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Court: Court of Appeal

Court of Appeal rules on Secretary of States power to detain individuals on “immigration bail”

The Queen (on the application of Seth Kaitey) v Secretary of State for the Home Department [2021] EWCA Civ 1875.

The Court of Appeal unanimously dismissed this appeal concerning whether the Secretary of State has the power to place a person on bail under para. 1(2) of Sch. 10 to the Immigration Act 2016 in circumstances where it would be unlawful to detain them.  According to the evidence before the Court there may be more […]

Prescription of puberty blockers to children not suitable for Court’s determination, holds Court of Appeal

Bell & Anr v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363

In the treatment of under-18s suffering from gender dysphoria the appellant NHS Trust’s Gender Identity Development Service refers patients to paediatric endocrinologists for consideration of whether they should be prescribed with puberty blockers. The respondents challenged the practice of prescribing puberty blockers to under-18s and sought a declaration that this practice was unlawful in the […]

Court of Appeal gives judgment on polygamous marriages and bereavement benefits

Secretary of State for Work & Pensions v Akhtar [2021] EWCA Civ 1353

The Court of Appeal’s decision in Secretary of State for Work & Pensions v Akhtar [2021] EWCA Civ 1353 gives detailed guidance on the interplay between polygamous marriages and bereavement benefits under social security legislation. The Court allowed the Secretary of State’s appeal, holding that the Respondent, Mrs Akhtar, the widow of a man who […]

Court of Appeal gives judgment in case concerning the Pension Protection Fund

The Secretary of State for Work and Pensions -v- Hughes and ors [2021] EWCA Civ 1093

These two linked appeals are brought in relation to the Order of Lewis J (as he then was) (‘the judge’) dated 30 July 2020, allowing the claimants’ judicial review claim. The claim, brought by twenty-four individual claimants and the British Airline Pilots Association (“BALPA”), (together referred to as the “Claimants”) concerns the level of compensation […]

Court of Appeal dismisses Heathrow Airport Ltd’s applications for judicial review over VAT reclaim schemes

Heathrow Airport Ltd & Ors v Her Majesty's Treasury [2021] EWCA Civ 783

The Court of Appeal (also constituted as the Divisional Court) has dismissed applications for judicial review brought by Heathrow Airport Ltd and a number of other parties regarding the abolition following the expiry of Brexit transitional period of two VAT reclaim/exemption schemes, the VAT Retail Export Scheme and Extra Statutory Concession 9.1. The schemes were […]