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Court: Court of Appeal (Civil Division)

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.