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Matrix Judgments & Commentary

Matrix’s Legal Support Service produce summaries of cases that involve Matrix members. 

Court finds 2-year residence requirement imposed by council to qualify for reduced council tax is unlawful

Winder & Ors, R (on the application of) v Sandwell MBC [2014] EWHC 2617 (Admin)

The claimants brought a claim arguing the 2-year residence requirement imposed by the defendant council as part of the criteria for the Council Tax Reduction Scheme was unlawful. Following the abolition of Council Tax Benefit in April 2013, the defendant council introduced a new scheme offering a reduced liability to pay council tax where the […]

Journalist has Freedom of Information request refused by Information Commissioner

Browning v The Information Commissioner & Anor [2014] EWCA Civ 1050

The appellant was a journalist who submitted a Freedom of Information request to the Dept for Business, Innovation and Skills in 2008 in relation to which companies applied for export licences to Iran in that year. The Dept replied stating that the information was not permitted to be disclosed. The appellant filed a complaint with […]

Court held that claimant’s fresh claim was not abuse of process thus refusing defendants strike out application

Windsor & Anor v Chief Constable of West Mercia Constabulary [2014] EWHC 2621 (QB)

The first claimant had been charged with murder and both the first and second claimants had been charged with perverting the course of justice, after the body of a man with whom the first claimant lived was found on a bonfire in the garden. Both claimants were acquitted. The first claimant subsequently issued County Court […]

Court sets aside warrant as not all material facts were disclosed during application

Mills & Anor, R (on the application of) v Sussex Police & Anor [2014] EWHC 2523 (Admin)

The claimants sought an order setting aside a warrant that was used to search their premises and seize a number of items. The Court accepted that when the police made their ex parte application to the Crown Court they had failed to disclose a number of material facts. However, the Court could not be satisfied […]

Court allows appeal in part in case arising from injuries sustained during transportation by prison van

Mahoney v GEOAmey & Anor [2014] EWHC 2563 (QB)

An appeal by the claimant against orders refusing his application for (1) permission to rely on expert evidence and (2) permission to amend his Particulars of Claim. The case related to personal injuries suffered by the claimant while being transported in a prison van. He was detained within a cubicle with no seat belt and […]