Citations: [2004] EWCA Civ 515 Links: Bailii Statutes: Adoption Act 1976 20 55 56 Jurisdiction: England and Wales Adoption Updated: 10 June 2022; Ref: scu.196082
A contact order which was not strictly necessary should not be made in adoption proceedings. Arrangements for contact should not be ‘imposed’ upon the adoptive parents but should be ‘left to their good sense so that they could be trusted to do what they believe to be in the best interests of their daughter.’ Butler-Sloss … Continue reading In Re T (A Minor) (Contact Order); In Re T (Adoption: Contact): CA 13 Jan 1995
The court considered an adoption in Pakistan which was valid in Pakistan but would not be recognised here. The natural father and the adoptive father were from the same family. The adoptive parents were unable to have a children of their own, and the adoption was a gift – an act of grace. At first … Continue reading Re J (Adoption: Non-Patrial): CA 1998
A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant’s adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to … Continue reading In Re L (a Minor) (Adoption: Disclosure of Information): CA 12 Dec 1996
A revocation notice issued by the adoption agency precludes an application by adoptive parents. Citations: Times 28-Nov-1996 Statutes: Adoption Act 1976 30(1)(b) Jurisdiction: England and Wales Adoption Updated: 03 November 2022; Ref: scu.81801
Adoption allowing child to stay in UK permissible within Judge’s discretion. Citations: Gazette 30-May-1996 Statutes: Adoption Act 1976 6 Jurisdiction: England and Wales Adoption Updated: 31 October 2022; Ref: scu.85790
Test for adoption lays in the statutory considerations not on other cases. Citations: Times 09-May-1996 Statutes: Adoption Act 1976 6 Jurisdiction: England and Wales Adoption Updated: 31 October 2022; Ref: scu.81920
Court to consider child’s welfare to allow application for return of adoptive child. Citations: Independent 21-Jun-1994 Statutes: Adoption Act 1976 30(2) Jurisdiction: England and Wales Adoption Updated: 26 October 2022; Ref: scu.85739
The Court was to consider the needs of a child under s6 before removing him from an adoptive foster home. Citations: Times 28-Jun-1994 Statutes: Adoption Act 1976 6 Part III Jurisdiction: England and Wales Adoption Updated: 26 October 2022; Ref: scu.81771
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
When considering adoption of a child the whole range of benefits flowing from the adoption including the benefits of British nationality were to be allowed for, but adoption could properly be refused where the intention was to benefit an adult. Citations: Times 15-Mar-1999, Gazette 08-Apr-1999, [1999] 2 WLR 714, [1999] UKHL 11, [1999] 2 All … Continue reading In Re B (A Minor) (Adoption Order: Nationality): HL 11 Mar 1999
The porposed adopters appealed an order requiring notice to be given to the natural parents before the final adoption order could be made. Held: The freeing order had been made under the 1976 Act. Accordingly under the transitional provisions there was no requirement to notify the natural parents even though the final adoption order would … Continue reading In re F (Minors) (Adoption: Natural parents): CA 17 Oct 2006
The parents of a child were not married. The mother stated and had maintained her disinterest in the child from birth, and the father had been caring for the child. The local authority looked to find a fostering place with a view to adoption. The father sought to adopt the child by himself, since this … Continue reading In re B (a Minor) (Adoption: Natural parent): HL 17 Dec 2001
A contact order had been properly granted with an order freeing the child for adoption. Butler-Sloss LJ: ‘The effect of an order freeing a child for adoption is to extinguish parental responsibility of those previously endowed with it and thus to bring to an end the relationship between the child and his natural family (see … Continue reading In Re A (A Minor) (Adoption: Contact Order): CA 24 Jun 1993
A freeing order can be revoked, even though a re-assumption of sole parental responsibility by the mother would still not be appropriate. Citations: Times 07-May-1997, Gazette 04-Jun-1997, [1997] 2 FCR 289, [1997] UKHL 16, [1997] AC 613, 1997] 2 All ER 534, [1997] 2 FLR 202, [1997 Fam Law 596 Links: House of Lords, Bailii … Continue reading In Re G (A Minor) (Adoption Freeing Order): HL 24 Apr 1997
After an adoption order had been made, the local authority asked for an order to prevent the details of the adoptive parents being entered on the register. The were concerned that the natural mother would use the register to find the child and cause disruption. Held: The court allowed the authority’s appeal. Though the court … Continue reading In Re X (A Minor) (Adoption Details: Disclosure): CA 11 Apr 1994
A judge had declined to make a freeing order, where it was clear that the children would not be returned to their parents, and the proposed adoption arrangements, which would split the children between two families, was opposed by the father on that ground. The judge felt that a reasonable parent could well oppose arrangements … Continue reading In Re F (Minors) (Adoption: Freeing Order): CA 4 Jul 2000
It was not possible to make an adoption order in favour of an unmarried couple, but adoption could be made to one with residence to other. Citations: Times 10-Aug-1995 Statutes: Adoption Act 1976 14 Jurisdiction: England and Wales Adoption Updated: 10 May 2022; Ref: scu.81686
Any benefit of nationality obtained through an adoption is a side benefit, and is irrelevant to the substantive issues of the propriety of that adoption. An adoption undertaken principally for that purpose was wrong. Citations: Gazette 08-Apr-1998, Times 16-Mar-1998 Statutes: Adoption Act 1976 6 Jurisdiction: England and Wales Children, Adoption Updated: 10 May 2022; Ref: … Continue reading In Re B (A Minor)(Adoption Order: Nationality): CA 16 Mar 1998
Transfer of adoption proceedings to High Court limited to complex cases. Citations: Times 08-Dec-1993 Statutes: Adoption Act 1976 Adoption Updated: 09 April 2022; Ref: scu.84890
Somebody who had been appointed guardian of a child by a foreign court but which order was recognised here, had sufficient standing to be the person entitled to give consent to an adoption or whose consent could be dispensed with. The Act should be read to give a wider construction as to the person able … Continue reading In Re N (A Minor) (Adoption: Foreign Guardianship): FD 27 Jun 2000
A judge should not order continued contact after the making of freeing orders which were made without the consent of the mother. Citations: Times 25-Jul-1994, [1994] 2 FLR 1000 Statutes: Adoption Act 1976 18 Jurisdiction: England and Wales Cited by: Cited – Down Lisburn Health and Social Services Trust and Another v H and Another … Continue reading In Re P (Minors) (Adoption: Freeing Orders): FD 25 Jul 1994
The 1976 Act did not revoke any of the court’s inherent powers. A court could therefore revoke an order freeing a child for adoption under its own powers, and notwithstanding that no application in that behalf had been made by the mother. A change in the proposed care plan made it more appropriate for a … Continue reading In Re J (A Minor) (Adoption: Freeing Order): FD 26 May 2000
Because the Isle of Man is not part of the United Kingdom under the Act, proceedings for an adoption of a child from the Isle of Man were an inter-country adoption, and so had to be commenced in the High Court. There was, however, nothing to prevent the High Court transferring the case to the … Continue reading In Re J (Minor) (Isle of Man: Adoption): FD 7 Jun 2000
There is no necessity that a father without parental rights must be notified of and heard in adoption proceedings. It was a question for each case, and in circumstances where a mother might justifiably refuse to disclose the identity of the natural father, in order to preserve confidentiality, adoption might proceed without the father being … Continue reading In Re H (A Child) (Adoption Disclosure): In Re G (A Child) (Adoption Disclosure): FD 8 Jan 2001
The court can in exceptional circumstances exercise its inherent jurisdiction to revoke a freeing order on the application of the mother even though she had said she had no wish to be involved in the child’s future. A statutory lacuna was creating orphans. Citations: Times 26-Oct-1998, Gazette 25-Nov-1998 Statutes: Adoption Act 1976 18(6) Adoption Updated: … Continue reading In Re C (A Minor) (Adoption – Freeing Order): FD 26 Oct 1998
An adoption was confirmed as being in the best interests of a child, despite illegality of the methods used in adoption from abroad, with social work report incomplete, and criminal offences committed. Citations: Gazette 15-Jul-1998, Times 02-Jun-1998, Gazette 03-Jun-1998 Statutes: Adoption Act 1976 11 57 Adoption Updated: 08 April 2022; Ref: scu.81779
Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976
An application was made by the sister of an adopted child for disclosure of the records held in order to allow her to make contact and to warn her of the fact that she might have an inherited genetic disease. Held: The jurisdiction to grant such an order ‘should be exercised very sparingly and only … Continue reading Re H (Adoption: Disclosure of Information ): 1995
Court may not make interim care order at same time as revoking freeing order. Times 11-Jun-1996 Adoption Act 1976 20 England and Wales Adoption Updated: 21 December 2021; Ref: scu.81898
No interim care order is possible after revocation of adoption freeing order. Gazette 26-Jun-1996 Adoption Act 1976 20 England and Wales Adoption Updated: 21 December 2021; Ref: scu.85783
The appellant was an adult in his thirties. He had been adopted at 3 months by an orthodox Jewish couple, and brought up as a Jew. His father was a Muslim Arab from Kuwait, and his mother was a Roman Catholic. He wished to settle in Israel, but was . .
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The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent … Continue reading A, B v Essex County Council: QBD 18 Dec 2002
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
The applicant had been adopted as a child, and sought disclosure of the adoption records. The 1983 regulations gave a discretion to the Society, which had acted as adoption agency, to disclose information. The internal report to the society failed to analyze the appropriateness of the society’s policy, nor to examine the individual circumstances of … Continue reading Gunn-Russo v Nugent Care Society and Secretary of State for Health: Admn 20 Jul 2001
The children had been subject to an adoption order. They had been placed outside the jurisdiction for adoption. The parents appealed refusal of their application for revocation of the order. Initially places had been found for the four children together, and an urgent request made for permission. The judge had said that since they were … Continue reading Biddulph v Birmingham City Council, Biddulph B (Children) Mr and Mrs A: CA 28 Apr 2004
The court considered the procedure to be followed in applications for disclosure to other family members of information held by the Registrar to allow them to contact the adopted child. Citations: [1997] 2 FLR 240 Statutes: Adoption Act 1976 50 Cited by: Cited – X (Adopted Child: Access To Court File) FC 9-Sep-2014 The applicant’s … Continue reading D v Registrar General: 1997
A freeing order made without the natural mother’s consent, but with continued contact for her was wrong in principle. Citations: Ind Summary 08-Aug-1994 Statutes: Adoption Act 1976 18 Jurisdiction: England and Wales Adoption Updated: 28 April 2022; Ref: scu.85845
An approach to agency by grandmother where the mother is disabled is proper, not a breach of the Act. Citations: Ind Summary 10-Oct-1994 Statutes: Adoption Act 1976 11(1) Jurisdiction: England and Wales Adoption Updated: 09 April 2022; Ref: scu.85900
Only the High Court may confirm an adoption where section 11(1) had been breached, and not the County Court. Ind Summary 17-Oct-1994 Adoption Act 1976 11(1) England and Wales Adoption Updated: 21 December 2021; Ref: scu.85781
The applicant was detained in Broadmoor, having been convicted of murder in 1977 and of manslaughter in 1980. He suffered from serious mental instability and psychosis The second killing was of a fellow prisoner whom he believed to be his adoptive mother. From Broadmoor he applied to the Registrar General for access to his birth … Continue reading Regina v Registrar General, ex parte Smith: CA 1991
Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will. Held: The claim succeeded. The defendants, the other beneficiaries were not entitled to inherit the part of their father’s estate that derived from … Continue reading Hand and Another v George: ChD 17 Mar 2017
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence. Held: The cases on an absence of response to an accusation or … Continue reading Collins and Keep v Regina: CACD 28 Jan 2004
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the name. The defendants said that they came within the ‘own name’ exception. Held: The appeal … Continue reading Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and at the time of the incidents related, led a wilder social life, but … Continue reading Ferdinand v MGN Limited: QBD 29 Sep 2011
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway. Held: Pre-adoption trees vest in the highway authority for all purposes. Stuart-Smith, Morritt L, Sir John Balcombe Times 26-Jun-1997, [1997] EWCA Civ 1901, (1997) 96 LGR 27 Bailii Highways … Continue reading Hurst and Another v Hampshire County Council: CA 19 Jun 1997
Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957
The House asked when a decision, on the facts, of a first instance court is so wrong as to allow it to be overturned on appeal. Held: The epithet ‘wrong’ is to be applied to the substance of the decision made by the lower court. ‘Certainly it would not be useful to inquire whether different … Continue reading G v G (Minors: Custody Appeal): HL 25 Apr 1985
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time to time. Held: (Majority) A claim in contract or tort for damages for psychiatric injury is a claim … Continue reading Page v Smith: HL 12 May 1995
Survivor of unmarried partner entitled to pension The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not done this. Held: Her … Continue reading Brewster, Re Application for Judicial Review (Northern Ireland): SC 8 Feb 2017
Deception as to identity did not undermine consent The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape. Held: Her claim failed. Case law suggested that no prosecution had … Continue reading Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The applicant a differently sexed couple sought to marry under the Civil Partnership Act 2004, but complained that they would lose the benefits of widowed parent’s allowance. Parliament had decided to delay such rules to allow assessment of reaction . .
Tree root damage had occurred following two successive very hot and dry summers in 1975 and 1976, in an area where the subsoil was almost all gravel but where, as it happened, under the plaintiff’s house there were pockets of clay. An issue arose as . .
