The Court of Appeal upholds decision to lift an order restricting reporting of long running Court of Protection proceedings heard in public
Hinduja v Hinduja [2022] EWCA Civ 1492
The protected party (P) is Srichand Parmanand Hinduja (“SP”) who is 86 years old and suffers from dementia. The proceedings were brought by one of SP’s three brothers (Gopichand Parmanand Hinduja) and P’s daughters are also parties. The proceedings have been covered by a standard Court of Protection reporting restriction order preventing identification of P. […]
Successful appeal orders redetermination on permanent site for elderly and disabled Gypsies and Travellers
Re: Smith v. Secretary of State for Levelling Up, Housing & Communities & Anor [2022] EWCA Civ 1391
Ms. Smith challenged the refusal of her application for planning permission for a permanent site for Gypsies and Travellers at Coalville in Leicestershire. The principal issue concerned the August 2015 amendment by the Secretary of State of the definition of “Gypsies and Travellers”, set out in the policy document “Planning Policy for Traveller Sites”. Prior […]
Asylum seekers who were also potential victims of modern slavery were eligible for support funding under both regimes according to Modern Slavery Act 2015 Guidance
The King on the application of JB (Ghana) v Secretary of State for the Home Department [2022] EWCA Civ 1392
The Court of Appeal unanimously dismissed an appeal by the Secretary of State for the Home Department against a decision ruling that JB, the respondent (and others in the same position as him), was eligible for financial support through support regimes for both asylum seekers and potential victims of modern slavery concurrently. The Home Office […]
Pre-Brexit references binding on UK Courts where CJEU Judgment given after 31st December 2020
HMRC v Perfect [2022] EWCA Civ 330
The Court of Appeal held that UK Courts are bound by decisions of the CJEU given after the end of the transitional period (31 December 2020) on preliminary references from UK Courts made before that date. This case concerned the question of whether a lorry driver importing excise goods where the relevant excise duty had […]
Special Immigration Appeals Commission must respect Secretary of State’s assessment of the interests of national security, holds Court of Appeal
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642
In an appeal by the Secretary of State from a decision of the Special Immigration Appeals Commission (SIAC), the Court of Appeal held that when considering the Secretary of State’s assessment of the interests of national security in an immigration appeal containing a human rights claim, the SIAC had to respect the Secretary of State’s […]