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Matrix Judgments & Commentary

Matrix’s Legal Support Service produce summaries of cases that Matrix members are involved in, which you can find below. You can browse these through the search function on the right.

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.

No general requirement under EU for Member States to provide parents with particular levels of support

R (HC) v Secretary of State for Work & Pensions & Ors [2013] EWHC 3874 (Admin)

Whether three amending regulations were discriminatory and/or compatible with EU law. Held: the regulations did not discriminate against the claimant, nor did they breach the ECHR. There was no breach of the Charter of the Fundamental Rights of the European Union. The defendants were fully aware of the equality implications of the proposed regulations.

Powers to safeguard children in need could be exercised outside local authority area when the child was outside of the area

R (J) v Worcestershire County Council [2013] EWHC 3845 (Admin)

The powers under the Children Act 1989, s 17(1) were capable of being exercised outside the area of the local authority and at a time when the child himself was outside that area. S 17 conferred a broad general duty and there was no evidence that Parliament intended to restrict the provisions.