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T v Child Support Agency: QBD 7 May 1998

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

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

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

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

Child Maintenance and Enforcement Commission v Beesley and Another: ChD 11 Mar 2010

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

Regina v Savage; Director of Public Prosecutions v Parmenter: HL 7 Nov 1991

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

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian: CA 30 Oct 2012

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

Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991

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

Farley v Child Support Agency and Another; Farley v Secretary of State for Work and Pensions (No. 2): HL 28 Jun 2006

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

Re H, H v H (Child Abduction: Acquiescence): HL 10 Apr 1997

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

Director of Public Prosecutions v P: HL 1991

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

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

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

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

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

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

REW, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 13 Jun 2008

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

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

Airey v Ireland: ECHR 9 Oct 1979

Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance of the right of access to a court, having regard to the prominent place held … Continue reading Airey v Ireland: ECHR 9 Oct 1979

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 (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

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

Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001

Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

Floyd and Another v Legal Services Commission: QBD 28 Apr 2010

The claimant had succeeded in an action against her legally aided opponent, but then delayed in making her claim for costs against the respondent. The costs judge said that the CPR did not apply, and that he had no discretion to extend the time limit. The claimant said that a costs judge could extend the … Continue reading Floyd and Another v Legal Services Commission: QBD 28 Apr 2010

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Chiragov And Others v Armenia: ECHR 16 Jun 2015

ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015

Sargsyan v Azerbaijan: ECHR 16 Jun 2015

ECHR Article 1 Jurisdiction of states Jurisdiction of Azerbaijan as regards a disputed area near Nagorno-Karabakh on the territory of Azerbaijan Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Impossibility for an Armenian citizen displaced in the context of the Nagorno-Karabakh conflict to gain access to his home … Continue reading Sargsyan v Azerbaijan: ECHR 16 Jun 2015

B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000

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

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004

The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr Rowland had left a box in the safe security system under the appellants control. They variously … Continue reading Al-Fayed and others v Commissioner of Police of the Metropolis and others: CA 25 Nov 2004

In re J (a Minor) (Wardship: Medical treatment): CA 1 Oct 1990

J was born at 27 weeks’, weighing only 1.1kg. He suffered very severe and permanent brain damage at the time of his birth, the brain tissue then lost being irreplaceable. He was epileptic and the medical evidence was that he was likely to develop serious spastic quadriplegia, would be blind and deaf and was unlikely … Continue reading In re J (a Minor) (Wardship: Medical treatment): CA 1 Oct 1990

Cheltenham Borough Council v Laird: QBD 15 Jun 2009

The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009

O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005

The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003