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Paul Stagg
Cases
R (McGrath) v Secretary of State for Work & Pensions
[2012] EWHC 1042 (Admin)
Summary:
The court was bound to find that the recovery of overpaid benefit by way of deductions from a claimant's current benefits did not engage her right to the peaceful enjoyment of her possessions under the European Convention on Human Rights 1950 Protocol 1 art.1. In any event, although in the instant case there had been many years during which the Secretary of State for Work and Pensions had not sought to recover the overpayment, he had not been negligent and the delay was not disproportionate.
Ryan v Shropshire County Council
QBD (Birmingham) 11/01/2012
Summary:
The claimants' claim for misfeasance in public office against the defendant local authority, which arose from inspections to their shooting range, was not made out.
Secretary of State for Work & Pensions v Payne
[2011] UKSC 60
Summary:
The recovery of social-fund loans and benefit overpayments by deduction from benefits was a "remedy in respect of the debt" within the meaning of the Insolvency Act 1986 s.251G(2), so that the secretary of state was precluded from making such deductions during the one-year "moratorium" period after the making of a debt relief order.
Hufton v Somerset County Council
[2011] EWCA Civ 789
Summary:
A school which operated a policy of preventing pupils from entering the premises directly into the school hall on rainy days by erecting wet weather signs as soon as it started raining was not expected to have a system in place for observing and removing water deposited in the hall during the brief period of time between it starting to rain and the production of the wet weather signs. Accordingly, it was not liable to a pupil who slipped and fell in the hall during that period.
OOO & Others v Commissioner of Police of the Metropolis
[2011] EWHC 1246 (QB)
Summary:
HUMAN RIGHTS - POLICE
DUTY TO UNDERTAKE EFFECTIVE INVESTIGATION : FORCED LABOUR : INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT : POLICE POWERS AND DUTIES : SLAVERY : art.3 EUROPEAN CONVENTION ON HUMAN RIGHTS : art.4 EUROPEAN CONVENTION ON HUMAN RIGHTS : s.8 HUMAN RIGHTS ACT 1998 : art.2 EUROPEAN CONVENTION ON HUMAN RIGHTS
Amberley (UK) Ltd v West Sussex County Council
[2011] EWCA Civ 11
Summary:
A contract term allowing a care home to review the fees payable by residents was insufficiently clear to allow it to increase the fees unilaterally.
SOCIAL WELFARE - CONTRACTS - LOCAL GOVERNMENT
R (Cooper) v Secretary of State for Work and Pensions
[2010] EWHC 2162 (Admin)
Summary:
Claimant alleged that continuing deductions from her benefit after she obtained a debt relief order were unlawful. Test case on effect of DROs on Secretary of State’s right to recover overpayments.
Murdoch v Department for Work & Pensions
[2010] EWHC 1988 (QB)
Summary:
Claimant sought to sue for negligence in the administration of his social security benefits, causing him financial loss. First case at High Court level to raise allegations of negligent administration by benefits authorities.
Mason v Richard Freeman & Co
[2010] EWCA Civ 287
Summary:
A judge had been right to dismiss a claim for damages for professional negligence against a firm of solicitors where the alleged duties had not been owed to their client in connection with their conduct of a conveyancing matter.
Peters v Dr P Halstead and East Midland Health Authority
[2009] EWCA Civ 145
Summary:
The Court held that there was no duty to mitigate in the circumstances where an individual elected for damages to pay for a care home even if it was the same care home that was provided free by the local authority pursuant to its statutory duty. The preference for private funding expressed by a claimant's deputy was not as a matter of law capable of challenge. However the court rejected the council's appeal against the judge's decision that it was not entitled to charge the claimant for providing the care home albeit that she had been awarded damages to pay for such care.
Adorian v Commissioner of Police of the Metropolis
[2009] EWCA Civ 18
Summary:
The requirement of the Criminal Justice Act 2003 s.329(2) that the court's permission had to be obtained to bring proceedings in the circumstances specified by the section was procedural and directory. If proceedings were brought without permission the defect could, if appropriate, be cured on application to the court, which could reflect in costs its view of the conduct of the proceedings.
Ashley & Anor v Chief Constable of Sussex
[2008] UKHL 25
Summary:
Self defence to a civil law claim for tortious assault and battery, in a case where the assailant acted in the mistaken belief that he was in imminent danger of being attached, required such mistaken belief to have been not only honestly but also reasonably held.
Peters v Nottingham Health Authority & Anor
[2008] EWHC 778 (QB)
Summary:
Damages; assessment; cost of care. The case assessed the damages payable to a claimant with congenital rubella syndrome following an admission of liability by an NHS Trust and a GP. Held that as a matter of law the council had no power to take account of any capital sum held by the Court of Protection, any income generated by that capital or any payments of that capital on behalf of the claimant. However, the future provision to the claimant and the council's legal responsibility for providing it were uncertain. Cost of future care awarded on a full life basis.
Secretary of State for Work and Pensions v Balding
EWCA Civ 1327 (CA)
Summary: A liability to repay overpayments of benefit was a bankruptcy debt that was released on discharge from bankruptcy. Appeal dismissed.
R (Balding) v Secretary of State for Work and Pensions
[2007] EWHC 759; LTL 12/4/2007
Summary:
It was unlawful for the Secretary of State for Work and Pensions to continue recovering overpayments of benefit from ongoing entitlement to benefit, after a claimant had been made bankrupt and then subsequently discharged from bankruptcy. The Secretary of State was given permission to appeal to the Court of Appeal.
Ashley & Anor v Chief Constable of Sussex
LTL 27/7/2006; [2006] EWCA Civ 1085;Times, August 30, 2006
Summary: The Court of Appeal held that a defendant could rely on self-defence to a claim for damages for assault and battery if he showed that he mistakenly but reasonably and honestly thought that it was necessary to defend himself against attach or an imminent risk of attach, and that the force he used was reasonable.
French & Ors v Chief Constable of Sussex
LTL 28/3/2006; [2006] EWCA Civ 312; Times, April 5, 2006
Summary: The Court of Appeal held that claims by police officers for psychiatric injuries allegedly suffered as a result of a fatal shooting, which they had not witnessed, and which had led to criminal and disciplinary proceedings against them that had led to stress and the injuries complained of, were struck out on the basis that they were bound to fail on grounds of causation and remoteness.
R (Steele) v Birmingham City Council
[2006] ICR 869; LTL 16/12/2005; [2006] 1 WLR 2380; [2007] 1 All ER 73; [2006] 1CR 869; [2005] EWCA Civ 1824; Times, April 26, 2006
Summary: Social security; insolvency; recovery of overpayment after discharge from bankruptcy.
Secretary of State for Work and Pensions v W
The Times, 10.6.05; [2005] EWCA Civ 570; LTL 18/5/2005
Summary: Social security; income support; housing costs; abandonment by partner.
Governing Body of PPC v DC
[2005] EWHC 1036 (Admin) ; LTL 12/5/2005
Summary: The requirement in the Disability Discrimination Act 1995 328c that disabled pupils not be substantially disadvantaged was capable of appling to exclusions from school.
Shaw v Redbridge LBC
[2005] ELR 320; [2005] EWHC 150; LTL 22/2/2005
Summary: Education; negligence; duty of care.
Campbell v South Northamptonshire District Council & Anor
[2004] 3 All ER 387; LTL 7/4/2004; [2004] EWCA Civ 409; Times, April 23 2004; Independent, April 22, 2004
Summary: Social security; housing benefit; commerciality of tenancy; human rights.
Adan v Hounslow LBC
[2004] RVR 140
Summary: Social security; housing benefit; recovery of overpayment; offsets.
Rowe v Kingston-upon-Hull CC
LTL 25/7/03, CA; [2003] EWCA Civ 1281
Summary: Case concerned a claim against an Education Authority and the issue of “date of knowledge of injury” under the Limitation Act 1980.
Rowe v Kingston-upon-Hull CC
[2003] EWHC 674; LTL 26/3/2003
Summary: Education; negligence; limitation
R (Comninos) v Bedford BC
[2003] BLGR 271; LTL 24/1/2003; [2003] EWVH 121
Summary: Local government; powers; funding of litigation; auditor; delay.
R (M-P) v Barking and Dagenham LBC
[2003] ELR 144; [2003] EWCH 2483
Summary: Education; removal from school roll; admissions; human rights.
R (Naghshbandi) v Camden LBC & Ors
[2003] HLR 21; LTL 19/7/2002; [2002] EWCA Civ 1038
Summary: Social security; housing benefit; joint liabilities; calculation of entitlement.
Flemming v Sec of State for Work and Pensions
[2002] 1 WLR 2322; LTL 10/5/2002; [2002] EWCA Civ 641; [2002] ELR 477; Independent, May 16, 2002
Summary: Invalid care allowance; students; entitlement.
Godwin v Rossendale BC
[2003] HLR 9; LTL 3/5/2002; Times, May 24, 2002
Summary: Social security; housing benefit; overpayments; recovery by civil action.
Douce v Staffordshire CC
[2002] 5 CCLR 347; LTL 19/4/2002; LSG 30/5/2002; [2002] EWCA Civ 506; Times, May 2, 2002
Summary: Negligence; duty of care; social services; inspection functions.
R (Murphy) v Sec of State for Social Security
[2002] HLR 447; LTL 4/5/2001; [2001] EWHC Admin 308
Summary: Social security; housing benefit; human rights; liability for rent; discrimination.
R v Barking and Dagenham LBC ex p. Lloyd
[2001] BLGR 86; LTL 11/4/2001; [2001] FLR 763; [2001] LGR 421; [2001] EWCA Civ 533; Times, June 11, 2001
Summary: Social services; residential accommodation; 'home for life' promise; assessments and care plans.
R v Tower Hamlets LBC HBRB ex p. Kapur
The Times 28.06.00; LTL 31/1/2001/; Times, June 28, 2000
Summary: Social security; housing benefit; capitall use of guidance in interpretation of legislation.
R v Thanet DC ex p. Warren Court Hotels Ltd
[2000] 33 HLR 339; LTL 26/10/2000
Summary: Social security; housing benefit; overpayments; notifications; validity.
Wroe v Exmos Cover Ltd
[2000] 1 EGLR 66; [2003] 15 EG 155; [2000] EG 22(CS); LTL 8/2/2000; Times, March 14, 2000;
Summary: Landlord & tenant; business tenancies; lease or licence; estoppel and waiver.
R v Richmond upon Thames LBC HBRB ex p. T
[2000] 33 HLR 15
Summary: Social security; housing benefit; liability for rent.
R v Westminster CC HBRB ex p. Sier
[1999] 32 HLR 655; LTL 16/7/99
Summary: Social security; housing benefit; contrived tenancy.
Owen v Chief Adjudication Officer
Independent, 13 May 1999
Summary: Social security; income support; effect of income; public law; legislation; validity.
Summary: