In HL v Secretary of State for Work and Pensions (DLA) [2011] UKUT 183 (AAC) the UT gave guidance on the assessment of medical evidence and what inference may be drawn from a GP’s evidence. The claimant’s claim for DLA had been refused following an interview and examination by an examining medical practitioner. The claimant […]
Court of Protection Guidance: applications to the Court of Protection in relation to tenancy agreements (22 June 2011): if a person lacks the mental capacity to sign a tenancy agreement, and no deputy has been appointed, an application should be made to the Court of Protection for authority for a deputy to sign or terminate […]
By Bethan Harris, Barrister at Garden Court Chambers Ms McDonald was formerly the prima ballerina of the Scottish Ballet. In 1999, aged 56, she suffered a stroke, leaving her with severely limited mobility. She also suffers from a small and neurogenic bladder and has to urinate some 2 – 3 times a night. The local […]
Hadzic and Suljic v Bosnia and Herzegovina(Application No.: 00039446/06 : 00033849/08) European Court of Human Rights (N Bratza P): The European Court of Human Rights held that where the applicants in these two separate cases had been convicted of manslaughter but were made subject of a hospital order because of their diminished responsibility at the […]
SMBC v WMP, RG and GG (by their litigation friend the Official Solicitor) and HSG and SK SKG [2011] EWHC B13 (COP) (HHJ Cardinal): In the autumn of 2010 West Midlands Police sought forced marriage protection orders with regard to three brothers in the G family of whom the applicant [HSG] in this case is […]
R (HH) v City of Westminster Magistrates’ Court [2011] EWHC 1145 Admin (Laws LJ): whilst the best interests of children were a primary consideration in extradition cases, they could not generally override the public interest in effective extradition procedures. There had to be an “exceptionally compelling feature” giving rise to “the gravest effects of interference […]
R (Shoesmith) v Ofsted and others [2011] EWCA Civ 642 (Master of the Rolls, Maurice Kay and Stanley Burnton LJJ): a direction under section 497A(4B) of the Education Act 1996 appointing another person to Ms Shoesmith’s position as Director of Children's Services, and removing Ms Shoesmith, had been unlawful because of the lack of procedural […]
G (By his litigation friend) v St Gregory’s Catholic Science College Governors [2011] EWHC 1452 (Admin) (Collins J): The school’s refusal to allow an exception to its uniform policy so that a pupil can wear his hair in cornrows on the basis of a long-standing family tradition was held to amount to indirect racial discrimination […]
