Court: Court of Appeal (Civil Division)

Court rules that assessor need not be specialist in area of discrimination thus dismissing appeal

David Cary v Commissioner of Police for the Metropolis Equality And Human Rights Commission [2014] EWCA Civ 987

David Cary brought proceedings against the police, he alleged they treated his complaint differently because of his sexuality. The matter proceeded to the County Court, and it was directed that the matter be heard by a circuit judge and an assessor. At the hearing he objected that the assessor did not have specific experience and […]

Appeal against decision to remove claimant from the UK following improvement in conditions in country of origin dismissed

RN v Secretary of State for the Home Department [2014] EWCA Civ 938

An appeal against a decision to remove a claimant from the UK, following an improvement in the conditions in his country of origin, Sri Lanka, was dismissed, notwithstanding an ECtHR decision that the claimant had been subjected to torture in Sri Lanka. The delay was unfortunate, but was not so severe as to cross the […]

Court of Appeal held decision regarding application for a costs capping order in discrimination proceedings

Black & Ors v Arriva North East Limited [2014] EWCA Civ 1115

The claimant/appellant in discrimination proceedings about access to public transport applied for a costs capping order pursuant to CPR 52.10 and CPR 3.19. She argued that the case was exceptional given her limited financial means and in the interests of justice. Held: it was not the function of costs capping orders to remedy the problems […]

Employer not required to know employee “disabled” for the purposes of the 1995 Act

Gallop v Newport City Council [2013] EWCA Civ 1583

When seeking guidance from outside clinicians to establish whether an employee was disabled within the meaning of legislation, an employer should pose specific questions directed to the particular circumstances of the putative disability. Where the opinion given was that the employee was not disabled, the employer must not forget that it was he who had to make the factual judgement; he could not simply rubber stamp that opinion.