R (Hertfordshire CC) v Hammersmith & Fulham LBC [2011] EWCA Civ 77 (Carnwath, Rimer, Sullivan LJJ): the authorities responsible for providing after-care services under section 117 of the Mental Health Act 1983 were the authorities for the area where the patient had been resident before his detention. Actual residence was what counted. The deeming provisions […]
Case law: R (Luton Borough Council and Ors) v Secretary of State for Education [2011] EWHC 217 (Admin) (Holman J): In a blow to the Coalition Government's controversial axing of the Building Schools for the Future Programme, five local authorities succeeded in a judicial review against the Secretary of State for Education for its failure […]
Case Law ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4: Significant decision of the Supreme Court considering the best interest of children who are affected by the decision to remove or deport one or both of their parents from the UK. Although a case decided in the specific context of […]
Case law Can a self-employed person retain the status of a worker under Article 7(3) of the Citizens’ Directive? In R(Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397, (8 December 2010), the Court of Appeal dismissed the claimant’s appeal against the decision of Deputy Judge Symons QC ([2010] EWHC 213 […]
Mayor and Burgesses of the London Borough of Hounslow (Respondents) v Powell (Appellant); Leeds City Council (Respondent) v Hall (Appellant); Birmingham City Council (Respondent) v Frisby (Appellant)[2011] UKSC 8 (Lord Phillips (President), Lord Hope (Deputy President), Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Collins): These combined appeals concern the making of orders for […]
D Borough Council v AB [2011] EWHC 101 (COP) (Mostyn J): the test for deciding whether an adult had the capacity to consent to sexual relations was whether he or she understood the mechanics of the act, that there were health risks involved and (where applicable) that sex between a man and a woman might […]
Seal v UK (App no: 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. […]
Case Law R (FZ) v LB of Croydon [2011] EWCA Civ 59 (Sir Anthony May (Presiden of the QB); Smith LJ and Aikens LJ): Guideline case from the Court of Appeal on the correct approach to be taken by local authorities and the court to resolve a dispute over age of an unaccompanied asylum seeking […]
