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England and Wales Case Law

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Employment law

K Kaler v Insights ESC Limited

The EAT dismissed an appeal over postponement refusals and a section 15 disability discrimination claim, upholding dismissal for serious email misconduct.

  • Postponement of hearing
  • Disability discrimination under equality act 2010
  • Constructive knowledge of disability
  • Justification for dismissal
  • Practice and procedure in employment tribunals
  • Employment-appeal-tribunal
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Employment law

Chief Constable of Derbyshire Constabulary & Ors v N Clark & Anor

Regulation 12 PIBR 2006 does not provide benefits payable on retirement or termination of service as required by section 1 Pension Schemes Act 1993, but only after cessation of service and upon satisfaction of additional conditions. Therefore, it is not part of an occupational pension scheme for the purposes of section 61 Equality Act 2010, and the Employment Tribunal lacks jurisdiction. The benefit is not 'pay' under EU law, so no directly effective right arises under the Framework Directive.

  • Jurisdiction of employment tribunal
  • Definition of occupational pension scheme
  • Disability discrimination under equality act 2010
  • Police injury benefit regulations 2006
  • Eu law and framework directive
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Administrative law [2024] EWHC 2348 (Admin)

Commissioner of the Police of the Metropolis, R (On the Application Of) v Police Appeals Tribunal

Commissioner of the Police of the Metropolis, R (On the Application Of) v Police Appeals Tribunal [2024] EWHC 2348 (Admin) (13 September 2024)

The High Court quashed a Police Appeals Tribunal decision remitting a police misconduct case, holding the tribunal erred in law on disability, performance, and procedural fairness.

  • Judicial review of disciplinary decisions
  • Police misconduct and gross misconduct
  • Disability discrimination under equality act 2010
  • Procedural fairness in disciplinary proceedings
  • Performance vs conduct distinction in employment discipline
  • Judicial-review
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Administrative law [2024] EWHC 113 (Admin)

Willott, R (On the Application Of) v Eastbourne Borough Council

Willott, R (On the Application Of) v Eastbourne Borough Council [2024] EWHC 113 (Admin) (25 January 2024)

The High Court dismissed a judicial review of Eastbourne Borough Council’s housing allocation policy, rejecting claims of a blanket rule, discrimination, and failure to make adjustments.

  • Judicial review of local authority housing allocation policy
  • Disability discrimination under equality act 2010
  • Indirect discrimination
  • Reasonable adjustments
  • Public sector equality duty
  • Interpretation of allocation schemes
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Housing law [2018] EWHC 40 (QB)

Teign Housing v Lane

Teign Housing v Lane [2018] EWHC 40 (QB) (16 January 2018)

High Court appeal in a housing possession case involving alleged tenancy breaches, nuisance, and disability discrimination. The appeal was allowed and remitted for retrial.

  • Possession proceedings
  • Tenancy breaches
  • Reasonableness of possession
  • Disability discrimination under equality act 2010
  • Proportionality in eviction
  • Grounds for possession under housing act 1988
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Housing law [2018] EWHC 40

Teign Housing v Lane

Teign Housing v Lane [2018] EWHC 40 (QB) (16 January 2018)

High Court appeal in a housing possession case. The judge allowed the appeal, set aside dismissal of possession proceedings, and remitted the matter for retrial.

  • Possession proceedings
  • Tenancy breaches
  • Reasonableness of possession
  • Disability discrimination under equality act 2010
  • Proportionality in eviction
  • Grounds for possession under housing act 1988
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Housing law [2012] EWHC 1389

O'Connell v Viridian Housing

O'Connell v Viridian Housing [2012] EWHC 1389 (QB) (25 May 2012)

Application for permission to appeal in a housing possession case was dismissed. The court found no evidence of a disability-based defence or procedural irregularity.

  • Possession proceedings
  • Rent arrears
  • Disability discrimination under equality act 2010
  • Article 8 echr (right to respect for home)
  • Ground 8 housing act 1988
  • Adjournment of proceedings
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Housing law [2012] EWHC 1389 (QB)

O'Connell v Viridian Housing

O'Connell v Viridian Housing [2012] EWHC 1389 (QB) (25 May 2012)

The High Court dismissed a tenant’s application for permission to appeal against a possession order, holding there was no basis to adjourn or disturb the mandatory ground 8 decision.

  • Possession proceedings
  • Mandatory grounds for possession
  • Disability discrimination under equality act 2010
  • Article 8 echr (right to respect for home)
  • Adjournment of proceedings
  • Procedural fairness
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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.