The father was a very wealthy Iranian, and the mother also had capital. She sought an assessment under the 1991 Act of the amount he should be asked to pay. The assessment came to andpound;152 per week, but he was paying andpound;1,200 a month voluntarily. An order under the 1989 Act could not be made … Continue reading P (Child), Re (Child: Financial Provision): CA 24 Jun 2003
Judges: Mummery LJ, Wilson LJ Citations: [2006] EWCA Civ 1574 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 23 November 2022; Ref: scu.246366
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
Citations: [2010] EWCA Civ 333, [2010] 2 FCR 526, [2010] Fam Law 696, [2010] 2 FLR 622 Links: Bailii Statutes: Child Support Act 1991 1 2 4(2) Jurisdiction: England and Wales Child Support Updated: 26 August 2022; Ref: scu.406676
The mother and father had been married and had a child. They separated, and she claimed income support. The father was assessed to be liable to Child Support, but he was assessed to a nil contribution. He found work and the assessment was increased. When there was a brief reconciliation, he applied for cancellation of … Continue reading SL v Child Maintenance and Enforcement Commission: UTAA 11 Dec 2009
Judges: Underhill J Citations: [2008] EWHC 2306 (Admin), [2009] 1 FLR 332, [2009] Fam Law 12 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 13 August 2022; Ref: scu.278254
Two appeals by way of case stated raising similar points about the powers of a Magistrates’ Court when asked to make a liability order under Section 33 of the Child Support Act 1991 Citations: [2008] EWHC 2193 (Admin), [2008] Fam Law 1086, (2008) 172 JPN 789, (2008) 172 JP 547, [2009] 1 FLR 31 Links: … Continue reading Child Support Agency, Regina (on the Application Of) v L: Admn 16 Jul 2008
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The parties had sought a child maintenance order form the court, but the husband resiled from his agreement. Held: Where the court was unexpectedly blocked in this way, it had a power to make an order for payment by way of a lump sum of the difference to the wife for the benefit of the … Continue reading V v V (Ancillary relief: Power to order child maintenance): FD 6 Jun 2001
In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of andpound;1 million. The judge made no order as to costs after the date … Continue reading Gojkovic v Gojkovic (No 2): CA 1 Apr 1991
The court gave an extensive analysis of the workings of the Child Support Act: (Lady Justice Hale) ‘It is important to bear in mind that the child support scheme is not simply a method for the State to recoup part of its benefit expenditure from the absent parents. It is a replacement both for the … Continue reading Huxley v Child Support Agency: CA 2000
The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003
The father of a child involved in a case before the court was acting in person. He wanted to seek advice from the Citizen’s Advice Bureau or the RCJ Personal Support Unit. Held: The rules needed to be reconsidered so that a litigant in person need not each time apply to the court before disclosing … Continue reading In re G (a Child) (Litigants in Person): CA 28 Jul 2003
The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Held: It was a classic case of nervous shock. He was not a rescuer, and nor had he faced any personal danger, nor been physically injured. The range of people … Continue reading Keen v Tayside Contracts: OHCS 26 Feb 2003
The father appealed a finding of the Child Support tribunal against his assertion that he had day to day care of his child. Held: The Regulations provided that where, as here, one party paid the school fees of a child attending a boarding school, that case had to be treated as a special case. The … Continue reading Alexander Child-Villiers v Secretary of State for Work and Pensions, Linda-Benedicte Barlow: CA 17 Dec 2002
The claimant challenged the validity of the 1991 Act under Human Rights law, particularly Article 1 of Protocol 1 and Article 8. Held: ‘It is quite clear in my judgment that – putting the matter generally – both the statutory scheme and the CSA’s administration of it are Convention compliant.’ Judges: Munby J Citations: [2002] … Continue reading Denson, Regina (on the Application of) v Child Support Agency: Admn 14 Feb 2002
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book. Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is especially so as far as the press is concerned, for news is a perishable commodity and to … Continue reading Observer and Guardian v The United Kingdom: ECHR 26 Nov 1991
ECJ 1. Article 2 of Council Directive 79/7/EEC, on the progressive implementation of the principle of equal treatment for men and women in matters of social security, must be interpreted as meaning that the directive does not apply to a person who has interrupted his or her occupational activity in order to attend to the … Continue reading Johnson v Chief Adjudication Officer: ECJ 11 Jul 1991
ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991
The father appealed a contact order saying that the alteration in contact arrangements would substantially affect his liability to pay child support. Held: It was not yet clear what the father’s liability would be but it would be impractical for the court to try to discern the effect on such liability by a change in … Continue reading In re B (a Child) (Child support: Reduction of contact): CA 23 Nov 2006
A party refusing to agree to a blood sample must be in peril of having adverse inferences drawn against him in any paternity dispute. This applied even where the law provided a presumption of paternity, and the inference was capable of overriding that presumption. Citations: Times 09-Apr-1999, Gazette 28-Apr-1999, Gazette 12-May-1999, [1999] EWHC Admin 262 … Continue reading ‘F’ v Child Support Agency: Admn 25 Mar 1999
The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new environment. Mr Karsten submitted that the President made no finding on this … Continue reading Re S (A Minor) (Abduction): CA 1991
There is no power to use the Child Support Agency to obtain a father’s address. The Children Act is to be used instead. The Secretary of State was not obliged under Child Support legislation to disclose a father’s address. Citations: Times 07-Oct-1994, Gazette 09-Nov-1994 Statutes: Child Support Act 1991 50(6) Jurisdiction: England and Wales Child … Continue reading In Re C (A Minor) (Child Support Agency: Disclosure): FD 7 Oct 1994
In heavily contested contact proceedings, the father had surreptitiously videoed an episode of contact, and his solicitors had sought an opinion from a psychologist, and provided anonymised information in support of the father’s application. Held: The court must always be asked for permission to obtain expert reports, and the court should direct what assistance it … Continue reading In Re A (Children) (Contact: Expert Evidence): FD 27 Feb 2001
A putative father has no appeal against incorrect finding of paternity. His only remedy is to apply to the High Court under Ord. 15 r 16 for a declaration of paternity. Similarly there was no right for a father to request a declaration of paternity. Gazette 07-May-1998 Child Support Act 1991 27 England and Wales … Continue reading T v Child Support Agency: QBD 7 May 1998
[2008] UKSSCSC CCS – 2621 – 2006 Bailii Child Support Act 1991 England and Wales Child Support Updated: 26 November 2021; Ref: scu.267784
The agency challenged the inclusion in an individual voluntary arrangement of the father’s arrears of child support. The creditors meeting had approved a full and final settlement. 94% of the debts were arrears of child support. The Commission said that such arrears were not subject to the arrangement, and the arrangement was unfair to it. … Continue reading Child Maintenance and Enforcement Commission v Beesley and Another: ChD 11 Mar 2010
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising any risk of injury, but was convicted of inflicting grievous … Continue reading Regina v Savage; Director of Public Prosecutions v Parmenter: HL 7 Nov 1991
Non-resident parents in each case appealed against suspended orders of imprisonment for non-payment of child support. They argued that the procedures used were indistinguishable from those held to be human rights non-compliant in Mubarak. Held: The Commission had not taken all alternative enforcement steps first as required by the Act, and accordingly it was ot … Continue reading Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian: CA 30 Oct 2012
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not defended a claim of negligence in their management of safety at the match at Hillsborough … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991
Magistrates were wrong to think they had a discretion to look at the validity of a liability assessment under child support legislation. The Act gave the payer alternative avenues of appeal, and therefore the Act should be read as it stated and the magistrates had no such jurisdiction. ‘section 33(4) precludes the justices from investigating … Continue reading Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006
The mother and father were orthodox Jews. The mother brought the children to England from Israel against the father’s wishes. She said that he had acquiesced in their staying here by asking for them to be returned to Israel temporarily. The father responded that he had acted only to follow the edicts of the Beth … Continue reading Re H, H v H (Child Abduction: Acquiescence): HL 10 Apr 1997
The defendant faced specimen counts of rape and incest against each of his two daughters. The trial judge refused an application for separate trials in respect of the offences alleged against each daughter. The defendant was convicted. Held: His appeal was allowed. The judge had erred in refusing separate trials. Lord Lane CJ said that … Continue reading Director of Public Prosecutions v P: HL 1991
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Child support – Other – Whether, when Secretary of State implements a decision of the First – tier Tribunal by following directions given by that Tribunal, the implementing decision is made under section 11 of the Child Support Act 1991, or under . .
The Secretary of State was not entitled to a Mareva injunction preventing the disposal of assets against a parent pending the issue of a child support assessment. The court refused a freezing order:- (Morritt LJ) ‘The Child Support Act introduced a wholly new framework for the assessment and collection of the sums required for the … Continue reading Department of Social Security v Butler: CA 11 Aug 1995
Citations: [1998] EWCA Civ 1821, [1999] 3 FCR 574, [1999] 1 FLR 1233, [1999] Fam Law 297 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 27 November 2022; Ref: scu.145300
The claimant sought judicial review of a decision of the Child Support Commissioner. Citations: [2007] EWHC 559 (Admin) Links: Bailii Statutes: Child Support Act 1991 24, Child Support Commissioners (Procedure) Regulations 1999 10(1) Jurisdiction: England and Wales Child Support Updated: 22 November 2022; Ref: scu.250592
The court considered the reduction of state benefits payable to a mother asking the Child Support Agencey not to pursue a claim against the father where there has been a history of domestic violence. The mother said she was frightened of retribution from the father. The tribunal had found her fears exaggerated, but the Commissioner … Continue reading Secretary of State for Work and Pensions v Roach: CA 20 Dec 2006
The applicant sought the committal of the respondent for contempt. The defendant, a solicitor had acted for the claimant’s wife in ancillary relief proceedings. He complained that documents sent to her under implied undertakings of confidentiality within those proceedings had been sent to the Child Support Agency. The defendant admitted the act, saying that it … Continue reading Davies v Welch: Admn 4 Nov 2010
Judges: Wall J Citations: [2003] EWHC 1021 (Admin) Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Citing: Cited – Kaplan v United Kingdom ECHR 14-Dec-1978 (Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the … Continue reading K, Regina (on the application of) v Secretary of State for Work and Pensions: Admn 16 May 2003
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
Challenge as to date of notification of Child Support calculation Citations: [2010] UKUT 113 (AAC) Links: Bailii Statutes: Child Support Act 1991 28J Child Support Updated: 19 August 2022; Ref: scu.417505
The claimant father challenged enforcement by the Child Support Agency and the Commission of arrears they claimed of andpound;7,000 child support. He said they had failed to account for sums paid in cash by him direct to the mother. The sole claim now was as to the failure by the respondents when sending bailiffs to … Continue reading Brookes v Secretary of State for Work and Pensions and Another: CA 29 Apr 2010
Renewed application for permission to apply for judicial review. Judges: King J Citations: [2009] EWHC 3610 (Admin) Links: Bailii Statutes: Child Support Act 1991 33 Child Support Updated: 05 August 2022; Ref: scu.377830
Judges: Sullivan J Citations: [2006] EWHC 1484 (Admin) Links: Bailii Statutes: Child Support Act 1991 33 Child Support Updated: 04 August 2022; Ref: scu.376239
Citations: [2009] EWCA Civ 113 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 23 July 2022; Ref: scu.311762
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to … Continue reading Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003
Judges: May LJ, Dyson Lj, Sir Peter Gibson Citations: [2008] EWCA Civ 210 Links: Bailii Statutes: Child Support Act 1991, Child Support (Maintenance Assessment Procedure) Regulations 1992 Jurisdiction: England and Wales Child Support Updated: 14 July 2022; Ref: scu.266369
Judges: Cranston J Citations: [2008] EWHC 3222 (QB), [2009] 1 FLR 853, [2009] Fam Law 190, [2009] 2 FCR 350 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 13 July 2022; Ref: scu.408688
Citations: [2006] UKSSCSC CCS – 1876 – 2006 Links: Bailii Statutes: Child Support Act 1991 24(2) 24(3)(d) Child Support Updated: 10 July 2022; Ref: scu.249713
These cases concern the formula assessment of child support maintenance in respect of Ross. In terms of the child support legislation, the appellant is his absent parent and the second respondent is parent with care. Citations: [2006] UKSSCSC CCS – 1077 – 2006 Links: Bailii Statutes: Child Support Act 1991 21 Child Support Updated: 10 … Continue reading (Un-named): SCS 11 Aug 2006
The assessment of an absent parent’s liability under the Act is a mechanical one, achieved by the application of a formula. That assessment of liability does not reflect a number of potentially relevant factors, such as the availability to the absent parent of substantial capital. Citations: [1996] 2 FCR 237 Statutes: Child Support Act 1991 … Continue reading Phillips v Peace: 1996
The Respondent had sought a liability order against the appellant, the non-resident parent in respect of child support maintenance arrears. The appellant had asked the magistrates to consider whether he was liable to pay child support maintenance, but they had declined. Held: The section prevented the magistrates enquiring as to the amount of arrears, but … Continue reading Farley v Secretary of State for Work and Pensions and Another: CA 25 Jan 2005
The Court of Apeal had previously considered an appeal from the grant of a liability order made by magistrates. It had become clear that the order had been made without jurisdiction. Held: The order must be set aside. The court had no jurisdiction to hear an appeal from the High Court hearing an appeal by … Continue reading Farley v Secretary of State for Work and Pensions (No 2): CA 22 Jun 2005
M had challenged the Child Support Regulations saying that they discriminated against her. She was the liable parent, and in a monogomoud lesbian relationship. As such she said that she was treated worse than she would have been since the Regulations did not that her relationship as constituting a family. The Secretary of State appealed … Continue reading Secretary of State for Work and Pensions v M: CA 15 Oct 2004
The father challenged a ruling that in calculating his liability to pay child support he was not entitled first to deduct, as a self-employed person, all the allowances he might claim against income tax by way of capital allowances. Held: The legislation is sloppy, muddled and would lead to unjust and absurd results. Nevertheless the … Continue reading Smith v Smith and Another: CA 19 Oct 2004
The defendant and his wife were separated. The Child Support Agency assessed the contributions he was to make, and eventually pursued him in the magistrates court for arrears. The defendant argued that whilst the Act did prevent the magistrates looking at the amounts set to be payable, it was able to look at the fundamental … Continue reading Farley v Secretary of State for Work and Pensions: Admn 12 Jul 2004
Citations: [2000] UKSSCSC CCS – 4722 – 1998 Links: Bailii Statutes: Child Support Act 1991 Child Support Updated: 11 June 2022; Ref: scu.197484
Maintenance assessment – effective date – whether maintenance enquiry form sent to the absent parent when properly addressed, pre-paid and posted Natural justice – whether the withholding of relevant evidence from an appeal tribunal by a child support officer renders the decision of the tribunal erroneous in law Citations: [1997] UKSSCSC CCS – 12682 – … Continue reading (Un-named) (CSA): SSCS 17 Mar 1997
Citations: [2001] UKSSCSC CCS – 2567 – 1998 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 11 June 2022; Ref: scu.197495
Appeal against liability order Citations: [2004] EWHC 800 (Admin) Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 10 June 2022; Ref: scu.197069
Judges: Goldring J Citations: [2008] EWHC 1585 (Admin) Links: Bailii Statutes: Child Support Pensions and Social Security Act 2000, Child Support Act 1991 Jurisdiction: England and Wales Child Support, Administrative Updated: 22 May 2022; Ref: scu.270847
A court may not make an original order for child maintenance, save by consent. The practice of disguising such an order, as part of spousal maintenance, pending a determination by the Child Support Agency, was only legitimate where there was included a real element of spousal maintenance. Simply calling child maintenance spousal maintenance is not … Continue reading Dorney-Kingdom v Dorney-Kingdom: CA 25 Jul 2000
Clean break principle does not relate to maintenance of children. Citations: Times 09-Dec-1993 Statutes: Child Support Act 1991 Child Support Updated: 19 May 2022; Ref: scu.79679
Child support – 2012 scheme – Child Support Maintenance Calculation Regulations 2012 regulation 70 (variation where non-resident parent on flat rate with gross weekly income) and regulation 73 – drawdowns from non-resident parent’s pension pot to pay legal fees and to meet ancillary relief order – just and equitable requirement – Child Support Act 1991 … Continue reading RR v Secretary of State for Work and Pensions and PR (CSM): UTAA 10 Jan 2022
The House considered whether under the 1992 Regulations a self-employed parent could use for his child support calculation his net earnings as declared to the Revenue, which would allow deduction of capital and other allowances properly claimed against tax. Held: The appeal was allowed, and the decision of the Child Support Commissioner restored (majority). The … Continue reading Smith v Secretary of State for Work and Pensions and Another: HL 12 Jul 2006
An uncontested consent order granting a man parental responsibility was sufficient adjudication that he was indeed the father of the child for the purposes of the Child Support Act despite the absence of any inquiry of fact by the court. Citations: Times 26-Nov-1998 Statutes: Child Support Act 1991 26(2) Jurisdiction: England and Wales Child Support … Continue reading Regina v Secretary of State for Social Security, ex parte West: CA 26 Nov 1998
Citations: [2005] EWHC 3011 (Admin) Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 07 May 2022; Ref: scu.239266
The duty of a parent with care to apply for child support applies if he or she is actually paid benefit, irrespective of any possibility that the benefit claim may fall to be challenged. The requirement is that benefits are actually not just lawfully paid. Citations: Gazette 24-Jun-1998, Times 10-Jun-1998 Statutes: Child Support Act 1991 … Continue reading Secretary of State for Social Security v Harmon; Same v Carter; Same v Cocks: CA 10 Jun 1998
Judges: Mostyn J Citations: [2018] EWFC 35 Links: Bailii Statutes: Child Support Act 1991 Jurisdiction: England and Wales Child Support Updated: 25 April 2022; Ref: scu.620186
Magistrates have no power to question an assessment made by the Child Support Agency when making a deduction order. Citations: Independent 30-Jan-1996, [1996] 2 FLR 241 Statutes: Child Support Act 1991 32(6) Jurisdiction: England and Wales Cited by: Cited – Farley v Child Support Agency and Another; Farley v Secretary of State for Work and … Continue reading Secretary of State for Social Security v Shotton and Others: QBD 30 Jan 1996
The claimants sought damages for alleged negligence of the defendant in the administration of the Child Support system. Held: The defendant in administering the statutory system owed no direct duty of care to those affected: ‘a common law duty of care owed by the Secretary of State to the claimants would be inconsistent with the … Continue reading Rowley and others v Secretary of State for Department of Work and Pensions: CA 19 Jun 2007
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005
The parties had a child when they were married. A maintenance support order was made after they separated. They were briefly reconciled, and the father said that during that period there was no ‘qualifying child’ within the Act, and that therefore the existing order lapsed, and a new one would be required after the separation. … Continue reading Brough v Law: CA 20 Oct 2011
The claimant sought permission to bring judicial review of decisions of the Child Support Agency. He said that his payments should have been reduced for a period when he was in receipt of job seeker’s allowance. A liability order had been made against him, but for a later period. Held: Leave was refused. The admission … Continue reading REW, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jun 2008
The effect of the 1991 Act is that the court has no jurisdiction to grant an injunction to prevent an absent parent from disposing of his assets. A detailed consideration of the 1991 Act shows that it provides a detailed and comprehensive scheme and . .
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012
The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: ‘(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on … Continue reading Wisniewski v Central Manchester Health Authority: CA 1997
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
The defendant appealed his conviction for indecent assaults, denying that any assaults had taken place. He complained that the judge had allowed questioning about his sexual propensities. Held: Propensity to acts is not admissible as evidence supporting charge of doing them. Judges: Rose LJ, Dyson J Timothy Walker J Citations: Times 19-Feb-1997, [1997] EWCA Crim … Continue reading Regina v B (Evidence: Propensity): CACD 27 Jan 1997
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
Application by a local authority for permission to withdraw care proceedings pursuant to FPR 1991 4.5; it is supported by the parents and by W (a party in his own right). The guardian advocates that no order should be made in this case but is less confident in (but does not seek to oppose) withdrawal … Continue reading WSCC v M and Others: FD 30 Jul 2010
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
The mother had brought the child to the UK wrongfully. She had hidden their identity for more than a year. Upon discovering her, the father came to England and began proceedings for the child’s return to the US. Held: Because the child’s identity had been hidden, that period could not be counted as settled existence … Continue reading Cannon v Cannon: CA 19 Oct 2004
