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.
Appeal to UKSC granted where conflict between HoL & Strasbourg authority
R (Kaiyam) & Anor v Secretary of State for Justice [2013] EWCA Civ 1587
There was a conflict between House of Lords and ECtHR jurisprudence. The Court was bound to follow the House of Lords. However, the conflict should be resolved and therefore an appeal to the Supreme Court would be allowed. The judge had been correct to dismiss the common law claim as the system was not an unreasonable one.
Cessation of Housing Benefit after 52 weeks as a hospital patient – which indirectly discriminated against the mentally ill – was justified
Obrey & Ors v The Secretary of State for Work and Pensions [2013] EWCA Civ 1584
Appeal against a decision that the 52 week rule with regards to absence from home for the purposes of Housing Benefit did indirectly discriminate against the mentally ill but was justified because it was not manifestly without reasonable foundation.