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England and Wales Case Law

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Public law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

  • Withdrawal agreement
  • Nhs charging regulations
  • Equal treatment
  • Indirect discrimination
  • Constitutive vs declaratory schemes
  • Retrospective effect
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Public law

MXV, R (on the application of) v The Secretary of State for Home Department

The Secretary of State did not breach Article 3 ECHR operational or systems duties, as all reasonable steps were taken to facilitate clinical assessment and treatment for HIV in detention. Detention was lawful under Hardial Singh principles and Article 5 ECHR until 1 June 2024, but became unlawful thereafter due to lack of realistic prospect of removal within a reasonable period following relisting of the appeal. The Secretary of State did not fail to comply with published policies or commit public law errors.

Source excerpt

  • Immigration detention
  • Article 3 echr
  • Article 5 echr
  • Hardial singh principles
  • Adults at risk policy
  • Hiv treatment in detention
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Family law

Re E (A Child) (Special Guardianship Order: Public Law Proceedings)

The Court of Appeal held that the judge had approached the special guardianship decision as a simple welfare balance and should have applied proportionality and, in context, threshold analysis.

  • Special guardianship order
  • Care proceedings
  • Threshold criteria
  • Article 8 proportionality
  • Child welfare
  • Special-guardianship-order
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Family law

Essex County Council v MH & Ors

The High Court authorised ST’s deprivation of liberty, holding the restrictions were necessary and proportionate while a step-down plan and wider care arrangements were progressed.

  • Deprivation of liberty
  • Secure accommodation
  • Corporate parenting
  • Education provision
  • Therapeutic support
  • Placement monitoring
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Planning law

West Berkshire District Council v UK Land Holdings 1 Ltd and others

The High Court continued an interim planning injunction over caravan occupation at Aldermaston, holding that most occupiers moved on after the order and in breach of it.

  • Injunctions under section 187b town and country planning act 1990
  • Breach of planning control
  • Traveller site occupation
  • Article 8 echr proportionality
  • Persons unknown injunctions
  • Planning enforcement
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Administrative law

Witness IIA126, R (on the Application of) v The Chairman of the Independent Inquiry Relating to Afghanistan

The Court declined to dismiss the Claimant’s disclosure requests (items 6-19) at this stage, holding it premature given the unexpired deadline and unresolved communication mechanisms. The Court adopted the Defendant’s proposal for a single-stage hearing for disclosure and CMP applications, finding it more efficient and appropriate given the nature of the issues and the need for expedition. The Court set directions for provision of gists and other case management matters, inviting parties to agree a draft order accordingly.

Source excerpt

  • Judicial review
  • Closed material procedure
  • Disclosure
  • Restriction orders
  • Case management
  • Inquiries
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Planning law

Royal Borough of Windsor & Maidenhead v Martin Cawley & Ors

The Council failed to demonstrate that it had properly reassessed the balance of factors in light of new information regarding the welfare needs and personal circumstances of residents, including children. Therefore, a final injunction was not granted; instead, the interim injunction was extended to preserve the status quo pending determination of the planning application, with costs in the case.

Source excerpt

  • Injunctive relief
  • Breach of planning control
  • Green belt protection
  • Public sector equality duty
  • Article 8 echr
  • Welfare of children
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Education law

LVN, R (on the application of) v London Borough of Southwark

Judicial review about EHCP and school access: the court held the claim academic in part and, in any event, found Kennington reasonably practicable.

  • Education, health and care plan duties
  • Section 19 education act 1996
  • Section 42 children and families act 2014
  • Article 2 of protocol 1 echr
  • Academic claims
  • Reasonable practicability of educational provision
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.