Search Results for: Adoption and Children Act 2002 1

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Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995

In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008

The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008

Re A (A Minor), Re TL v Coventry City Council; CC v A, by her Children’s Guardian: CA 21 Dec 2007

The foster mother of a baby promptly indicated a wish to adopt her. Following four months of assessment Coventry informed her that, for reasons which she wished to challenge, her adoption of the baby would be unsuitable. Three days prior to so informing her, Coventry had matched the baby with prospective adopters and had resolved … Continue reading Re A (A Minor), Re TL v Coventry City Council; CC v A, by her Children’s Guardian: CA 21 Dec 2007

Frette v France: ECHR 26 Feb 2002

A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002

A and Another v Essex County Council: CA 17 Dec 2003

The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003

Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007

The court granted an appeal in care proceedings, but examined the relationship between the court and local authorities. There had been a late change in the proposed care plan and an application by grandparents to be made party. Some in the authority, and the guardian, wanted a stranger adoption, but the authority and the family … Continue reading Cheshire County Council and others v DS (Father) and others: CA 15 Mar 2007

Re X (Children): CA 30 May 2002

Foster carers of children wanted to adopt them without the parents knowing their identity, using the confidential serial number approach. The parents had been led to believe that the children had been placed with a different family for adoption and wanted to continue to have contact with the children. The irony was that their preference … Continue reading Re X (Children): CA 30 May 2002

A, B v Essex County Council: QBD 18 Dec 2002

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

Whittington Hospital NHS Trust v XX: SC 1 Apr 2020

A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could damages to fund arrangements using donor eggs be recovered? Third, in either event, could damages to … Continue reading Whittington Hospital NHS Trust v XX: SC 1 Apr 2020

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 X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014

Extension of Time for Parental Order The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the applicants) had separated for a short time. Held: The … Continue reading In re X (A Child) (Surrogacy: Time Limit): FD 3 Oct 2014

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

Barrett v Kirklees Metropolitan Council: Admn 12 Mar 2010

The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 Act at two thirds only of the rate it paid in fostering allowance. Held: The policy was a substantial and insufficiently justified departure from the appropriate guidance, and was unlawful. Judges: Langan QC HHJ Citations: [2010] EWHC … Continue reading Barrett v Kirklees Metropolitan Council: Admn 12 Mar 2010

North Yorkshire County Council v SA and others: CA 1 Jul 2003

The child was taken to hospital with injuries which the doctors concluded were non-accidental. The identity of the abuser was in doubt. Held: The court set out to identify the procedures in cases involving suspected non-accidental injuries where there was insufficient identification of the abuser. There are two parts to the threshold test, the harm … Continue reading North Yorkshire County Council v SA and others: CA 1 Jul 2003

FL v Registrar General: FD 24 May 2010

The claimant sought disclosure of information held by the respondent as to the identities of her pre-adoptive natural parents. Judges: Roderic Wood J Citations: [2010] EWHC 3520 (Fam), [2011] 2 FCR 229, [2011] Fam Law 453, [2011] 2 FLR 630 Links: Bailii Statutes: Adoption and Children Act 2002, Family Proceedings Adoption Rules 2005 105(1)(b) Jurisdiction: … Continue reading FL v Registrar General: FD 24 May 2010

In re L (A Minor) (Commercial Surrogacy): FD 8 Dec 2010

The child had been born in Illinois as a result of a commercial surrogacy arrangement which would have been unlawful here. The parents applied for a parental order under the 2008 Act. Held: The order was made, but in doing so he court had to give retrospective approval to the payments. Hedley J emphasised that … Continue reading In re L (A Minor) (Commercial Surrogacy): FD 8 Dec 2010

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

In re P (A Child), Re; CS and WS v A Local Authority: CA 8 May 2009

The applicants, grandparents, sought leave to appeal against a care order and placement for adoption. The child’s parents would be unable to provide care. The grandmother siffered tinnitus and reduced vision. Held: No error of law had been shown, and leave was refused. Judges: Wall LJ Citations: [2009] EWCA Civ 376 Links: Bailii Statutes: Children … Continue reading In re P (A Child), Re; CS and WS v A Local Authority: CA 8 May 2009

E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be broadcast, and she wished to criticise her care. Held: An injunction was refused. ‘If Pamela has … Continue reading E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

McKennitt and others v Ash and Another: QBD 21 Dec 2005

The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005

In re A (A Child) (Child: Overseas adoption): CA 5 Feb 2009

Parents and the authority agreed that a proposed adoption by an uncle. The uncle lived in America, and could not come to the UK for the ten weeks required under the 2002 Act. Held: The requirement of the Act that the child should have spent ten weeks with the adoptive parents at the home referred … Continue reading In re A (A Child) (Child: Overseas adoption): CA 5 Feb 2009

MJ (Mother) and LB (Father) v Local Authority and others: CA 17 Jul 2008

The parents appealed against an adoption order saying that the authority had made an error in the procedure. The court at first instance had said that the error had been remedied by the effect of the hearing before him. Held: The appeal succeeded. It was vital that adoption authorities comply with the requirements of the … Continue reading MJ (Mother) and LB (Father) v Local Authority and others: CA 17 Jul 2008

NS-H v Kingston Upon Hull City Council and Another: CA 14 May 2008

It will occasionally be proper for the court to grant a parent leave to apply to revoke a placement order under section 24(2)(a) of the 2002 Act 2002 notwithstanding the absence at present of any real prospect that a court would find it to be in the interests of the child to return to live … Continue reading NS-H v Kingston Upon Hull City Council and Another: CA 14 May 2008

B v London Borough of Lewisham and Another: Admn 17 Apr 2008

Judges: Black J Citations: [2008] EWHC 738 (Admin) Links: Bailii Statutes: Special Guardianship Regulations 2005, National Assistance Act 1948 21 24, Adoption and Children Act 2002 Cited by: Cited – Barrett v Kirklees Metropolitan Council Admn 12-Mar-2010 The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 … Continue reading B v London Borough of Lewisham and Another: Admn 17 Apr 2008

In re C (a Child) (Care proceedings: Care plan); Regina (C) v Waltham Forest London Borough Council: Admn 28 Mar 2002

An application was made to put a child in care. The local authority created a care plan involving placing the child for adoption with a Jewish family. The mother wanted to have the child placed with long term foster parents, with some continuing contact. The guardian also had reservations about the scheme, because of the … Continue reading In re C (a Child) (Care proceedings: Care plan); Regina (C) v Waltham Forest London Borough Council: Admn 28 Mar 2002

RAP v Serial No. 52/2006 and Oxfordshire County Council and others; In re P (A Child) (Adoption proceedings): CA 27 Jun 2007

When the court had an application by a parent for leave to defend adoption proceedings after the making of the placement order, the court had to make a two stage decision. First, the court had to identify whether there had been a sufficient change of circumstances, and then to consider what would be indicated by … Continue reading RAP v Serial No. 52/2006 and Oxfordshire County Council and others; In re P (A Child) (Adoption proceedings): CA 27 Jun 2007

Yousef v The Netherlands: ECHR 5 Nov 2002

In ‘judicial decisions where the rights under article 8 of parents and of a child are at stake, the child’s rights must be the paramount consideration.’ Judges: J-P Costa, P Citations: [2003] 1 FLR 210, 33711/96, (2003) 36 EHRR 20, [2002] ECHR 716 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8.1 Jurisdiction: Human … Continue reading Yousef v The Netherlands: ECHR 5 Nov 2002

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

FAS v Secretary of State for The Home Department and Another: CA 5 Oct 2015

The appellant had sought adoption of a young person aged 18 of Pakistani nationality. The court rejected her application, saying it was an attempt to subvert immigration controls. Judges: Briggs, Macur, Sales LJJ Citations: [2015] EWCA Civ 951, [2015] Fam Law 1449, [2015] WLR(D) 396, [2016] 2 FLR 1035, [2016] 1 WLR 407, [2016] 2 … Continue reading FAS v Secretary of State for The Home Department and Another: CA 5 Oct 2015

AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

P, C And S v The United Kingdom: ECHR 16 Jul 2002

The applicants challenged the way in which their newborn children had been removed by the state after birth. S had not had the opportunity of legal representation, after her lawyers had withdrawn. The removal of S’s child was challenged as disproportionate and a breach of the right to family life. Held: Given the importance of … Continue reading P, C And S v The United Kingdom: ECHR 16 Jul 2002

Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999

There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not definitive, as is evidenced by the adverb notamment (in English: ‘any ground such … Continue reading Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999

Malekshad v Howard De Walden Estates Limited: CA 23 May 2001

The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001

Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

The grandparents of E who had obtained a special guardianship order to take care of their grand-daughter, whose parents were addicted to drugs, appealed an order refusing them permission to change her surname to theirs. Held: The decision was not inconsistent with the grant of the order giving them parental responsibility. The court retained its … Continue reading In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

Regina (S) v Haringey London Borough Council: QBD 13 Nov 2003

The applicant sought a writ of habeas corpus in respect of her four children who had been removed by the police, and were residing with the local authority under interim care orders. She said they were held against their wills. Held: The proper forum for such a challenges is the care proceedings, and the administrative … Continue reading Regina (S) v Haringey London Borough Council: QBD 13 Nov 2003

S v McC; W v W: HL 1972

The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter of upbringing in which the child’s interests (which might well be prejudiced by a finding that he … Continue reading S v McC; W v W: HL 1972

Du Toit and Vos v Minister for Welfare and Population Development: 10 Sep 2002

(South African Constitutional Court) Prospective adoptive parents were a same-sex couple who challenged laws preventing them from adopting. The court said: ‘In their current form the impugned provisions exclude from their ambit potential joint adoptive parents who are unmarried, but who are partners in permanent same-sex life partnerships and who would otherwise meet the criteria … Continue reading Du Toit and Vos v Minister for Welfare and Population Development: 10 Sep 2002

In re T (a Child) (Contact: Alienation: Permission to Appeal): CA 24 Oct 2002

After a judgment the parties sought to appeal. Held: The judge had failed to make a finding on a critical issue in the case, namely whether or not the mother of the child concerned had ‘even if prompted only at a subconscious level, nevertheless deliberately engaged in alienation.’ Whilst some circumstances might require an application … Continue reading In re T (a Child) (Contact: Alienation: Permission to Appeal): CA 24 Oct 2002

Re G (A Child): CA 8 Nov 2017

Father’s appeal from the dismissal of his application under section 47(5) of the Adoption and Children Act 2002 for leave to oppose the making of an adoption order in respect of his child. Citations: [2017] EWCA Civ 2638 Links: Bailii Jurisdiction: England and Wales Adoption Updated: 25 April 2022; Ref: scu.620144

DL and Another v London Borough of Newham: Admn 27 May 2011

The Claimants sought judicial review of i) the decision of the Defendant to give them a notice under section 35(2) of the 2002 Act, the effect of which was to require them to return K to the Defendant, and ii) the decision of the Defendant not to return K to their day to day care … Continue reading DL and Another v London Borough of Newham: Admn 27 May 2011

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

Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

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

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

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

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

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

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

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

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

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

Neulinger And Shuruk v Switzerland: ECHR 6 Jul 2010

(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

Ashingdane v The United Kingdom: ECHR 28 May 1985

The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985

In re McKerr (Northern Ireland): HL 11 Mar 2004

The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004

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

Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

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

The Prospective Adopters v The Mother and Another: FD 20 Jan 2021

For a declaration that the Local Authority (LA) is not required by the Court to notify the Romanian Central Authority of these proceedings or to seek their assistance in identifying the birth father and wider family. Mrs Justice Lieven [2021] EWHC 91 (Fam) Bailii Adoption and Children Act 2002 46 England and Wales Adoption Updated: … Continue reading The Prospective Adopters v The Mother and Another: FD 20 Jan 2021

SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

P, C and S v United Kingdom: ECHR 2002

The local authority had obtained the issue of an Emergency Protection Order under the 1989 Act to remove a child at birth. Held: Where the possibility of harm arose from the mother introducing something into the child’s system (such as a laxative) that did not justify separating mother and child. [2002] 2 FLR 631, (2002) … Continue reading P, C and S v United Kingdom: ECHR 2002

Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

In re P (A Child): CA 15 Aug 2014

The court considered the proper approach to a proposed step-parent adoption. The step-father now appealed against refusal of an order. Held: The application succeeded. When the adoption application was considered, the court had to be satisfied that each parent or guardian of the child either consented to the making of the adoption order, or that … Continue reading In re P (A Child): CA 15 Aug 2014

Re IJ (A Child) (Foreign Surrogacy Agreement Parental Order): FD 19 Apr 2011

The court gave reasons for making a parental order under the 2008 Act in favour of the applicants where a child had been born under surrogacy arrangements which were lawful in the Ukraine where he was born, but would have been unlawful here because of payments going beyond reasonable expenses. Held: The order was made … Continue reading Re IJ (A Child) (Foreign Surrogacy Agreement Parental Order): FD 19 Apr 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

FAS v Bradford Metropolitan District Council and Another: FD 13 Mar 2015

Application by FAS to adopt her first cousin once removed, MW. The application sought a convention adoption order, which is misconceived as Pakistan, MW’s homeland, is not a party to the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in respect of Inter-country Adoption. It has therefore been treated as … Continue reading FAS v Bradford Metropolitan District Council and Another: FD 13 Mar 2015