Court dismisses mother’s appeal regarding son with SEN on the basis that the Local Government Ombudsman had no jurisdiction to investigate the consequences of a local authority’s decision
R (ER) v Commissioner for Local Administration & Anor [2014] EWCA Civ 1407
The appellant is a mother of a boy, N, with special educational needs and physical disabilities. He has a Special Educational Needs statement. After his placement at a special residential school broke down, the local authority undertook a consultation process and eventually named Moorcroft School as the school N would attend, as it was looking […]
Court allows appeal and grants injunction against father’s book dedicated to son with disabilities due to an account of childhood sexual abuse
OPO v MLA & Anor [2014] EWCA Civ 1277
MLA was a performing artist. OPO was a child and the son of MLA and BHM, his litigation friend. STL was a commercial publisher. The father had written a semi-autobiographical book for publication in the UK and other jurisdictions. The book gave an account of the serious childhood sexual abuse suffered by the father over […]
Court of Appeal rules manual handling of claimant on aircraft by officers during removal from UK is lawful
R (FI) v SSHD [2014] EWCA Civ 1272
This case was an appeal against the decision of Foskett J in the case of R (Z) v Secretary of State for the Home Department [2013] EWHC 498 (Admin). The claimant had been subject to restraint by a number of officers within an aircraft when the SSHD unsuccessfully attempted to remove her from the UK. […]
Court upholds Secretary of State’s decision to not carry out a trans-boundary consultation
An Taisce (The National Trust for Ireland), R (on the Application of) v The Secretary of State for Energy and Climate Change & Anor [2014] EWCA Civ 1111
The claimant sought a judicial review of the defendant’s decision to build a nuclear power plant at Hinkley Point in Somerset. Article 7 of Directive 2011/92/EU (the EIA Directive) notes that if a Member State is aware that a project is likely to have significant effects on the environment in another Member State then that Member State […]
Court rejects JR challenge against policy which authorised use of ‘challenge direct’ technique in interrogation process
Hussein, R (on the application of) v Secretary of State for Defence [2014] EWCA Civ 1087
The appellant, who was substituted in the proceedings for the original claimant, was an Iraqi national who was arrested by UK forces in December 2004. He alleged that during his detention he was physically ill-treated both before and during his questioning and that he was subjected to substantial periods of shouting. The appellant initially sought […]