Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 (Lord Hope, Deputy President, Lord Walker, Lord Mance, Lord Clarke and Lord Sumption): Mr and Mrs Hickin were joint secure tenants but they separated. Mrs Hickin remained in the house with her daughter but later Mrs Hickin died. The daughter claimed that she had succeeded to […]
Welfare benefits work covered by legal aid after April 2013 In a Written Ministerial Statement published on 18 September, the Government announced that legal aid would not be available for Appeals to the First-tier Tribunal where the Tribunal reviews its own decision because there has been an error in law; and Appeals on a point […]
EC v Birmingham and Solihull Mental Health NHS Trust [2012] UKUT 178 (AAC) (Judge Rowland): An appeal and applications for judicial review against tribunals' refusals to hear arguments in relation to extra-statutory recommendations were dismissed. The tribunal held there is no legal right to advance these arguments as this is a sufficient reason for not […]
Introduction Notwithstanding the well-known budgetary pressures affecting most adult care authorities, care home owners have enjoyed a run of successful judicial reviews of fee-setting decisions. This article provides an overview of that success (and schedules the relevant cases below), questions how long it is likely to continue and considers how local authorities can set lawful […]
HH and Anor v Deputy Prosecutor of the Italian Republic, Genoa and Anor [2012] UKSC 25; BH and Anor v The Lord Advocate and Anor (Scotland) [2012] UKSC 24: These are several conjoined appeals against extradition. All appellants are parents of young children. There is little dispute as to the impact upon the children of […]
The Government seeks a significant overhaul of the special educational needs system. See the Green Paper and the House of Commons briefing here. See the Government's response (published in June 2012) to the consultation here.
The Government has published three documents that seek to reform the social care system in England: (1) The Care and Support white paper: http://www.dh.gov.uk/health/files/2012/07/2900021-CaringForFuture_ACCESSIBLE-10.07.2012.pdf (2) A draft bill: http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_134740.pdf (3) A progress report on funding: http://www.dh.gov.uk/health/files/2012/07/2900021-Progress-Report-FINAL-ACCESSIBLE.pdf Secretary of State for Work and Pensions v Slavin [2011] EWCA Civ 1515 (Pill, Richards, Davis LJJ): a person […]
HK (Afghanistan) and Others (by their Solicitor & Litigation Friend Kamaljit Sandhu) v Secretary of State for the Home Department [2012] EWCA Civ 315 (Pill, Rimer, Elias, LJJ): Although the Upper Tribunal had been entitled to draw an adverse inference from the failure of Afghan minors to seek contact with their families, when concluding that […]
