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 […]
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 […]