England and Wales Case Law

Tomasz Sawicki v Circuit Law Court in Swidnica, Poland

Remand time accrued in the UK extinguished the penalties under AW2, requiring discharge on those warrants. However, the remaining custodial term under AW1 was substantial, and the interference with private and family life did not reach the threshold to outweigh the strong public interest in extradition. The judge's Article 8 conclusion was not wrong.

Source excerpt

• European arrest warrant
• Remand credit
• Multiple offences
• Article 8 echr
• Proportionality
• Fugitivity

Read case analysis

Marcia Janice Steele v Ofsted

The evidence demonstrates grave concerns about the appellant's judgment and ability to safeguard children, particularly her failure to prevent children being present during a scheduled eviction and her actions to delay enforcement using children. The threshold for suspension under regulation 9 is met, and the suspension decision is necessary, justified, and proportionate pending further investigation.

Source excerpt

• Suspension of registration
• Risk assessment
• Proportionality
• Public interest
• Safeguarding children

Read case analysis

Next Retail Ltd v M Thandi & Ors

Employer equal pay appeal partly succeeded: the EAT upheld most findings on particular disadvantage and direct discrimination, but overturned the basic pay justification analysis.

• Equal pay
• Material factor defence
• Direct discrimination
• Indirect discrimination
• Particular disadvantage
• Proportionality

Read case analysis

Mourad Ayadi v The Secretary of State for the Home Department

The tribunal allowed an Algerian appellant’s human rights appeal, finding he proved over 20 years’ continuous residence and that refusal was disproportionate under Article 8.

• Appendix private life
• Appendix fm suitability grounds
• Long residence
• Article 8 echr
• Continuous residence
• Proportionality

Read case analysis

Paul Henry Simms v The Registrar of Approved Driving Instructors

The Tribunal dismissed an appeal against removal from the Register of Approved Driving Instructors after three speeding offences were found to show the appellant was no longer fit and proper.

• Approved driving instructors
• Fit and proper person
• Appeal against removal from register
• Speeding offences
• Proportionality
• Approved-driving-instructors

Read case analysis

Arfan Munir Rai v Secretary of State for Education

Administrative Court appeal dismissed against a teacher prohibition order, with the court upholding hearsay-based findings, dishonesty, and a two-year review period.

• Teacher misconduct
• Prohibition order
• Procedural fairness
• Hearsay evidence
• Dishonesty
• Proportionality

Read case analysis

Crane Bank Limited & Ors v DFCU Bank Limited & Ors

The court found that, where the parties had agreed to provide the requested customer files and related documents, no finding of breach was necessary. However, the selection of additional files must be objective and representative, not unilaterally determined by dfcu. The court ordered staged disclosure of the 40 requested customer files and 20 additional files, with deadlines and a process for resolving disputes. The court declined to order further witness statements or disclosure where the Claimants had not shown a possible failure to comply or where the information sought was already provid…

Source excerpt

• Disclosure
• Extended disclosure
• Document production
• Proportionality
• Case management

Read case analysis

JU v The Secretary of State for The Home Department

The tribunal dismissed JU’s Article 8 appeal, finding he had not proved 20 years’ continuous residence and had not shown very significant obstacles to return to Bangladesh.

• Article 8 echr
• Long residence
• Continuous residence
• Private life
• Proportionality
• Immigration rules paragraph 276ade

Read case analysis

R v Simon Dalziel Garnett

SHPO terms restricting internet use and social media were not necessary or proportionate as the offending did not involve sharing images online; only restrictions on possession and storage of digital images were justified.

Source excerpt

• Sexual harm prevention orders
• Voyeurism
• Sentencing
• Proportionality
• Necessity

Read case analysis

Grzegorz Gorczyka v Regional Court of Krosno, Poland

The appellant was and remains a fugitive from Polish justice, having knowingly placed himself beyond the reach of the Polish criminal process. The delay in certification, while protracted and unexplained by the NCA, is substantially attributable to the appellant's own conduct. The impact of the electronically monitored curfew is a modest infringement of Article 8 rights and does not attain decisive weight. The interference with private and family life is not exceptionally severe and is outweighed by the strong public interest in extradition, including comity, deterrence, and the rule of law.…

Source excerpt

• Extradition act 2003
• European convention on human rights article 8
• Fugitivity
• Delay
• Curfew
• Proportionality

Read case analysis