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 was a patient under section 2 of the Mental Health Act 1983, the 28-day assessment provision. Her right to apply to a Tribunal under s66 of the Act expired on 2 January 2011, the statute giving ...
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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 no longer pay for the carer at night since Ms McDonald could sleep with incontinence pads. The majority of the Supreme Court held that this was acceptable. It did not breach her rights under Art 8 ...
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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, and then referred the matter to the Secretary of State for consideration of whether to take action under legislation relating to the safeguarding of children. This might have meant that G wo ...
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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 or the UT; it may also review its own decisions. A further appeal is provided on points of law to the Court of Appeal, but not in relation to “an excluded decision”, which includes a decision on an ...
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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, a proper review of the case shows it to be a more straightforward and simple application of established principles.Mr Bashir, who is serving a fifteen-year prison sentence, was required to ...
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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 one day apart, one before and one after the date of the 1998 Act coming into force, would receive different standards of review (given that the legislation affecting the conduct of inquests h ...
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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 for procuring the equipment, had effectively excluded them from bidding by specifying criteria which could only be met by one tenderer. Four out of the five cancer centres in Scot ...
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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 could not be funded if the applicant had no personal interest and so was motivated only by public interest grounds (though an exception was made for environmental decisions). This was challenged b ...
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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 and Sudden Death Inquiries (Scotland) Act 1976 and to review the failure of the respondent to hold an inquiry, compatible with the requirements of Article 2 of the European Convention on Human ...
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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 on the appellants’ public service vehicle licence under section 39 of the 2001 Act. They appealed against this decision to the Upper Tribunal, who upheld the decision of the Traf ...
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