Case Law R (CJ) v Cardiff County Council [2011] EWHC 23 (Ouseley J): Substantial fact-finding trial of an unaccompanied age dispute minor. It is the first case of its kind to consider the issue of the burden of proof at a substantive trial. Ouseley J held that normally, it is unnecessary to consider the issue […]
Will your local authority ratify the Protocol? The time for decisions is nigh! On the 2ndJuly 2010, the National Executive Council of the Association of Directors of Adult Social Services (“ADASS”) approved a National Protocol on Ordinary Residence Arrangements for People Moving Between Local Authority Areas(“the Protocol”) (together with FAQand an Advice Note). Through ADASS […]
Case law: AS v Buckinghamshire CC [2010] UKUT 407 (AAC) (HS/754/2009) – In a claim for disability discrimination in failure to make reasonable adjustments in a school admissions exam to a grammar school, it was held that this fell within the jurisdiction of the admissions appeals panels, and not the First-tier Tribunal, DDA 1995 s28K […]
Case Law R (on the application of BT) v SECRETARY OF STATE FOR THE HOME DEPARTMENT : R (on the application of MA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT : R (on the application of DA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2010) QBD (Admin) Extempore (Davis J) 21/12/2010 Facts: The […]
Recovery of debts by deductions from benefits and Debt Relief Orders Secretary of State for Work & Pensions v Payne & Anor [2010] EWCA Civ 1431 (14 December 2010) held that it was unlawful for DWP to recovery debts by deductions from future benefit entitlement. Debt Relief Orders (DRO)s were introduced in April 2009 as […]
Manchester City Council v Pinnock and EQHC [2010] UKSC 45: The court held that the ECtHR jurisprudence established that: any person at risk of being dispossessed of his home at a local authority's suit should in principle have the right to question the measure's proportionality under article 8 ECHR, even if his right of occupation […]
In the matter of RC (deceased) COP No 11639140 (Senior Judge Denzil Lush): the Senior Judge drew attention to the costs rules applicable to COP proceedings, at sections 55 and 56 of the Mental Capacity Act 2005, rules 155 to 168 of the Court of Protection Rules and Practice Directions 19A and 19B, as well […]
Seal v UK 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. The claimant […]
