Case Law Little by way of reported cases this month but it seems that some local authorities, in age disputes, are still refusing to re-assess a putative child's age in circumstances where fresh evidence is made available on the basis that an immigration judge has already ruled on the fact of age. Practitioners should remind […]
In the matter of RC (deceased) COP No 11639140 (Senior Judge Denzil Lush): the Senior Judge drew attention to the costs rules applicable to COP proceedings, at sections 55 and 56 of the Mental Capacity Act 2005, rules 155 to 168 of the Court of Protection Rules and Practice Directions 19A and 19B, as well […]
Case law: AS v Buckinghamshire CC [2010] UKUT 407 (AAC) (HS/754/2009) – In a claim for disability discrimination in failure to make reasonable adjustments in a school admissions exam to a grammar school, it was held that this fell within the jurisdiction of the admissions appeals panels, and not the First-tier Tribunal, DDA 1995 s28K […]
Recovery of debts by deductions from benefits and Debt Relief Orders Secretary of State for Work & Pensions v Payne & Anor [2010] EWCA Civ 1431 (14 December 2010) held that it was unlawful for DWP to recovery debts by deductions from future benefit entitlement. Debt Relief Orders (DRO)s were introduced in April 2009 as […]
Case Law R (on the application of BT) v SECRETARY OF STATE FOR THE HOME DEPARTMENT : R (on the application of MA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT : R (on the application of DA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2010) QBD (Admin) Extempore (Davis J) 21/12/2010 Facts: The […]
R(on the application of Elaine McDonald) v Royal Borough of Kensington and Chelsea[2010] EWCA Civ 1109 (Rix, Wilson LJJ, Sir David Keene): The local authority breached a duty owed to the Claimant by failing to meet her assessed needs. However once her needs had been re-assessed, the provision made to meet her needs involved no […]
Re AVS; CS v A NHS Foundation Trust[2010] EWHC 2746 (COP) (Sir Nicholas Wall P): AVS suffered from CJD and at a previous hearing it had been declared that he lacked capacity to instruct solicitors or make medical decisions. The best interests question was: 'is it in AVS's bests interests that PPS treatment continues to […]
Seal v UK 50330/07: European Court of Human Rights (7 December 2010): The claimant had brought a claim against the police as a result of the police exercising powers under section 136 Mental Health Act 1983 as amended (“the MHA 1983”) which inter alia included claims for assault and trespass to the person. The claimant […]
