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England and Wales Case Law

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England and Wales decisions

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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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Pensions

Newell Trustees Limited v Newell Rubbermaid UK Services Limited & Anor

The 1992 Deed validly established the money purchase section and effected the transfer and conversion of members’ final salary benefits to money purchase benefits, subject to an underpin preserving the final pensionable salary link as required by the Proviso. The conversion itself did not breach the Proviso, but the transfer sums must be augmented if actual salary increases and final pensionable salary would have resulted in higher accrued benefits. There is no rule in the Scheme obliging the Trustee to discriminate on grounds of age; therefore, no unlawful age discrimination has occurred or…

Source excerpt

  • Power of amendment
  • Age discrimination
  • Final salary underpin
  • Conversion of benefits
  • Consent requirements
  • Extrinsic contracts
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Human rights

CFP v First-tier Tribunal (Social Entitlement Chamber)

Judicial review of a Criminal Injuries Compensation Scheme decision failed. The Upper Tribunal held pre-1964 injuries were excluded and no ECHR incompatibility was shown.

  • Criminal injuries compensation scheme
  • Discrimination
  • Interpretation of statutory schemes
  • Retrospective effect
  • Article 14 echr
  • Article 1 protocol 1 echr
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Insolvency [2012] EWHC 1178 (Ch)

Bootes & Ors v Ceart Risk Services Ltd

Bootes & Ors v Ceart Risk Services Ltd [2012] EWHC 1178 (Ch) (03 May 2012)

The High Court held that missing prior FSA consent to an administrator’s appointment was a curable defect, and that acts done before filing consent were valid.

  • Appointment of administrators
  • Defective appointment
  • Regulatory consent
  • Validation of acts
  • Retrospective effect
  • Administrators-appointment
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Criminal law

Elam v Secretary of State for Justice

The High Court rejected a prisoner's challenge to his release date, holding that the 2003 Act aggregation rules applied and the transitional provisions did not preserve an earlier release point.

  • Sentencing
  • Transitional provisions
  • Licence periods
  • Retrospective effect
  • Transitional-provisions
  • Prison-release
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Insolvency [2009] EWHC 3915 (Ch)

Plants to Go Ltd, Re

Plants to Go Ltd, Re [2009] EWHC 3915 (Ch) (27 April 2009)

The High Court made an administration order for Plants to Go Limited with retrospective effect, curing a defect in the out-of-court appointment and favoring administration over winding up.

  • Administration order
  • Retrospective effect
  • Pre-pack administration
  • Voluntary arrangement
  • Floating charge
  • Administration-order
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Civil procedure

Ahmed v The Bread Roll Company Ltd

The court held that a retainer letter and later CFA together formed a retrospective agreement, and that the solicitor had complied with CFA and ATE insurance requirements.

  • Conditional fee agreements
  • Retrospective effect
  • Compliance with cfa regulations
  • Ate insurance
  • Conditional-fee-agreements
  • Costs
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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.