Results: 775

• R v AYP

  23 May 2024 [2024] EWCA Crim 952; [2024] 4 WLR 39; [2024] 2 Cr App R 23; [2024] WLR(D) 401, CA (Holroyde LJ, May, Bourne JJ)

  CRIME — Court of Appeal (Criminal Division) — Jurisdiction
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  CRIME — Court of Appeal (Criminal Division) — Jurisdiction — Judge in Crown Court ordering indictment to lie on file with consequence that proceedings coming to end — Prosecution seeking to appeal against ruling — Whether ruling capable of appeal by prosecution — Whether prosecution complying with time limits for notifying Crown Court of intention to appeal — Whether ruling by judge wrong in law — Criminal Justice Act 2003 (c 44), ss 58, 74 — Crim PR r 38.2

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• MacLennan v British Psychological Society

  21 Oct 2024 [2024] EAT 166; [2025] ICR 977; [2025] IRLR 4; [2024] WLR(D) 467, EAT (Judge James Tayler)

  Subsequent citations: 1.
  EMPLOYMENT — Contract — Worker

  EMPLOYMENT — Protected disclosure — Worker
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  EMPLOYMENT — Contract — Worker — Charity trustee elected as President-elect — Relations with senior management deteriorating resulting in grievance against claimant — Role as trustee and President-elect terminated — Whether claimant in analogous situation to employee or some “other status” — Whether “worker” — Employment Rights Act 1996 (c 18), ss 47B, 230 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 14

  EMPLOYMENT — Protected disclosure — Worker — Claimant appointed President-elect of charity with view to becoming President year later — Protected disclosures made prior to and after confirmation of appointment — Role as President-elect subsequently terminated — Whether claimant having entered into contract with charity — Whether claimant required to be treated as worker by application of Convention rights — Whether whistleblowing protection available when disclosure made prior to complainant becoming worker for employer — Employment Rights Act 1996 (c 18), ss 47B, 230(3) — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 10, 14

  9 Case(s) considered

  2 Statutes considered

• Caldwell v Secretary of State for Levelling Up, Housing and Communities

  07 Aug 2023 [2023] EWHC 2053 (Admin); [2023] PTSR 2075; [2024] 2 All ER 172; [2023] WLR(D) 351, KBD (Lieven J)

  02 May 2024 [2024] EWCA Civ 467; [2024] PTSR 1761; [2025] 1 All ER 749; [2024] WLR(D) 205, CA (Sir Keith Lindblom SPT, Coulson, Andrews LJJ)

  Subsequent citations: 2.
  PLANNING — Enforcement notice — Appeal
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  PLANNING — Enforcement notice — Appeal — Construction of dwelling on land having permission for agricultural use only — Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use — Whether requirement to remove building unlawful — Limits or parameters of statutory power requiring restoration of land to condition prior to breach — Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)

  PLANNING — Enforcement notice — Appeal — Construction of residential dwelling on land having permission for agricultural use only — Local planning authority issuing enforcement notice seven years after substantial completion requiring demolition of building and reversion to agricultural use — Whether requirement to remove building unlawful — Limits or parameters of statutory power requiring restoration of land to condition prior to breach — Town and Country Planning Act 1990 (c 8), ss 171B(1)(3), 172, 173(3)(4)(a)

  10 Case(s) considered

  1 Statute considered

• Howe v Brent London Borough Council

  27 Nov 2024 [2024] EWCA Civ 1444; [2025] 1 WLR 1751; [2024] WLR(D) 517, CA (Lewison, Andrews, Zacaroli LJJ)

  Subsequent citations: 1.
  HOUSING — Secure tenancy — Right to buy
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  HOUSING — Secure tenancy — Right to buy — Secure tenant serving notice to exercise right to buy along with family member occupier claimant — Tenant dying and local authority asserting claimant not qualifying to assert right to buy — County Court judge holding claimant to be deemed secure tenant and therefore holding right to buy — Whether family member’s right to buy arising at time secure tenant requiring them to share in right to buy — Whether claimant deemed to be statutory tenant for right to buy purposes — Whether claimant entitled to continue right to buy claim — Housing Act 1985 (c 68), ss 122(1), 123, 181

  HOUSING — Secure tenancy — Right to buy — Secure tenant serving notice claiming to exercise right to buy and requiring that family member share right to buy with her — Secure tenant dying without landlord having admitted family member’s right to buy — Whether family member’s right to buy arising at time of secure tenant’s notice — Whether family member deemed to be secure tenant for right to buy purposes — Housing Act 1985 (c 68), ss 122, 123, 124, 181

  3 Case(s) considered

  1 Statute considered

• R (Aquilina) v Secretary of State for Education

  01 Aug 2024 [2024] EWHC 1998 (Admin); [2025] ICR 211; [2024] WLR(D) 370, KBD (Cotter J)

  EDUCATION — Teacher — Disciplinary committee

  EDUCATION — Teacher — Disciplinary action
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  EDUCATION — Teacher — Disciplinary committee — Claimant head teacher sharing confidential information about pupils with husband holding pastoral support role but not employed by school — Professional conduct panel finding claimant’s actions not unacceptable professional conduct but conduct that might bring profession into disrepute — Panel making no recommendation for prohibition order in addition to usual publication of decision — Whether misconstruing legislation — Whether two limbs of statute mutually exclusive — Whether requirement for conduct under either limb to be “serious” — Whether non-statutory guidance erroneous — Whether panel’s decision lawful — Education Act 2002 (c 32), s 141B(1)(a)(2)

  EDUCATION — Teacher — Disciplinary action — Claimant head teacher wrongly sharing confidential information about pupils — Professional conduct panel finding claimant’s actions not unacceptable professional conduct but conduct that might bring profession into disrepute — Whether two limbs of statutory provision mutually exclusive — Whether professional conduct falling to be considered within second limb — Whether second limb requiring conduct to be serious — Education Act 2002 (c 32), s 141B(1)(a), (2) — Teachers’ Disciplinary (England) Regulations 2012 (SI 2012/560), reg 7(5)

  2 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Governing Body of School T v AA

  28 Nov 2023 [2023] UKUT 311 (AAC); [2024] PTSR 1076; [2024] WLR(D) 176, UT (Upper Tribunal Judge Freer)

  Subsequent citations: 1.
  EDUCATION — School — Exclusion
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  EDUCATION — School — Exclusion — School deciding to stop providing on-site education to disabled child — Child subsequently moved to care home after school and local authority deciding school no longer suitable placement — Parents bringing discrimination claim challenging school’s decision to stop providing on-site education for child — Whether claim brought out of time — Whether failure to provide on-site education continuing act for purposes of applying time limit — Equality Act 2010 (c 15), ss 15, 85(2), Sch 17, para 4

  4 Case(s) considered

  1 Statute considered

• Santander Consumer (UK) plc v Chaudhry

  31 Jan 2024 [2024] EWHC 170 (KB); [2024] Bus LR 1094; [2024] RTR 33; [2024] WLR(D) 48, KBD (Freedman J)

  CONSUMER PROTECTION — Contract — Credit
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  CONSUMER PROTECTION — Contract — Credit — Repossession of goods — Police lawfully seizing and impounding vehicle leased to debtor under conditional sale agreement — Police releasing vehicle to creditor — Creditor alleging debtor had breached agreement and refusing to return vehicle to her — Whether creditor’s recovery of possession “from the debtor” and therefore in breach of requirement to obtain court order — Consumer Credit Act 1974 (c 39), s 90

  2 Case(s) considered

  1 Statute considered
• R (Substation Action Save East Suffolk Ltd) v Secretary of State for Business, Energy and Industrial Strategy (R (Substation Action Save East Suffolk Ltd) v Secretary of State for Energy Security and Net Zero)

  13 Dec 2022 [2022] EWHC 3177 (Admin); [2023] PTSR 975; [2022] WLR(D) 505, KBD (Lang J)

  17 Jan 2024 [2024] EWCA Civ 12; [2024] PTSR 561; [2024] WLR(D) 22, CA (Coulson, Lewis, William Davis LJJ)

  31 May 2024 Permission to appeal to Supreme Court refused, , SC(E)

  Subsequent considerations : 1 positive; most recently considered: 2024. Subsequent citations: 10.
  PLANNING — Development — National policy statement
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  PLANNING — Development — National policy statement — Development consent granted for wind turbine projects comprising offshore and onshore development — Whether development consent orders unlawful — Whether flood risk from surface water properly taken into account — Whether insufficient weight given to harm to heritage assets — Whether sufficient consideration of alternative sites — Planning Act 2008 (c 29), ss 104, 114 — Infrastructure Planning (Decision) Regulations 2010 (SI 2010/305), reg 3 — National Planning Policy Framework (2021), paras 161, 162 — Overarching National Policy Statement for Energy EN-1, Pts 4.4, 5.7

  PLANNING — Development — National policy statement — Development consent orders granted for wind farms comprising offshore and onshore development — Whether flood risk from surface water properly taken into account — Whether sequential test for flood risk properly applied — Whether consent orders lawful — Planning Act 2008 (c 29), ss 104, 114 — National Planning Policy Framework (2021), para 162 — Overarching National Policy Statement for Energy EN-1, paras 5.7.3, 5.7.4, 5.7.9, 5.7.13

  5 Case(s) considered

  1 Statute considered

  3 Statutory Instruments considered

• YQ v Ředitelství silnic a dálnic ČR

  12 Oct 2023 (Case C-57/22); EU:C:2023:770; [2024] ICR 151; [2024] WLR(D) 16, ECJ (President of Chamber PG Xuereb, Judges A Kumin, I Ziemele, Advocate General J Richard de la Tour)

  EMPLOYMENT — Working time provisions — Paid annual leave
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  EMPLOYMENT — Working time provisions — Paid annual leave — Worker dismissed but later reinstated upon Czech court finding dismissal invalid — Worker not assigned work between dismissal and reinstatement despite notifying employer of wish to work — Employer refusing to pay compensation for annual leave not taken between dismissal and reinstatement — Worker bringing action for compensation for that leave — Whether European Union law precluding Czech law under which worker not entitled to paid annual leave on basis not carrying out work for employer and already entitled to wage compensation under national law — Parliament and Council Directive 2003/88/EC, art 7(1)

  4 Case(s) considered

  1 EU Enactment considered

• SportsDirect.com Retail Ltd v Newcastle United Football Co Ltd

  12 Apr 2024 [2024] CAT 24, CAT

  17 May 2024 [2024] EWCA Civ 532; [2024] 1 WLR 4324; [2025] 2 All ER 265; [2024] WLR(D) 227, CA (Sir Geoffrey Vos MR, Sir Julian Flaux C, Andrews LJ)

  Subsequent citations: 6.
  INJUNCTION — Interim — Jurisdiction to grant
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  INJUNCTION — Interim — Jurisdiction to grant — Claimant applying for interim injunction — Whether serious case to be tried — Whether court to accept claimant’s pleaded case when determining whether serious case to be tried

  3 Case(s) considered