Results: 131

• R (E) v Governing Body of JFS (United Synagogue intervening) (R (E) v Schools Adjudicator (British Humanist Association intervening))

  03 Jul 2008 [2008] EWHC 1535 (Admin); [2008] EWHC 1536 (Admin); [2008] ELR 445, QBD (Munby J)

  25 Jun 2009 [2009] EWCA Civ 626; [2009] PTSR 1442; [2009] 4 All ER 375; [2009] WLR (D) 209, CA (Sedley, Smith, Rimer LJJ)

  16 Dec 2009 [2009] UKSC 15; [2010] 2 AC 728; [2010] 2 WLR 153; [2010] PTSR 147; [2010] 1 All ER 319; [2009] WLR (D) 366; Case details, SC(E)

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 94.
  DISCRIMINATION — Race — Less favourable treatment

  EDUCATION — School — Admissions
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  Case index catchwords

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976, s 1(1)(a), (1A) (as inserted by Race Relations Act 1976 (Amendment) Regulations 2003, reg 3)

  DISCRIMINATION — Race — Less favourable treatment — Oversubscribed Jewish school giving priority to children recognised as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  EDUCATION — School — Admissions — Faith school's oversubscription policy — Priority for children designated as Jewish by birth or Orthodox conversion irrespective of religious practice — School refusing to admit child of mother converted through non-Orthodox teaching — Whether unlawful discrimination on racial grounds — Race Relations Act 1976 (as amended by Race Relations Act 1976 (Amendment) Regulations 2003, regs 3, 4 and Race Relations Act 1976 (Amendment) Regulations 2008, reg 2), ss 1(1)(a)(1A), 3

  9 Case(s) considered

  1 Statute considered
• R (G) v Governors of X School

  18 Mar 2009 [2009] EWHC 504 (Admin); [2009] PTSR 1291; [2009] LGR 799, QBD (Stephen Morris QC)

  20 Jan 2010 (Secretary of State for Children, Schools and Families intervening) [2010] EWCA Civ 1; [2010] 1 WLR 2218; [2010] PTSR 1435; [2010] 2 All ER 555; [2010] LGR 207; [2010] WLR (D) 4, CA

  29 Jun 2011 (Secretary of State for the Home Department intervening) [2011] UKSC 30; [2012] 1 AC 167; [2011] 3 WLR 237; [2011] ICR 1033; [2011] PTSR 1230; [2011] 4 All ER 625; [2011] LGR 849; [2011] 2 Cr App R 206; [2011] WLR (D) 211; Case details, SC(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 37.
  HUMAN RIGHTS — Fair trial — Legal representation
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  Case index catchwords

  HUMAN RIGHTS — Fair trial — Legal representation — Disciplinary proceedings — School governors dismissing teaching assistant for alleged inappropriate relationship with child undergoing work experience at school — Governors refusing to allow legal representation at disciplinary hearings — Governors’ decision to dismiss resulting in referral to Independent Safeguarding Authority — Authority having power to prohibit teaching assistant working with children — Whether disciplinary proceedings determinant of civil right to practise profession — Whether denial of legal Representation breach of Convention right to fair hearing — Human Rights Act 1998, Sch I, Pt I, art 6.1 — Education Act 2002, s 142 — Safeguarding Vulnerable Groups Act 2006 (as amended by Policing and Crime Act 2009, s 81 (1)(3)(m)(i)), ss (2), Sch 3, Pt I

  6 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered
• R (Aweys) v Birmingham City Council (Birmingham City Council v Ali, R (Abdulle) v Birmingham City Council, R (Adam) v Birmingham City Council, R (Omar) v Birmingham City Council, R (Sharif) v Birmingham City Council)

  26 Jan 2007 [2007] EWHC 52 (Admin); [2007] 1 FLR 2066; [2007] HLR 394, QBD (Collins J)

  07 Feb 2008 [2008] EWCA Civ 48; [2008] 1 WLR 2305; [2008] 1 FLR 1025, CA

  01 Jul 2009 [2009] UKHL 36; [2009] 1 WLR 1506; [2009] PTSR 1270; [2009] 4 All ER 161; [2009] LGR 749; [2009] WLR (D) 221, HL(E)

  Subsequent considerations : 1 positive; 4 neutral; most recently considered: 2022. Subsequent citations: 53.
  LOCAL GOVERNMENT — Homeless persons — Accommodation available for occupation
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Accommodation available for occupation — Local housing authority finding claimants' accommodation not reasonable for them to continue to occupy — Authority accepting claimants to be homeless and owed duty to secure accommodation available for them — Authority leaving claimants in accommodation until better accommodation becoming available — Whether authority discharging duty to secure “accommodation” — Allocation policy giving priority to street homeless over homeless with accommodation not reasonable for them to continue to occupy — Whether lawful — Woman occupying women's refuge evicted for misconduct — Woman applying to local housing authority to be accommodated as homeless — Whether intentionally homeless — Whether refuge “accommodation” — Whether “accommodation which it would be reasonable … to continue to occupy” — Whether authority owing housing duty — Housing Act 1996, ss 175(1)(3), 191(1), 193(2)

  7 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• R (G) v Nottinghamshire Healthcare NHS Trust (R (B) v Nottinghamshire Healthcare NHS Trust, R (E) v Nottinghamshire Healthcare NHS Trust (Equality and Human Rights Commission intervening), R (N) v Secretary of State for Health (Equality and Human Rights Commission intervening))

  20 May 2008 [2008] EWHC 1096 (Admin); [2009] PTSR 218, DC

  24 Jul 2009 (Equality and Human Rights Commission intervening) [2009] EWCA Civ 795; [2010] PTSR 674; [2009] WLR (D) 260, CA

  Subsequent citations: 11.
  HUMAN RIGHTS — Right to respect for private and family life — Smoking ban
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  Case index catchwords

  HUMAN RIGHTS — Right to respect for private and family life — Smoking ban — Regulations providing temporary exemption for mental health units — High security psychiatric hospital introducing policy for smoke-free environment — Whether detained mental patient's right to respect for private and family life engaged — Whether regulation and hospital policy discriminatory — Whether infringement justified — Human Rights Act 1998, Sch 1, Pt I, arts 8, 14 — Health Act 2006, ss 1, 3 — Smoke-free (Exemption and Vehicles) Regulations 2007, reg 10(3)

  4 Case(s) considered

  4 Statutes considered

  2 Statutory Instruments considered
• R (A) v Croydon London Borough Council (R (M) v Lambeth London Borough Council)

  20 Jun 2008 [2008] EWHC 1364 (Admin); [2008] 2 FLR 1026, QBD (Bennett J)

  18 Dec 2008 [2008] EWCA Civ 1445; [2009] PTSR 1011; [2009] LGR 24; [2009] 1 FLR 1324, CA (Ward LJ, Maurice Kay LJ, Sir John Chadwick)

  26 Nov 2009 (Secretary of State for the Home Department intervening) [2009] UKSC 8; [2009] 1 WLR 2557; [2010] PTSR 106; [2010] 1 All ER 469; [2010] LGR 183; [2010] 1 FLR 959; [2009] WLR (D) 342; Case details, SC(E) (Lord Hope JSC, Lord Scott JSC, Lord Walker JSC, Lady Hale JSC, Lord Neuberger JSC)

  Subsequent considerations : 5 positive; 11 neutral; 2 negative; most recently considered: 2022. Subsequent citations: 172.
  CHILDREN — Children in need — Age assessment
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  Case index catchwords

  CHILDREN — Children in need — Age assessment — Local authorities' statutory duty to provide accommodation to “any child in need” within area — Asylum seekers applying for accommodation — Local authorities deciding applicants adults and refusing to provide accommodation — Whether age determination involving precedent fact matter for local authority or for court — Whether local authority's decision reviewable by court on merit — Whether decision on provision of accommodation determination of “civil right” requiring assessment of age by independent and impartial tribunal — Whether any lack of independence or impartiality curable by judicial review — Children Act 1989, s 20(1) — Human Rights Act 1998, Sch 1, Pt I, art 6

  9 Case(s) considered

  3 Words & Phrases considered

  2 Statutes considered
• Secretary of State for the Environment, Food and Rural Affairs v Meier

  31 Jul 2008 [2008] EWCA Civ 903; [2009] 1 WLR 828; [2009] PTSR 357; [2009] 1 All ER 614, CA

  01 Dec 2009 [2009] UKSC 11; [2009] 1 WLR 2780; [2010] PTSR 321; [2010] 1 All ER 855; [2009] WLR (D) 347; Case details, SC(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 31.
  INJUNCTION — Trespass — Order for possession
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  Case index catchwords

  INJUNCTION — Trespass — Order for possession — Gipsies and travellers — Travellers in trespassory occupation of area of woodland owned by Secretary of State — Fear of travellers moving to other areas of woodland also owned by Secretary of State but distinct from that occupied by defendants — Secretary of State's application for possession order against defendants in respect of other land — Whether power in court to grant — Whether discretion to refuse order extending to other land order “real danger” of further occupation shown — Injunction to restrain further occupation — Whether appropriate — Government guidance on unauthorised encampments — Effect and relevance — CPR Pt 55

  INJUNCTION — Trespass — Order for possession — Gipsies and travellers — Travellers in trespassory occupation of area of woodland owned by Secretary of State — Fear of travellers moving to other areas of woodland also owned by Secretary of State but distinct from that occupied by defendants — Secretary of State's application for possession order against defendants in respect of other land — Whether power in court to grant — Injunction to restrain occupation — Whether appropriate — Government guidance on unauthorised encampments — Effect and relevance — CPR Pt 55

  5 Case(s) considered

  1 Statutory Instrument considered
• R (G) v Southwark London Borough Council

  29 Jul 2008 [2008] EWCA Civ 877; [2009] 1 WLR 34; [2008] 2 FLR 1762, CA

  20 May 2009 [2009] UKHL 26; [2009] 1 WLR 1299; [2009] PTSR 1080; [2009] 3 All ER 189; [2009] LGR 673; [2009] 2 FLR 380; [2009] WLR (D) 159, HL(E) (Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance, Lord Neuberger of Abbotsbury)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 53.
  CHILDREN — Children in need — Welfare services
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  Case index catchwords

  CHILDREN — Children in need — Welfare services — Claimant aged 17 and homeless applying to local social services authority for accommodation — Authority assessing claimant in accordance with national guidance as not needing social services support — Authority determining that claimant needing help with accommodation but not appearing to it to “require accommodation” — Claimant referred to authority's homeless persons unit and provided with accommodation under housing powers — Whether guidance lawful — Whether authority's decision that claimant not requiring accommodation lawful — Children Act 1989 (as amended by Adoption and Children Act 2002, s 116(1)), ss 17(6), 20(1)(c)

  5 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered
• Hanoman v Southwark London Borough Council (No 2)

  12 Jun 2008 [2008] EWCA Civ 624; [2009] 1 WLR 374; [2009] PTSR 69, CA

  10 Jun 2009 [2009] UKHL 29; [2009] 1 WLR 1367; [2009] PTSR 1059; [2009] 4 All ER 585; [2009] WLR (D) 181, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  HOUSING — Secure tenancy — Right to buy
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  Case index catchwords

  HOUSING — Secure tenancy — Right to buy — Tenant in receipt of housing benefit exercising right to buy long lease of council flat — Tenant serving operative notice of delay on council and claiming price reduction — Tenant executing lease despite council's refusal to reduce price — Tenant bringing county court claim after completion to recover overpayment — Whether challenge permissible after conveyance executed — Whether housing benefit “payment of rent” for purpose of reducing price for delay — Housing Act 1985 (as amended by Housing Act 1988, s 124, Leasehold Reform, Housing and Urban Development Act 1993, s 187(1), Sch 21, para 23 and Housing Act 2004, s 186(2)), ss 153A(5), 153B, 181 — Law of Property (Miscellaneous Provisions) Act 1989, s 2

  2 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered
• Transport for London (formerly London Underground Ltd) v Spirerose Ltd

  30 Jul 2009 [2009] UKHL 44; [2009] 1 WLR 1797; [2009] PTSR 1371; [2009] 4 All ER 810; [2009] WLR (D) 273, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 6.
  COMPULSORY PURCHASE — Compensation — Assessment
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  Case index catchwords

  COMPULSORY PURCHASE — Compensation — Assessment — Compulsory purchase in pursuance of scheme — Lands Tribunal finding reasonable prospect of planning permission for mixed-use development as at valuation date — Holding that grant of planning permission to be assumed as matter of law — Whether justified — Whether only hope value' to be taken into account — Land Compensation Act 1961, s 5(2)

  7 Case(s) considered

  1 Statute considered
• Ali v Birmingham City Council (Ibrahim v Birmingham City Council, Tomlinson v Birmingham City Council)

  07 Nov 2008 [2008] EWCA Civ 1228; [2009] PTSR CS11; [2009] 2 All ER 501; [2009] LGR 1; [2009] HLR 23, CA

  17 Feb 2010 (Secretary of State for Communities and Local Government intervening) [2010] UKSC 8; [2010] 2 AC 39; [2010] 2 WLR 471; [2010] PTSR 524; [2010] 2 All ER 175; [2010] LGR 401; [2010] WLR (D) 86; Case details, SC(E)

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 42.
  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation
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  Case index catchwords

  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Local authority's reviewing officer determining simple issue of primary fact against applicant — Whether officer constituting “independent and impartial tribunal” — Whether such independence necessary — Whether review by officer an issue of primary fact and appeal to court or judicial review grounds sufficient to guarantee compliance with Convention right to fair hearing — Housing Act 1996, ss 202, 204 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  LOCAL GOVERNMENT — Homeless persons — Refusal of offer of accommodation — Applicants asserting letter explaining consequences of refusal never received — Local housing authority officer reviewing cases and concluding authority's duty to applicants discharged — Applicants alleging review procedures not compatible with their rights to fair determination of civil rights — Whether local authority's statutory duty to homeless persons giving rise to “civil rights” — Housing Act 1996 (as amended by Homelessness Act 2002, ss 6(1), 7(1)(2), 8(1)(2), 18, Sch 1, para 16, Sch 2, para 1 and Housing and Regeneration Act 2008, s 314, Sch 15, Pt 1, para 7(2)), ss 193, 202, 204 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  8 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered