Public Law & Constitutional Laws & Cases in the UK
Below are recent public law and constitutional law cases from our CaseCheck archive. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
Time Limits Expiring on Holidays - R (Elham Modaresi) v Secretary of State for Health, First-Tier Tribunal (Mental Health), West London Mental Health NHS Trust - Court of Appeal, [2011] EWCA Civ 1359, 23 November 2011; Mummery, Richards and Black LJJ  -  The Court of Appeal has overturned in part a decision of the High Court. The judgment clarifies what happens in relation to time limits for applications to the Tribunal when they expire on a weekend or public holiday: namely, they are extended to the next working day. The short facts are that Ms Modaresi... more...
R (McDonald) v Royal Borough of Kensington and Chelsea (Respondents) [2011] UKSC 33 (6 July 2011)  -  In this case, the appellant was assessed as having a community care need to be assisted to the commode during the night: she had suffered a stroke and so needed assistance with mobility, and had a small bladded which meant that she needed to urinate frequently. The local authority decided that it would... more...
R (G) v The Governors of X School [2011] UKSC 30 (29 June 2011)  -  In this case, a school teaching assistant aged 22 allegedly formed a relationship with a boy aged 15 doing work experience at the school. The parents of the boy complained: the police investigated but took no action, but the school held a disciplinary hearing and dismissed G on the basis of gross misconduct,... more...
R (Cart) v Upper Tribunal (and related cases) [2011] UKSC 28 (22 June 2011)  -  The issue in this case started as one of whether the Upper Tribunal was immune from judicial review. The Upper Tribunal was established under the Tribunals, Courts and Enforcement Act 2007 to hear appeals on points of law from the various chambers of the First-tier Tribunal, with permission of the FTT... more...
R (Imran Bashir) v. The Independent Adjudicator, HMP Ryehill and the Secretary of State for Justice [2011] EWHC 1108  -  No doubt sure to raise the ire of unthinking tabloid journalism is a case involving a long-term prisoner using his freedom of religion rights to avoid a conviction for failing to give a sample for a mandatory drugs test; in the tabloid world, this would be an unjustifiable escape on a technicality. Naturally,... more...
McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)  -  In early judgments on the scope of the Human Rights Act 1998, it was determined that court hearings relating to events that pre-dated the coming into force of the 1998 Act would not apply the Act's substantive provisions. This might mean that, in the context of an inquest as an example, deaths that occurred... more...
Elekta Limited v. The Common Services Agency, [2011] CSOH 107  -  Outer House case concerning the procurement of radio therapy equipment (with an estimated value of around £21m) for cancer centres in Scotland. Elekta, which produced radio therapy equipment, complained that the Common Services Agency (also known as NHS National Services Scotland), which was responsible... more...
Evans, R (on the application of) v The Lord Chancellor & Anor [2011] EWHC 1146 (Admin) 12/05/2011  -  The Legal Services Commission has a Public Interest Advisory Panel, which makes decisions on whether to grant public funding for cases that involve a wider public interest. The LSC Funding Code, which sets the relevant criteria, was amended as from April 2010 to provide that judicial review proceedings... more...
Alice Emms v. The Lord Advocate [2011] CSIH 7  -  In this reclaiming motion, the pursuer and reclaimer appealed against an interlocutor of the Lord Ordinary, who had dismissed her petition for judicial review. The reclaimer had sought review of a decision of the Lord Advocate to refuse to order a public inquiry under section 1(1)(b) of the Fatal Accident... more...
James and Catherine Cosgrove t/a Fishers Tours v. an order of the Upper Tribunal dated 9th October 2010 under the Transport (Scotland) Act 1985, section 117(2) and Schedule 4(14) [2011] CSIH 5  -  The appellants ran a bus company from premises in Dundee. Following an inspection of their services in December 2009, the Traffic Commissioner for the Scottish Traffic Area had ordered the appellants to pay a penalty of £12,650 under section 39 of the Transport (Scotland) Act 2001 and also placed restrictions... more...
This content is made available by CaseCheck Limited under a Creative Commons Licence  |  Terms Of Use