Latest Cases

Mental health – Capacity. The Court of Protection approved an agreed order put forward by a local authority for A, a young man who had a learning disability with an impairment in adaptive social functioning and executive functioning. Among other things, the court gave guidance on the relevant information that a person needed to be able to understand, retain, use and weigh in relation to online activity.

Employment – Remuneration. The defendant London Underground Ltd was liable, pursuant to the Agency Workers Regulations 2010, SI 2010/93, to compensate the claimant temporary workers for underpayments, notwithstanding that it had previously provided funds for that purpose to an insolvent agency. Accordingly, the Court of Appeal, Civil Division, dismissed the defendant's appeal against the decision of the Employment Appeal Tribunal and remitted the case to the employment tribunal to assess the compensation under reg 18(10), 50% of which would be payable to the claimants.

Local authority – Education. As there was not a serious issue to be tried, it would be wrong to grant an interim injunction preventing the defendant local authority from setting its budget pending the application for judicial review of its consultation on the future funding of education provision for special educational needs and disabilities. The Administrative Court further held that that conclusion plainly led to the inevitable consequence that there were also no arguable grounds for the grant of permission to bring a claim for judicial review.

Arbitration – Arbitrator. The claimant's appeal against decisions of an arbitrator succeeded in proceedings related to the rights of the parties to profits under partnership agreements concerning two dental practices. The Chancery Division held that the arbitrator had erred in his interpretation of the facts concerning the two practices, and his award would be varied appropriately to reflect that.

Prison – Management and treatment of prisoner. Despite all of the measures put in place by the second defendant Secretary of State, they had not been adequate and effective to prevent breaches of art 8 of the European Convention on Human Rights at a prison in relation to the unlawful strip-searches of the claimants because they had not been adequate or effective in ensuring that the first defendant Sodexo had had proper and suitable systems in place for training its staff on strip-searching. However, the Administrative Court found no breach of art 3.

Bankruptcy – Trustee in bankruptcy. There were no grounds for removing the present trustee in bankruptcy and replacing him with another office holder. Accordingly, the Chancery Division dismissed the applicant creditors' application for, among other things, an order, pursuant to s 298(1) of the Insolvency Act 1986, which removed the trustee in bankruptcy in favour of the official receiver.

Child – Abduction. The Family Division found that the father had wrongfully removed the child from Portugal within the terms of the Hague Abduction Convention on the Civil Aspects of International Child Abduction 1980 and the defences put forward by the father had not been established. Accordingly, the child was ordered to return to Portugal forthwith. It was clear that adequate arrangements would be in place to ensure his protection.

Road traffic – Taxi. The words 'make an additional charge' in s 165(4)(b) of the Equality Act 2010 meant to impose an additional financial liability or commitment on a disabled wheelchair user as compared with an able-bodied passenger. The Administrative Court, in dismissing the appellant's appeal by way of case stated, further held that such a liability or commitment was imposed no later than the point when a London taxi driver switched on his meter before such a person and their wheelchair had boarded the taxi.

Solicitor – Lien. The liquidators' application for recognition of foreign main proceedings did not amount to 'proceedings' within the definition of art 4(c) of the Legal Aid, Setencing and Punishment of Offenders Act 2012 (Commencement No.5 and Saving Provisions) Order 2013, SI 2013/77. Further, the Chancery Division held that the claimant was not entitled to a common law lien to secure the payment of the fixed fee it had agreed with the company. It had waived its entitlement to a lien by entering into a deed of charge with the company.

Mental health – Persons who lack capacity. The applicant applied, under s 18(1)(h) of the Mental Capacity Act 2005, for the settlement of the deceased's (C's) property on trust. C had been born with severe neurological disabilities, following complications and birth, and he had died shortly before the settlement of his clinical negligence claim, aged 13. The Court of Protection ruled, in circumstances where the biological father had not been part of C's life, that C's property, which he had shared with his deceased foster carer's daughter and her husband (AH and EH), should pass to AH and EH, free from inheritance tax, and that the residue of the estate should pass to C's biological mother, who had cared for him for the early part of his life.