Torfaen County Borough Council v Douglas Willis Limited

Food and drugs Food safety. The Divisional Court answered questions referred to it in an appeal by way of case stated in relation to reg 44 of the Food Labelling Regulations 1996, SI No 1499-96.

*R (on the application of Hurley and another) v Secretary of State for Business, Innovation and Skills

University Fees. In considering the Higher Education (Basic Amount) Regulations 2010, and the Higher Education (Higher Amount) Regulations 2010, , the Administrative Court, in dismissing the claimants' application for judicial review of the Secretary of State's decision to allow universities to increase tuition fees to a maximum of 9,000 pa, held that the relevant regulations had not breached art 2 to the First Protocol or art14 of the European Convention on Human Rights and although the Secretary of State had failed fully to carry out his public sector equality duties before implementing the regulations, a quashing order would not be appropriate.

Siveter v Wandsworth Borough of London

Negligence Duty to take care. The Court of Appeal, Civil Division, in allowing the claimant's appeal against a dismissal of her action against the defendant local authority in respect of an infestation of poultry mites in her council flat, held that the judge at first instance had erred in reaching the conclusions that he had in the face of the unanimous and uncontested expert evidence that had been before him.

*Basey (by his litigation friend) v Oxford City Council

Social security Housing benefit. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that the accommodation in which he lived was sheltered accommodation for the purposes of the Housing Benefit Regulations 2006, SI2006-213, and that he was, therefore, entitled to have his share of the costs of fuel for, and cleaning of, the rooms of common use in his accommodation included in his eligible rent for the purpose of calculating his housing benefit.

*Hall and another v Bull and another

Sex discrimination Discrimination. The Court of Appeal, Civil Division, in dismissing the defendant hoteliers' appeal against the judge's decision that their policy of refusing to let double-bedded rooms to unmarried heterosexual couples or homosexual couples was directly discriminatory against homosexuals, held that the finding of direct discrimination was utterly sound, and that the defendants' rights to manifest their religion was limited by the claimants' right to freedom from discrimination on grounds of their sexual orientation.

R (on the application of Altunkaynak) v Northamptonshire Magistrates' Court

Town and country planning Enforcement Notice. The Divisional Court held that despite a defect in the enforcement notice issued by the local planning authority, the justices had been entitled to find that the claimant did not have a reasonable reason for omitting to exercise his right under of the Town and Country Planning Act 1990 to appeal against the enforcement notices and to reject the claimant's submission that the prosecution for breach of the enforcement notice was an abuse of the process of the court.

Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council

Social security Housing benefit. The Court of Appeal, Civil Division, in allowing the defendant local authority's appeal against the decision of the Upper Tribunal (Administrative Appeals Chamber) that the claimant landlord company had an independent right of appeal against its decisions on matters relating to housing benefits, held that no such right of appeal could be read into the relevant legislation and Regulations.

*K v A Local Authority and others

Mental health Persons who lack capacity. The Court of Appeal, Civil Division, in dismissing an appeal against an order that an incapacitated adult live in supported accommodation for a trial period, held that the correct approach of the judge in cases under the was to ascertain the best interests of the incapacitated adult on the application of the checklist contained in s4 of that Act. The judge should then ask whether the resulting conclusion amounted to a violation of rights under art 8 of the Convention and whether that violation was nonetheless necessary and proportionate.

Burke v College of Law and another

Employment Disability. The Court of Appeal, Civil Division, in dismissing the claimant student's appeal, held that the first defendant college had, in the circumstances, made reasonable adjustments to the examination process in order to accommodate the claimant's disability.

Hertfordshire County Council v Secretary of State for Communities and Local Goverment and another company

Town and country planning Enforcement Notice. The Administrative Court, in dismissing the local authority's appeal under s289 of the held that the inspector appointed by the first respondent Secretary of State had not erred in her approach when she decided to quash two enforcement notices issued by the authority against the second respondent.