Challenge to original “lockdown” Regulations dismissed by the Court of Appeal
R (On the Application Of) Dolan & Ors v Secretary of State for Health And Social Care & Anor [2020] EWCA Civ 1605
Mr Dolan sought judicial review of the Health Protection (Coronavirus, Restrictions) (England) Regulations (SI 2020/350) which gave effect to the “lockdown” in March 2020. Today, the Court of Appeal handed down its judgment dismissing Mr Dolan’s appeal and refusing permission to appeal to the Supreme Court. The Court of Appeal held that the Secretary of State […]
Court of Appeal dismisses probation officer’s indirect age discrimination appeal
Heskett v Secretary of State for Justice [2020] EWCA Civ 1487
The appellant has been employed as a probation officer since 2006. In 2016, aged 38, the appellant brought proceedings against the respondent, his formal employer, in the Employment Tribunal (“ET”) complaining of indirect age discrimination under the Equality Act 2010. Specifically, his complaint was that the rate of pay progression for his job has drastically […]
Court of Appeal issues important guidance, and criticism, on interim relief in vulnerable adult cases
Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377
The Court of Appeal has given extensive guidance on the process whereby interim relief is sought and obtained in cases concerning vulnerable adults. This particular case arose because a Trust detained, and removed from his home at 3 am, a man who was seriously physically disabled but entirely capacitous. Neither the Trust, nor the judge, […]
Requiring disclosure by aspiring police constables of all convictions and cautions is compatible with Article 8 ECHR, says Court of Appeal
R (on the application of RD) v Secretary of State for Justice & Ors [2020] EWCA Civ 1346
Aged 13, the respondent RD was arrested and reprimanded for stealing an item of clothing worth £20. Eight years later she unsuccessfully applied to South Wales Police for a job as a service support officer, her application being rejected due to her disclosure of the reprimand despite an otherwise unblemished criminal record. As a result […]
IOPC professional misconduct hearing upheld for use of force in Jermaine Baker shooting
R (W80) v Director General of the Independent Office for Police Conduct & others [2020] EWCA Civ 1301.
The Court of Appeal has upheld the Independent Office of Police Conduct’s (“IOPC”) decision to direct a misconduct hearing for breach of the professional conduct standard relating to the use of force as a result of the shooting of an unarmed 28 year old black man, Jermaine Baker, by a Metropolitan Police firearms officer, known […]