Little by way of case law development in education law this month. But it is interesting to note the Government's responses to various challenges to the way it was dealing with the budget cuts and savings in education law. On 19th July 2011, Michael Gove, Secretary of State for Education made various announcements on various […]
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 […]
In Jessy StPrix v Secretary of State for Work and Pensions [2011] EWCA Civ 806 the Court of Appeal considered whether an EU National who stopped work when pregnant would retain worker status under Article 7 of Directive 2004/38. The appellant was a French national who came to the UK in July 2006. She worked […]
R (W) v Birmingham CC [2011] EWHC 1147 Admin (Walker J): the council’s decision to restrict eligibility for adult care services to critical needs only had been unlawful because (1) in breach of section 49A of the Disability Discrimination Act 1995, the material provided to decision makers contained no attempt to assess the likely adverse […]
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 […]
Cheshire West & Chester Council v P (by his litigation friend the Official Solicitor) and M [2011] EWHC 1330 (COP) (Baker J): P was a 38-year old man who had cerebral palsy, Down’s Syndrome, a history of cerebral vascular accidents and significant physical and learning disabilities. He displayed very challenging behaviour .The Court was asked […]
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 […]
Case Law The Supreme Court has handed down its judgment in R (Cart) v The Upper Tribunal and ors (Public Law Project and JUSTICE intervening) [2011] UKSC 28 (click here for transcript). The Court unanimously decided that permission for judicial review of the Upper Tribunal should only be granted where the criteria for a second-tier […]
