Citations: [2010] ScotSC 130 Links: Bailii Jurisdiction: Scotland Adoption Updated: 04 November 2022; Ref: scu.464149
Citations: [2017] ScotCS CSIH – 14 Links: Bailii Jurisdiction: Scotland Scotland Updated: 06 February 2022; Ref: scu.578180
(Extra Division) The court rejected an argument that sections 84(3) and (4) had a particular core status. It said that subsections (3), (4) and (5) impose separate requirements, all of which have a bearing on whether a permanence order should be made. Lord Bonomy, giving the opinion of the court, stated at para 13: ‘It … Continue reading TW and JW v Aberdeenshire Council: SCS 5 Apr 2012
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
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
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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
(Grand Chamber) The Swiss Court had rejected the claimant mother’s claim, under article 13b of the Hague Convention, that there was a grave risk that returning the child to Israel would lead to physical or psychological harm or otherwise place him in an intolerable situation. Held: To enforce the order would be an unjustifiable interference … Continue reading Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament. Held: The mother’s appeal failed. Section 3 of the 1998 Act imposes a special interpretive duty … Continue reading ANS and Another v ML: SC 11 Jul 2012
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
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Appeal from application for permanence order. EV had been in care from her birth. Her parents, each with long standing learning difficulties opposed the order. Held: The Court allowed the parents’ appeals. The meeting of the threshold test was a question for the judge as a fact for him to find. He was exercising more … Continue reading Re EV (A Child): SC 1 Mar 2017
The Court discussed the tests in section 83 for the granting of authority for adoption. They include a requirement that the court must be satisfied that the child has been, or is likely to be, placed for adoption.Lord Drummond Young stated: ‘Thus section 84 imposes two critical conditions if a permanence order is to be … Continue reading KR v Stirling Council: SCS 24 May 2016
Citations: [2011] ScotSC 12, 2011 GWD 11-247, 2011 Fam LR 80 Links: Bailii Statutes: Adoption and Children (Scotland) Act 2007 Jurisdiction: Scotland Adoption Updated: 11 August 2022; Ref: scu.441366
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
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 court was asked as to the right of an unmarried father to take part in Children’s hearings under the 1995 Act, and depending on the answer whether the scheme was human rights compliant. K was father of the child, but the mother was unmarried. He applied to the Sheriff’s court for a parental responsibility … Continue reading Principal Reporter v K: SC 15 Dec 2010
