Employment Disability. The Employment Appeal Tribunal, in dismissing both the employee's appeal against the employment tribunal's decision to dismiss his claims for disability discrimination and unfair dismissal as well as the employer's cross-appeal that it had constructive knowledge of his disability, held that there had been no error of fact or law in the tribunal's decision to warrant interference.
Damages Measure of damages. The Court of Appeal, Civil Division, permitted the admission of fresh evidence in an appeal concerning the recoverability of car hire charges recoverable after the innocent victim in a road traffic accident had hired a car on credit terms while their own car was unavailable. Based on the new evidence, the decisions of the judges below were set aside to the extent that they related to issues of quantum as the evidence upon which the judges had based their decisions had been unsafe and unsatisfactory.
Town and country planning Permission for development. A planning authority appealed against the decision of an inspector for the Secretary of State, who found that planning permission authorised 'use as a residential caravan site' was not restricted to use by travelling showpeople. The Administrative Court, in allowing the authority's appeal, found that the grant of permission was to use the land as a travelling showpeople's site, without any further attempt to limit that use.
Employment Discrimination. The Employment Appeal Tribunal (the EAT) dismissed the appeal of an employee who had sought to use covertly made recordings of interactions between herself and colleagues and managers, in support of her claims.
Family proceedings Orders in family proceedings. The Family Division granted the applicants leave to make applications for contact orders pursuant to s8 of the . The applicants had acted as sperm donors for friends who were in a civil partnership. The first applicant was refused leave to apply for a residence order.
European Union Freedom of movement. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of arts 23 and 39 of Council Directive (EC) (on minimum standards on procedures in Member States for granting and withdrawing refugee status). The request had been made in separate sets of proceedings between two Nigerian nationals, and the Irish Refugee Applications Commissioner, the Irish Refugee Appeals Tribunal, the Irish Minister for Justice, Equality and Law Reform (the Minister), Ireland and the Attorney General concerning the dismissal by the Minister, in the context of a prioritised procedure, of their applications for refugee status.
Employment tribunal Procedure. The Employment Appeal Tribunal (EAT) dismissed the appeal by the employee against the striking out of his claims for unfair dismissal and race discrimination by the employment tribunal. The EAT decided that in view of the employee's unreasonable conduct of the proceedings, there had been no error of approach by the tribunal.
Race relations Discrimination. The Court of Appeal, Civil Division, held that the Employment Appeal Tribunal had been correct to find that there had been no error of law in the employment tribunal's remedies decision awarding compensation against the defendant authority, a potential employer, in excess of the amount of compensation that it had awarded to the claimant as against an employee who had been the main discriminator against the claimant.
Town and Country planning Planning permission. The defendant local authority granted the interested party retrospective planning permission in respect of part of a former colliery. The claimant neighbouring landowner applied for judicial review of the grant of planning permission. The Administrative Court deleted condition 3(ii) attached to the planning permission but otherwise dismissed the application.
Town and country planning Permission for development. The Administrative Court, in allowing the claimant's application, pursuant to s288 of the for an order quashing the decision of an inspector for the Welsh Ministers to grant planning permission to the second interested party for a wind farm in Wales, held that the inspector had had no jurisdiction to determine the appeal and ought not to have purported to decide whether the application had been an Environmental Impact Assessment application, but ought rather to have referred that question on to the Welsh Ministers for determination. Accordingly, the inspector's decision would be quashed.