance of his Disability Living Allowance. He had been re-assessed after a request for a review of his allowance on being diagnosed as a diabetic. On re-assessment, the doctor used assessment standards based upon diabetics with visual impairment, but the original allowance had been for his lack of mobility. Having failed … Continue reading Miah v The Secretary of State for Social Security: CA 3 May 2002

Mulvey v Secretary of State for Social Security: HL 20 Mar 1997

The appellant had had repayable awards from the social fund and also income support benefit. Deductions were made from the benefit to repay the awards. Her estate was sequestrated. She argued that the awards should no longer be deducted. Held: Deductions by way of recoupment for overpayments of benefit were correctly continued after bankruptcy.Lord Jauncey … Continue reading Mulvey v Secretary of State for Social Security: HL 20 Mar 1997

Regina v Secretary of State for Social Services ex parte Hooker: CA 1983

The plaintiff sought to challenge the policy of the respondent which prevented the issue of a new National Insurance (NI) number on completion of gender re-assignment surgery. She now appealed against denial of her claim. Held: The policy was lawful. McCowan LJ said: ‘since it will not make the slightest practical difference, far from the … Continue reading Regina v Secretary of State for Social Services ex parte Hooker: CA 1983

Ashraf v Secretary of State for Social Security: CA 17 Dec 1999

Where an applicant had been granted a lifetime disabled living allowance, but appealed on an issue related to the mobility component of that award which had been for a term also, the tribunal was not to consider the validity of the disabled living allowance as a whole. The tribunal must identify the individual grounds for … Continue reading Ashraf v Secretary of State for Social Security: CA 17 Dec 1999

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Evans and Another v The Chief Constable of The South Wales Police: QBD 16 Nov 2017

‘Do the provisions of paragraphs 7(1) and 7(2) of Schedule 3 to the Police (Injury Benefit) Regulations 2006 entitle a Chief Constable to deduct the full sums of Incapacity Benefit (IB) and Industrial Injuries Disablement Benefit (IIDB) from the injury pension paid to a former police officer in weeks in a year after the year … Continue reading Evans and Another v The Chief Constable of The South Wales Police: QBD 16 Nov 2017

Roberts and Another v Revenue and Customs: FTTTx 26 Apr 2011

National Insurance Contributions; failure by limited company to pay contributions; Personal Liability Notice served on director; whether failure to pay attributable to neglect on the part of directors; Social Security Administration Act 1992 s 121CandD; Appeal dismissed. Citations: [2011] UKFTT 268 (TC) Links: Bailii Statutes: Social Security Administration Act 1992 121C Jurisdiction: England and Wales … Continue reading Roberts and Another v Revenue and Customs: FTTTx 26 Apr 2011

Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007

The claimant sought judicial review of the respondent’s decision that he was liable, after his discharge from bankruptcy, to suffer deductions from his benefits of sums to repay an overpayment of benefit incurred before his bankruptcy. Held: The respondent’s claim under section 71(1) was a bankruptcy debt, and as such was subject to release on … Continue reading Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007

Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007

The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities requested an adjournment pending the outcome of the criminal trial. The tribunal refused it. The … Continue reading Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007

Howker v Secretary of State for Work and Pensions and Another: CA 8 Nov 2002

The applicant challenged the validity of regulations made by the respondent. Held: The procedure under the Act envisaged that new regulations would be commented upon by the Social Security Advisory Committee. The Committee could allow a regulation to go through without comment, provided it received appropriate confirmation from the first respondent that the effect of … Continue reading Howker v Secretary of State for Work and Pensions and Another: CA 8 Nov 2002

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Passmore, Regina v: CACD 18 Jun 2007

P was claiming housing and council tax benefit. He had been convicted of dishonestly failing to give prompt notification of ‘a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under the relevant social security legislation’, contrary to section 111A. The court was asked the meaning of the … Continue reading Passmore, Regina v: CACD 18 Jun 2007

McCaffery v Datta; Datta and St Anne’s Nursing Home Limited: CA 11 Dec 1996

Costs payable to the plaintiff after an award which was greater than the payment in even though it might be less than the sum of benefits which might be recouped. Citations: Gazette 22-Jan-1997, Times 09-Jan-1997, [1996] EWCA Civ 1179, [1997] 1 WLR 870 Links: Bailii Statutes: Social Security Administration Act 1992 Jurisdiction: England and Wales … Continue reading McCaffery v Datta; Datta and St Anne’s Nursing Home Limited: CA 11 Dec 1996

Secretary of State for Work and Pensions v Nelligan: CA 15 Apr 2003

The claimant qualified potentially for a pension based upon her own Class B contributions, or a category A pension. The Class B pension and requested that it be backdated. Held: She could claim one pension but not both. The pension entitlement under the 1992 Act was dependent upon a claim being made. She could not … Continue reading Secretary of State for Work and Pensions v Nelligan: CA 15 Apr 2003

DD v Secretary of State for Work and Pensions (II): UTAA 2 Nov 2020

Claimant with existing award of industrial injuries disablement benefit (IIDB) for other Prescribed Diseases made new application to reinstate award for Prescribed Disease D5 dermatitis – decision-based system of social security decision-making – whether new claim or application for a supersession on basis of change of circumstances – date from which new aggregated re-assessment takes … Continue reading DD v Secretary of State for Work and Pensions (II): UTAA 2 Nov 2020

ED v Secretary of State for Work and Pensions: UTAA 15 Dec 2020

The appellant had – in a fictitious identity that was not that of another, real, person – claimed and been granted asylum, indefinite leave to remain and British citizenship. The Secretary of State for Work and Pensions accepted that the appellant was not ‘a person subject to immigration control’ within the meaning of section 115 … Continue reading ED v Secretary of State for Work and Pensions: UTAA 15 Dec 2020

CT v Secretary of State for Work and Pensions: UTAA 6 Jan 2021

Recoverable overpayment of income-related Employment and Support Allowance following failure to disclose receipt of occupational pension – Civil penalty imposed under section 115D Social Security Administration Act 1992 -whether ‘reasonable excuse’ for failure to disclose and scope of discretion – VT v Secretary of State for Work and Pensions (SSWP) [2016] UKUT 178 (AAC); [2016] … Continue reading CT v Secretary of State for Work and Pensions: UTAA 6 Jan 2021

Department for Work and Pensions (Central Government): ICO 17 Sep 2015

The complainant requested peer review documents carried out by the Department for Work and Pensions (the DWP) following the death of a benefit claimant. The DWP refused the request under section 44 of the Freedom of Information Act 2000 (the Act) as disclosure was prohibited by section 123 of the Social Security Administration Act 1992 … Continue reading Department for Work and Pensions (Central Government): ICO 17 Sep 2015

FDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: CA 20 Mar 2012

The FDA and other trades unions challenged the use by the respondent of the Consumer Price Index rather than the Retail Prices Index for use in the uprating of civil service pensions. Held: The respondent was so entitled. In ordinary language, the change in CPI over a given period could properly be said to be … Continue reading FDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: CA 20 Mar 2012

Regina (Bui) v Secretary of State for Work and Pensions; Regina (Onakoya) v Secretary of State for Work and Pensions: UTAA 18 Jul 2022

Claims for Universal Credit (UC) – whether Secretary of State for Work and Pensions is entitled to withhold payment of UC from an individual who does not have a National Insurance number (NINo) until such time as a NINo is allocated to that person – proper interpretation of section 1(1B) of the Social Security Administration … Continue reading Regina (Bui) v Secretary of State for Work and Pensions; Regina (Onakoya) v Secretary of State for Work and Pensions: UTAA 18 Jul 2022

Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2010

The court was asked as to the lawfulness of the Secretary of State making deductions from ongoing social security benefit to recover the overpayment of incapacity benefit and the repayment of a social fund budgeting loan during the moratorium period of a debt relief order. Held: The Secretary of state could not deduct the sums … Continue reading Payne and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 26 Jul 2010

Howick v Revenue and Customs: FTTTx 1 Jul 2022

National Insurance Contributions – Section 121C Social Security Administration Act 1992 – personal liability of a company officer for unpaid contributions – whether the company’s failure to pay contributions was attributable to the neglect of the Appellant who was the sole director of the company at the relevant times – yes – appeal dismissed Citations: … Continue reading Howick v Revenue and Customs: FTTTx 1 Jul 2022

Regina v Passmore: CACD 18 Jun 2007

The defendant had been receiving housing and council tax benefit. He appealed his conviction for having failed to notify the authority of his change in circumstances, saying that the change would not have altered his entitlement. The interpretation of the statute offered by the defendant followed the ordinary and natural meaning of the words of … Continue reading Regina v Passmore: CACD 18 Jun 2007

Azam v Epping Forest District Council: Admn 8 Oct 2009

The claimant challenged the certificate issued in his prosecution as to the date on which the prosecutor said that sufficient evidence had come into his hands, to commence a prosecution under the 1988 Act. Judges: Scott Baker LJ, Cranston J Citations: [2009] EWHC 3177 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 Jurisdiction: England … Continue reading Azam v Epping Forest District Council: Admn 8 Oct 2009

James v Tower Bridge Magistrates’ Court: Admn 9 Jun 2009

The claimant challenged the decisions of the magistrates first to convict him under the 1992 Act in his absence, and then to refuse to re-open the case. He had attended late on the trial date, after attending hospital overnight with his young daughter, and his solicitors had only received confirmation of the representation order one … Continue reading James v Tower Bridge Magistrates’ Court: Admn 9 Jun 2009

(Un-named) (Invalidity Pension): SSCS 20 May 1997

Claim – claimant relying on a decision of the Court of Appeal – whether tribunal bound by section 68 of the Social Security Administration Act 1992On 2 December 1992, the Court of Appeal held in Cottingham and Geary v. Chief Adjudication Officer and Secretary of State for Social Security (reported as R(P) 1/93) that occupational … Continue reading (Un-named) (Invalidity Pension): SSCS 20 May 1997

Mote v Regina: CACD 21 Dec 2007

The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. Held: There had been no abuse of process in prosecuting the defendant whilst he was a member … Continue reading Mote v Regina: CACD 21 Dec 2007

Secretary of State for Work and Pensions v Balding: CA 13 Dec 2007

The Secretary of State appealed a decision that its reclaim of overpayments of benefit were no longer possible after the discharge from insolvency of the claimant. The overpayment had been reclaimed before bankruptcy. Held: At the time of the bankruptcy the debt was not a contingent debt. The secretary of state had demanded its repayment, … Continue reading Secretary of State for Work and Pensions v Balding: CA 13 Dec 2007

Secretary of State for Work and Pensions v Wilson: CA 29 Jun 2006

The claimant sought housing benefit. He had married a Thai lady who had not yet received permission to remain in this country, having entered promising not to make a call on public funds. Held: The authority was correct to refuse benefit where the claimant gave only one National Insurance Number. This was a claim for … Continue reading Secretary of State for Work and Pensions v Wilson: CA 29 Jun 2006

Inzani v Revenue and Customs: SCIT 29 Mar 2006

NATIONAL INSURANCE CONTRIBUTIONS – section 121C Social Security Administration Act 1992 – personal liability notice – liability of director for company’s contributions – fraud or neglect on the part of a director COSTS – Regulation 21(1), Special Commissioners (Jurisdiction and Procedure) Regulations 1994 – Appellant withdrawing two grounds of appeal shortly before hearing – Whether … Continue reading Inzani v Revenue and Customs: SCIT 29 Mar 2006

Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005

The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy. Held: It was not. At the date of the bankruptcy order, the possible reclaim was not yet a contingent debt, and he remained liable. There was no contingent … Continue reading Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005

Parry v Halton Magistrates’ Court and Another: Admn 20 Jun 2005

Judges: Field J, Rose LJ Citations: [2005] EWHC 1486 (Admin) Links: Bailii Statutes: Social Security Administration Act 1992 111A(1A) Jurisdiction: England and Wales Cited by: Not Approved – Mote v Regina CACD 21-Dec-2007 The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a … Continue reading Parry v Halton Magistrates’ Court and Another: Admn 20 Jun 2005

London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005

The authority had received too much by way of housing benefit subsidy in 1991 and 1992, having failed to refer rents to rent officers. It now challenged the decision of the respondent to recover the overpayment by deductions from future payments. Held: The respondent could recover the overpayment in the way proposed. The later policy … Continue reading London Borough of Lambeth, Regina (on the Application Of) v Secretary of State for Work and Pensions: Admn 20 Apr 2005

Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005

After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000). Held: The defendant was unable to set off against the amount ordered to be paid any sum which … Continue reading Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005

Hinchy v Secretary of State for Work and Pensions: CA 20 Feb 2003

The appellant challenged an order requiring her to repay benefits. She had ceased to become entitled to disability allowance when it expired without renewal, and so also lost the right to a severe disability premium. She did not inform the second office of the change in her circumstances. Held: There was a system whereby the … Continue reading Hinchy v Secretary of State for Work and Pensions: CA 20 Feb 2003

GM v Secretary of State for Work and Pensions (RP): UTAA 23 Mar 2022

Retirement Pensions – section 1 Social Security Administration Act 1992 – whether claim needed for Category B state retirement pension by married woman – regulation 3(1)(cb) of the Social Security (Claims and Payments) Regulations 1987 as amended in 2008 – CP/345/2011 and CSP/5/2013 considered – meaning of phrase ‘the spouse or civil partner of the … Continue reading GM v Secretary of State for Work and Pensions (RP): UTAA 23 Mar 2022

Wadey v Surrey County Council: CA 8 Jan 1999

The effect of benefits should be disregarded when calculating interest payable on past loss of earnings damages. The new legislation did not restore the common law position, but excluded benefits from not only the basic calculations, but the interest also. Citations: Times 08-Jan-1999, Gazette 27-Jan-1999 Statutes: Social Security (Recovery of Benefits) Act 1997, Social Security … Continue reading Wadey v Surrey County Council: CA 8 Jan 1999

Regina v Adjudication Officer Ex Parte B: QBD 27 Jul 1998

An asylum seeker who had been awarded disability living allowance before the withdrawal of benefits to such persons should continue to receive payment until his allowance became subject to review under the standard section Citations: Times 27-Jul-1998 Statutes: Social Security Administration Act 1992 30; Social Security (Persons from Abroad) Miscellaneuos Amendments Regulations 1996/30 Benefits Updated: … Continue reading Regina v Adjudication Officer Ex Parte B: QBD 27 Jul 1998

Tilley, Regina v: CACD 20 Jul 2009

The prosecutor appealed against dismissal of a charge against the defendant of allowing another to fail to give prompt notification of a change of circumstances. The recorder had rules that ‘allow’ required some positive act from the defendant. Held: The appeal failed. The offence required the defendant to have had some active involvement in the … Continue reading Tilley, Regina v: CACD 20 Jul 2009

Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005

The applicant had been dependent upon income support, and had then come to receive Disability Living Allowance (DLA). She therefore received additional income support, but the office did not adjust that benefit down when her DLA stopped. The respondent sought repayment of the overpayment. The claimant said she had not understood the instructions. Held: The … Continue reading Hinchy v Secretary of State for Work and Pensions: HL 3 Mar 2005

Smith v Revenue and Customs: FTTTx 28 Jun 2012

FTTTx NATIONAL INSURANCE CONTRIBUTIONS – section 121C Social Security Administration Act 1992 – personal liability notice – liability of director for company’s contributions – fraud or neglect on the part of a director – appeal dismissed Nicholas Aleksander [2012] UKFTT 428 (TC) Bailii England and Wales Taxes – Other Updated: 11 November 2021; Ref: scu.462819

Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011

The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order. Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The entitlement is a statutory one, and any liability to repay is separate and independent, being only a … Continue reading Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011

Secretary of State for Work and Pensions v Crown Court Sitting At Croydon: Admn 24 Mar 2010

The minister appealed against an order dismissing an application for a confiscation order as an abuse of process. The defendant had earlier had been told that no application would be made. Judges: Toulson, Griffith Williams JJ Citations: [2010] EWHC 805 (Admin) Links: Bailii Statutes: Proceeds of Crime Act 2002, Social Security Administration 1992 111A(1) Jurisdiction: … Continue reading Secretary of State for Work and Pensions v Crown Court Sitting At Croydon: Admn 24 Mar 2010

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 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

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

Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003

Chiragov And Others v Armenia: ECHR 16 Jun 2015

ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

O’Reilly v Mackman: HL 1982

Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982

Re JS (Disposal of Body): FD 10 Nov 2016

Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents were divorced, and they differed as … Continue reading Re JS (Disposal of Body): FD 10 Nov 2016