Nicholas v Secretary of State for Defence [2015] EWCA Civ 53 (Lord Dyson MR, Pitchford and Lewison LJJ): whether exclusion of Crown licences from security of tenure regime discriminatory. Mrs Nicholas, the Appellant, and her husband, Squadron Leader Nicholas, were Crown licencees. They occupied RAF accommodation under a licence granted to them in 2005 by […]
Bostridge v Oxleas NHS Foundation Trust [2015] EWCA Civ 79, The Chancellor, Christopher Clarke and Vos LJJ: The issue on the appeal was whether the appellant who was unlawfully detained in hospital for some 442 days was entitled to substantial damages instead of the nominal damages awarded by the judge. The appellant, who suffered from […]
On 9 February 2015, the DWP published DMG Memo 2/15 – Extending GPoW Assessments to Stock EEA Nationals, which advises that the GPoW assessment will be extended to all remaining EEA nationals whose entitlement to JSA(IB) started prior to 1 January 2014. The Memo states that the DWP will identify those EEA nationals whose entitlement […]
AJ (by her litigation friend the Official Solicitor) v A Local Authority [2015] EWCOP 5, Baker J: This is an important case on local authorities’ duties under Art 5(1) and (4) ECHR. AJ was 88 and suffered from vascular dementia. Mr and Mrs C, who cared for AJ, placed her in a care home for […]
Re D (a child)(no 2)(2015) [2015] EWFC 2: the President of the Family Division expressed concern over the delay in obtaining public funding for parents with learning difficulties contesting a local authority’s placement order application; because of the potential breach of article 6 ECHR. Click here for the judgment. R (BG) v Chief Constable of […]
R (ER) v Commissioner for Local Administration (Local Government Ombudsman) and London Borough of Hillingdon [2014] EWCA Civ 1407 (LLJ Moore-Bick, Aikens, Bean): The Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority's decision if the investigation itself was excluded by the Local Goverment Act 1974 section 26(6). The judicial […]
R (on the application of MD) v Secretary of State for the Home Department [2014] EWHC 2249 (Admin) (Rhodri Price Lewis QC): On allowing the claim the court held that the detention by the Home Secretary of State of a foreign national suffering from a mental illness, was unlawful both at common law and under […]
PIP In an ad hoc statistical release, published on 28 January 2015, the DWP provided information on PIP new claims. The figures show that the average clearance time between the referral of a new personal independence payment (PIP) claim to an assessment provider and its return to the DWP was 30 weeks in June/July 2014 […]
