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England and Wales Case Law

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Employment law

Anne-Bernadette Rubery v Ministry of Defence

The Court of Appeal held that section 121 of the Equality Act 2010 was not incompatible with Convention rights and that the ET could not rewrite it to restore jurisdiction.

  • Jurisdiction of employment tribunal
  • Indirect discrimination
  • Victimisation
  • Compatibility with convention rights
  • Interpretation of equality act 2010
  • Service complaints procedure
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Criminal law [2020] EWHC 438 (Admin)

Short v The Falkland Islands

Short v The Falkland Islands [2020] EWHC 438 (Admin) (21 February 2020)

The Divisional Court held that section 84 of the Extradition Act 2003 asks whether there is a case to answer under English law, not Falkland Islands law, and dismissed the appeal.

  • Extradition to overseas territories
  • Doli incapax
  • Article 8 echr
  • Passage of time bar
  • Prima facie case
  • Compatibility with convention rights
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Immigration law [2014] EWHC 2603 (Admin)

Carter, R (On the Application Of) v Secretary of State for the Home Department

Carter, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2603 (Admin) (29 July 2014)

The High Court held that the Home Office fee-waiver policy for FLR(O) applications was unlawful insofar as it was incompatible with Article 8 ECHR.

  • Fee waiver policy
  • Article 8 echr
  • Destitution
  • Proportionality
  • Judicial review of policy
  • Discretionary powers
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Land law

McDonald v McDonald & Anor (Rev 1)

The Court of Appeal dismissed an appeal against a possession order, holding that Article 8 did not give a proportionality defence against a private landlord under section 21 Housing Act 1988.

  • Assured shorthold tenancy
  • Article 8 echr
  • Possession proceedings
  • Receivers' powers
  • Compatibility with convention rights
  • Article-8-echr
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Extradition [2010] EWHC 2076 (Admin)

Klimas, R (on the application of) v Prosecutors General Office of Lithuania

Klimas, R (on the application of) v Prosecutors General Office of Lithuania [2010] EWHC 2076 (Admin) (08 July 2010)

The High Court dismissed an extradition appeal to Lithuania, holding that prison conditions shown to be below international standards did not prove a real Article 3 risk.

  • Article 3 echr
  • Prison conditions
  • Extradition act 2003
  • Framework directive
  • Compatibility with convention rights
  • Extradition
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Public law

HXA v The Home Office

The High Court held the claimant’s immigration detention unlawful because it was used to seek detention arrangements in Iraq, not simply removal.

  • Administrative detention
  • Deportation
  • False imprisonment
  • Article 5 echr
  • Article 3 echr
  • Article 2 echr
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Immigration law [2010] EWHC 1177 (QB)

HXA v The Home Office

HXA v The Home Office [2010] EWHC 1177 (QB) (21 May 2010)

The High Court held that the claimant’s 10-month immigration detention pending deportation was unlawful because removal was not realistically achievable in time.

  • False imprisonment
  • Deportation
  • Detention pending deportation
  • Article 5 echr
  • Article 3 echr
  • Article 2 echr
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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.