In Ziolkowski (Freedom of movement for persons) [2011] EUECJ C-424/10 (21 December 2011), the CJEU held that a Union citizen, who has been resident for more than five years in a Member State on the sole basis of the national law of that Member State, cannot acquire a right of permanent residence if during that […]
The Welfare Reform Bill On 11 January 2012, the Government lost three votes in the House of Lords onEmployment and Support Allowance (ESA) amendments to the Welfare Reform Bill 2011. Cross-bench peers joined with Labour peers in voting by 234 to 186 in favour of extending the time limit for contributory ESA from one year […]
City of London v Samede and others [2012] EWHC 34 (QB) (Lindblom J): The defendants were part of the Occupy encampment on the courtyard and highway adjacent to St Paul's cathedral. The City of London, acting as highway authority and owner of part of the land, sought possession of the land covered by the encampment. […]
Secretary of State for Justice v (1) RB and (2) Lancashire Care Foundation Trust[2011] EWCA Civ 1608 (Maurice Kay LJ, Arden LJ, Moses LJ): On allowing the appeal the Court of Appeal held that a tribunal could not rely on a patient's best interests as a ground for ordering a conditional discharge on terms that […]
Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) [2011] EWCA Civ 1257 (Pill LJ, Lloyd LJ, Munby LJ): the Respondent was a 39-year old man with cerebral palsy, Down’s syndrome and significant physical and learning disabilities. He was placed in a care home after his mother was no longer […]
Muse and Ors (By their litigation friend Fadumo Nur Ali) v Entry Clearance Officer [2012] EWCA Civ 10(Toulson, Etherton, Kitchin LJs): The appellants are five Somali children who live in Ethiopia. They appeal against repeated refusals of their applications for leave to enter the UK in circumstances where the sponsor mother lived in the […]
By Marc Willers, Garden Court Chambers The decision in the case of Sedgemoor DC v Hughes is one which may have far reaching implications for all those representing families with children faced with eviction proceedings bought by a local authority, whether they be Gypsies, Travellers or others living on their own land without planning permission, […]
R (RP) v Harrow LBC [2011] EWHC 3251 (Stadlen J): the council’s decision to close a residential respite care unit for disabled children was lawful because the council had rationally concluded that it would be able to meet by alternative means the assessed needs of such of the existing users of the unit who would […]
