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In re F (Minors) (Adoption: Natural parents): CA 17 Oct 2006

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

In re B (a Minor) (Adoption: Natural parent): HL 17 Dec 2001

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

In Re A (A Minor) (Adoption: Contact Order): CA 24 Jun 1993

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

In Re G (A Minor) (Adoption Freeing Order): HL 24 Apr 1997

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

In Re X (A Minor) (Adoption Details: Disclosure): CA 11 Apr 1994

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

In Re F (Minors) (Adoption: Freeing Order): CA 4 Jul 2000

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

In Re B (A Minor)(Adoption Order: Nationality): CA 16 Mar 1998

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

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

In Re N (A Minor) (Adoption: Foreign Guardianship): FD 27 Jun 2000

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

In Re P (Minors) (Adoption: Freeing Orders): FD 25 Jul 1994

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

In Re J (A Minor) (Adoption: Freeing Order): FD 26 May 2000

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

In Re J (Minor) (Isle of Man: Adoption): FD 7 Jun 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

In Re H (A Child) (Adoption Disclosure): In Re G (A Child) (Adoption Disclosure): FD 8 Jan 2001

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

In Re C (A Minor) (Adoption – Freeing Order): FD 26 Oct 1998

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

In Re C (A Minor) (Adoption Legality): FD 2 Jun 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

Handyside v The United Kingdom: ECHR 7 Dec 1976

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

Re H (Adoption: Disclosure of Information ): 1995

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

Acts

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

Gunn-Russo v Nugent Care Society and Secretary of State for Health: Admn 20 Jul 2001

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

Biddulph v Birmingham City Council, Biddulph B (Children) Mr and Mrs A: CA 28 Apr 2004

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

Re P (Minors): CA 8 Aug 1994

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

Re W: FD 10 Oct 1994

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

Regina v Registrar General, ex parte Smith: CA 1991

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

Hand and Another v George: ChD 17 Mar 2017

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

In re X and Y (Foreign Surrogacy): FD 9 Dec 2008

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

Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001

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

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

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

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

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

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

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

Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 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

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

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

Marckx v Belgium: ECHR 13 Jun 1979

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

Ferdinand v MGN Limited: QBD 29 Sep 2011

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

Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006

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

Hurst and Another v Hampshire County Council: CA 19 Jun 1997

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

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

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

Polkey v A E Dayton Services Limited: HL 19 Nov 1987

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

S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004

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

Bolam v Friern Hospital Management Committee: QBD 1957

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

G v G (Minors: Custody Appeal): HL 25 Apr 1985

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

Page v Smith: HL 12 May 1995

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

Brewster, Re Application for Judicial Review (Northern Ireland): SC 8 Feb 2017

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

Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018

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

Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

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