The High Court has heard several judicial reviews following the decision of the Supreme Court in R (Adams) v Secretary of State for Justice; Re MacDermott, and Re McCartney [2011] UKSC 18, which examined issues to do with compensation claims for those wrongly convicted. The question faced by the High Court was whether and, in what circumstances, a [...]
About BAILII
High Court clarifies entitlement to compensation on the grounds that there has been a “miscarriage of justice”
January 26, 2013 from Leave a Comment
Supreme Court hands down an important judgment which deals with conflicting human rights (Articles 3, 6 and 8) in disputed allegations casee
December 19, 2012 from Leave a Comment
The Supreme Court has handed down an important judgment in Re A (A Child) [2012] UKSC 60 (12 December 2012) (Lady Hale, with whom Lords Neuberger, Clarke, Wilson and Reed agreed; appeal against a decision of McFarlane, Thorpe and Hallett LJJ) which deals with conflicting human rights (Articles 8 and 6, as well as an Article 3 claim) Summarising [...]
FaceBook ordered to remove details of a person conviction of sexual offences
December 19, 2012 from Leave a Comment
In an unusual judgement A Court in Northern Ireland orders FaceBook to remove from its site a page entitled ”Keeping Our Kids Safe From Predators” in which a convicted pedophile is named. See XY v Facebook Ireland Ltd [2012] NIQB 96 (30 November 2012)
Court states that the Child Sex Offender (CSO) Disclosure Scheme must be amended.
November 2, 2012 from Leave a Comment
Following introduction of the Child Sex Offender (CSO) Disclosure Scheme Guidance Document” (the CSOD Guidance members of the public can now ask the police to provide details of a person who has some form of contact with children with a view to ascertaining whether that person had convictions for sexual offences against children or whether [...]
Drs misconduct charge overturned by Court
March 30, 2012 from Leave a Comment
This report relates a case in the Administrative Court in which Dr Rakesh Aga (“the Claimant”) successfully challenged the decision of the General Medical Council (“GMC”) on 10 December 2010 to the effect that he was guilty as misconduct. He judge stated that could not see any rational basis for the “misconduct” finding and that in [...]
Teacher fails to persuade Court that information on an enhanced CRB ought not to have been disclosed
March 4, 2012 from Leave a Comment
An experienced teacher who previously worked in a special school and who had been successful in arguing that he had been unfairly dismissed sought a declaration by way of judicial review that the issue by the Defendant Chief Constable on 20th July 2011 of an Enhanced Criminal Record Certificate under section 113 B of the Police Act [...]
Judge rules that a fair trial could not be achieved in a compensation case relating to historic abuse which was said to have occurred more than 50 years ago
February 28, 2012 from Leave a Comment
Judge rules that a fair trial could not be achieved in a compensation case relating to historic abuse which was said to have occurred more than 50 years ago. The claim related to a case involving a former resident of a children’s home run by a national children’s charity, the Children’s Society. Neutral Citation Number: [2012] [...]
Judge critical of employers decision to refer complaint to the police
February 27, 2012 from Leave a Comment
The Court of Appeal recently considered a case involving two experienced nurses who were employed by the Suffolk Mental Health Partnership NHS Trust who were dismissed for alleged alleged gross misconduct arising out of the way in which they handled a patient known a patient suffering from severe dementia. The full judgement can be found here. [...]
Judge reluctantly dismisses Enhanced CRB clam
February 16, 2012 from Leave a Comment
R (T) v (1) Chief Constable of Greater Manchester Police, (2) Secretary of State for the Home Department (Secretary of State for Justice an interested party) [2012] EWHC 147 (Admin) In July 2002, the Claimant was 11 years old. He received a warning (a private procedure, under the Crime and Disorder Act 1998) from Greater [...]
Children’s Rights Alliance lose their case – Court fails to back request for trawl of victims of unlawful restraint
January 18, 2012 from Leave a Comment
In what many peole will see as a blow for ‘trawling’ The Children’s Rights Alliance for England (CRAE) v Secretary of State for Justice and G4S Care and Justice Services (UK) Ltd and Serco plc [2012] EWHC 8 (Admin) – read judgment Although certain restraining measures had been taken unlawfully against young people in secure training centres for [...]
Court of Appeal decision in Bursar case
September 19, 2011 from Leave a Comment
The Court of Appeal have passed down an interesting but complex judgement relating to employment issues in Fuller v London Borough of Brent [2011] EWCA Civ 267 (15 March 2011) concerning the test of reasonableness in decisions relating to disciplinary proceedings. The judgement is particularly relevant because it relates to a school bursar formerly employed [...]
Supreme Court rules that teaching assistant not entitled to legal representation in disciplinary proceedings.
July 3, 2011 from Leave a Comment
In what appears, at least to the laymans eyes, a reversal of previous view of the Appeal Court the Supreme Court Court have ruled that a teaching assistant accused of acts of abuse of trust with a pupil was not entitled to legal representation in school disciplinary proceedings which might lead to a referral to [...]
Sharon Shoesmith, the former Director of Children’s Services at Haringey Council, has won her appeal
June 1, 2011 from Leave a Comment
Sharon Shoesmith, the former Director of Children’s Services at Haringey Council, has won an appeal against her dismissal by her former employers and the Secretary of State for Education. Her appeal against Ofsted was dismissed. The Court of Appeal in R (Shoesmith) v Ofsted and others [2011] EWCA Civ 642 has said that the Secretary [...]
Former prisoner challenges licence conditions – case judgement
May 30, 2011 from Leave a Comment
Our attention has been drawn to a recent case in which deals with a released prisoners right to challenge conditions imposed upon him on his release. In this case it was necessary to consider whether they were so onerous that they amounted to a deprivation of his liberty? Did they constitute an unnecessary and disproportionate [...]
Court considers Human Rights issues in disciplinary procedings
April 18, 2011 from Leave a Comment
Puri, R (on the application of) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin) (15 April 2011) This case refers to a claim for judicial review of two decisions of the defendant, the Bradford Teaching Hospitals NHS Foundation Trust. Essentially, the issue is whether Article 6 ECHR was engaged in the disciplinary [...]
Teacher wins unlawful arrest case
April 11, 2011 from 1 Comment
Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116 “Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance [...]
Court of Appeal clear man of historic abuse allegations
April 11, 2011 from Leave a Comment
Our attention has been drawn to a Court of Appeal judgment in which a man was cleared of convictions relating to offences said to have occurred between 37 and 40 years prior to their disclosure. Neutral Citation Number: [2011] EWCA Crim 726 Case No: D1/201002010 IN THE HIGH COURT OF JUSTICE COURT OF APPEAL (CRIMINAL [...]
Appeal in alleged historic abuse in domestic case fails
February 12, 2011 from Leave a Comment
RE: Hereworth v R. [2011] EWCA Crim 74 (01 February 2011) The Court of Appeal recently considered the issue of missing historic documentation in case of alleged historic abuse in a domestic situation. The appellant was convicted on three counts of indecent assault and four counts of rape in November 2009 against M, whose mother [...]
Court clarifies ‘real possibility test’ in CCRC referrals
February 10, 2011 from Leave a Comment
Morris, R (on the application of) v Criminal Cases Review Commission [2011] EWHC 117 (Admin) (07 February 2011) Thiscase relates to a claim for Judicial Review brought by Raymond Morris (the Claimant) challenging a decision of the Criminal Cases Review Commission dated 21 June 2010 declining to refer his case to the Court of Appeal [...]
TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)
January 25, 2011 from Leave a Comment
There is a very useful judgement handed down by the Appeal Court on the Bailli website. Although the judgement does not make for pleasant reading it is useful because it deals, which amongst other things, ‘truth and lies’, and best investigative practice in child protection matters. There is also a very helpful summary of the [...]
Claimants appeal dismissed in Catholic sex abuse case
November 1, 2010 from Leave a Comment
This case in the Court of Appeal Civil Division concerns some 150 or more claimants, who were previously resident at Catholic Children’s homes in the North East, proceeding by way of a group litigation order. There were at least 35 defendants. The issue considered by the Court of Appeal was to what extent were the [...]
Supreme Court rule the practice of the police in Scotland interrogating detainee without access to legal advice is unlawful
October 28, 2010 from Leave a Comment
The following summary (see below) of the Supreme Courts decision in the Cadder V HM Advocate (Scotland) case which concerns an accused rights to legal representation appears on the the Incorporated Council of Law Reporting for England & Wales Today’s website here. The full judgement can be accessed here on the Bailii website. HUMAN RIGHTS [...]