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Court: Court of Appeal (Civil Division)

Court of Appeal dismisses appeal over fostering recruitment policy

R (Cornerstone (North East) Adoption and Fostering Services Ltd v Ofsted [2021] EWCA Civ 1390

The Court of Appeal dismissed an appeal by Cornerstone (North East) Adoption and Fostering Service Ltd. The High Court had ruled that Ofsted’s decision that Cornerstone’s recruitment policy was directly discriminatory on the grounds of sexual orientation was lawful, and did not interfere with Cornerstone’s Convention rights. Sarah Hannett QC, Aidan O’Neill QC and Ben […]

Teachers’ dismissal in Gwynedd Council school reorganisation was unfair, rules Court of Appeal

Gwynedd Council v Barratt & Anor [2021] EWCA Civ 1322

The Court of Appeal upheld the judgment of the Employment Tribunal that two teachers had been unfairly dismissed when Gwynedd Council reorganised its schools, and that no reduction to their compensation should be made in circumstances in which the local authority had not adduced any evidence to show that it had considered redeploying them to […]

Court of Appeal dismisses EU victim of trafficking’s appeal in connection with the decision her asylum claim was inadmissible

ZV (Lithuania) v Secretary of State For The Home Department [2021] EWCA Civ 1196

The appellant, a Lithuanian national who is an established victim of trafficking, applied for permission to appeal the decision of Garnham J in Birmingham on 2 and 3 July 2018 regarding her challenge to the inadmissibility decision regarding her application for asylum as an EU national (Ground 1). She also applied for permission that provision […]

Court of Appeal gives judgment in case concerning the Pension Protection Fund

The Secretary of State for Work and Pensions -v- Hughes and ors [2021] EWCA Civ 1093

These two linked appeals are brought in relation to the Order of Lewis J (as he then was) (‘the judge’) dated 30 July 2020, allowing the claimants’ judicial review claim. The claim, brought by twenty-four individual claimants and the British Airline Pilots Association (“BALPA”), (together referred to as the “Claimants”) concerns the level of compensation […]

Court of Appeal dismisses appeal that article 6 applies to the judicial review claim against the Prime Minister’s decision not to launch a public inquiry into alleged complicity in mistreatment and rendition

R (Reprieve) v The Prime Minister [2021] EWCA Civ 972

The Court of Appeal has dismissed an appeal by two MPs and the charity Reprieve against the Divisional Court’s decision that Article 6 European Convention on Human Rights (ECHR) does not apply to their judicial review claim against the Prime Minister’s decision not to order a public inquiry into alleged complicity of British state agents […]