Deprivation of liberty: vulnerable adult
Court held it had not been appropriate for judge to make injunctive-type orders against vulnerable adult.
Food and drugs: food unfit for human consumption
Court refers questions to CJEU in dispute concerning available means of challenging a decision that a slaughtered carcass was unfit for human consumption.
Pensions: annuity transfer
Court held it was not appropriate to exercise discretion on application to sanction a scheme for transfer of annuity policies to a new company.
Contract: package holiday
Court refers appellant’s appeal against respondent tour operator for damages, in circumstances where she had been raped and assaulted by hotel employee, to CJEU.
Disablement benefit: entitlement
Court held that claimant required ’social support’ as he needed someone trained or experienced in assisting people to engage in social situations.
Orders in family proceedings: appeals
Mother’s appeal against findings of fact made against her in care proceedings, made on basis of fresh evidence suggesting her account of events had been plausible, was dismissed.
Regulation of investigatory powers: human rights
Disclosures made by defendants about MI5’s handling procedures did not establish that the Investigatory Powers Act 2016 was incompatible with European Convention on Human Rights.
Orders in family proceedings: disclosure to police
Court ruled appellant parents failed to establish central ground of appeal against care proceedings order based on ‘right to silence’.
Deportation: acquisition of right of permanent residence
Court’s conclusion that Italian national had not acquired right by date of decision to deport him was correct.
Financial remedies in family proceedings: anonymity
Wife’s application for a reporting restrictions order to protect identity of son was appropriate in ‘exceptional case’.
Planning permission: condition restricting use of premises
Court held that planning permission granted in 2014 had to be seen through the eyes of ‘the reasonable reader’.
Asylum seeker: detention of child
Guidance permitting refusal to accept boy’s assertion he was 18 was unlawful.
Misconduct in public office: elements
Divisional Court quashes judge’s decision that there was a proper case to issue a summons against Boris Johnson for three offences of misconduct in public office.
Contract of employment: restrictive covenant
Supreme Court held that words in clause containing restrictive covenants in employee’s contract should be severed and removed.
Judicial review: premature claim
Right to make representations is an appropriate alternative remedy which the taxpayer could and should exhaust before bringing judicial review proceedings.
Reinsurance: scope of indemnity
Appellant reinsurer’s appeal allowed against arbitrator’s decision in indemnity claim case.
Licence to occupy premises: security of tenure
Appeal dismissed against decision that claimant’s agreement with local authority for occupation of licensed property was not an agreement that attracted security of tenure provisions.
Divorce: habitual residence
Petition for German national who currently resides in UK to apply for divorce in England and Wales is dismissed.
Starred digests: 28 February 2019
This week’s law reports include a court ruling in the case of alleged unlawful detention of five claimants pending deportation to Libya.
