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Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

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

Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011

The department appealed against an order requiring it to disclose statistical information about late abortions. The department argued that the numbers involved were such that the individual patients involved mighty be identified, and that therefore the information constituted personal data and was exempt under section 40 of the 2000 Act. The claimant had altered its … Continue reading Department of Health, Regina (on The Application of) v Information Commissioner: Admn 20 Apr 2011

LH, Regina (on The Application of) v Shropshire Council: CA 4 Apr 2014

Appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre. Judges: Longmore, McFarlane, Lewison LJJ Citations: [2014] EWCA Civ 404, [2014] PTSR 1052 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – British Pregnancy Advisory … Continue reading LH, Regina (on The Application of) v Shropshire Council: CA 4 Apr 2014

Baker, Regina (on the Application of) v Devon County Council: CA 21 Dec 1992

The plaintiffs appealed against orders dismissing claims for judicial review. They had challenged the intended closure of residential homes for old people. The plaintiffs said that there had been inadequate consultation, and the Councils argued that review should not be granted where there existed an alternative statutory remedy. Held: In assessing whether or not an … Continue reading Baker, Regina (on the Application of) v Devon County Council: CA 21 Dec 1992

Isle of Anglesey County Council and Another v The Welsh Ministries and others: CA 20 Feb 2009

The claimants, the Commissioners and the County Council, sought declarations to establish their right to build a marina on parts of the foreshore currently used for commercial mussel fishing. Section 40 of the 1868 Act authorised ministers to make orders conferring exclusive rights of several oyster and mussel fishery on ‘grantees’, defined as ‘the persons … Continue reading Isle of Anglesey County Council and Another v The Welsh Ministries and others: CA 20 Feb 2009

In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008

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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

SC, CB and 8 Children, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: SC 9 Jul 2021

The Supreme Court was asked to decide whether the ‘two child limit’, a provision of primary legislation which restricts payment of amounts of subsistence benefit for children to the first two children in a family, is incompatible with the Appellants’ rights under the European Convention on Human Rights. Held:Lord Reed observed that the concept of … Continue reading SC, CB and 8 Children, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: SC 9 Jul 2021

Carson and Others v The United Kingdom: ECHR 16 Mar 2010

(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had earned pensions by working in Britain, but had emigrated to South Africa, Australia or Canada … Continue reading Carson and Others v The United Kingdom: ECHR 16 Mar 2010

Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice. Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive legitimate expectation, saying: ‘Authority shows that where a substantive expectation is to run the promise or practice … Continue reading Bhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor: CA 9 Jul 2008

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003

Court to seek and Apply Parliamentary Intention The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act. Held: The challenge failed. The court was to give effect to the intentions of … Continue reading Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003

British Pregnancy Advisory Service v Secretary of State for Health: Admn 14 Feb 2011

The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical abortions in part self-administered. Held: The request was refused. Parliament had passed the Act aware … Continue reading British Pregnancy Advisory Service v Secretary of State for Health: Admn 14 Feb 2011

British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 5 Jun 2019

Abortion Time Limit statement was correct. The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the pregnancy was usually taken from the date of the … Continue reading British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 5 Jun 2019

Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011

The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011

Attorney-General’s Reference (No 3 of 1994): HL 24 Jul 1997

The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter. Held: The only questions which need to be addressed are (1) whether the act was done intentionally, (2) whether it was unlawful, (3) whether it was also dangerous … Continue reading Attorney-General’s Reference (No 3 of 1994): HL 24 Jul 1997

Boso v Italy: ECHR 5 Sep 2002

The applicant was married. In 1984 his wife, who was pregnant, decided to have an abortion despite his opposition. Her pregnancy was terminated on 10 October 1984.
On 8 November 1984 the applicant brought an action against his wife in the San . .

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