Adoptive parents tried to reduce an adoption order. They asserted an essential error induced by innocent misrepresentations made by those acting for the natural mother; it was averred by the pursuers that they had been incorrectly assured that a satisfactory medical report existed in relation to the child. The child had suffered brain injury at … Continue reading J and J v C’s Tutor: 1948
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The statutory tenant was sent to prison but left his mistress and children in the premises and subsequently the mistress and children left the premises. Held: ‘We are of the opinion that a non-occupying tenant prima facie forfeits his status as a statutory tenant. But what is meant by ‘non-occupying’? The term clearly cannot cover … Continue reading Brown v Nash and Ambrose: CA 1948
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
A garage attendant, as an act of personal vengeance, assaulted a customer of the garage. A customer at a petrol station was abused by the attendant as he drove off without paying. The customer then paid. He complained to the police officer he found about the attendant’s conduct and persuaded the officer to return with … Continue reading Warren v Henlys Ltd: 1948
Just as a husband’s common law duty to maintain his wife would normally be discharged by providing the home which they shared, the father’s duty to maintain his children would be discharged by providing them with a home. Judges: Lord Hodson Citations: [1948] 2 All ER 1032 Cited by: Cited – Kehoe, Regina (on the … Continue reading McGowan v McGowan: 1948
A new trustee was to be appointed. The beneficiaries, all of full age and capacity wanted the remaining trustee to appoint someone they nominated. The trustee purported to exercise the discretion given to him in the trust deed and appointed someone else. Held: The court would not interfere in the exercise of a discretion properly … Continue reading In Re Brockbank: 1948
The court considered the role of the appeal court in assessing an order for maintenance payable for a divorced wife. The judge’s decision had been made by an exercise of his discretion. Held: Asquith LJ said: ‘It is, of course, not enough for the wife to establish that this court might, or would, have made … Continue reading Bellenden (formerly Satterthwaite) v Satterthwaite: CA 1948
A charity established by H and W wanted to transfer part of its fund to a new charity headed by W in return for her resignation from the first charity on the breakdown of the marriage. Court approval was sought for a transfer, but the remaining . .
The court considered the propriety of a payment made by a charitable company to a director for her loss of office. The charity was to transfer a substantial sum to a new charity headed by the departing director.
Held: The court approved the . .
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
The local authority took children into care, reassuring the parents that they would be returned. They were not. Held: There was no valid claim for damages for the distress arising from the loss of the company of a child. There was no cause of action in negligence. The authority was working within a statutory framework. … Continue reading F v Wirral Metropolitan Borough Council: CA 1991
A boy was received into the care of the local authority in 1954, when he was 5 weeks old. The local authority entrusted him to foster parents, who signed an agreement that the boy could be removed from them when required by an authorised person. In . .
Four wards of court aged between nine and 14 had given an interview to a newspaper reporter, who plainly knew that they were wards of court, in circumstances which clearly troubled both the Official Solicitor, their guardian ad litem, who immediately applied for injunctions to restrain any repetition. Held: The views about the courts system … Continue reading In re W (Wardship: Discharge: Publicity): CA 1995
The court was concerned to interpret s122(4) of the 1999 Act relating to ‘essential living needs’. Basic support and basic essential needs by reference to non-disabled asylum seekers would be provided by the Secretary of State under the 1999 Act, but that any additional support needed as a result of disabilities would be provided by … Continue reading Regina (on the application of Ouji) v Secretary of State for the Home Department: 2002
A person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs … Continue reading Regina v Royal Borough of Kensington and Chelsea (ex parte Kujtim): CA 31 Mar 1999
The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the … Continue reading Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017
The applicant appealed refusal of a writ of habeas corpus. He was to be removed as an illegal immigrant. He had entered claiming to be registered as a British citizen but under somebody else’s identity. Held: The Secretary of State had had no power or intention to register X or any Y other than an … Continue reading Regina v Secretary of State for the Home Department ex parte Parvaz Akhtar: CA 1981
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here. Held: Her appeal failed. The residence of her late husband was unlawful, there never was a grant of citizenship to him, and therefore did not … Continue reading Bibi and others v Entry Clearance Officer, Dhaka: CA 18 Jul 2007
The applicant appealed refusal of his writ of habeas corpus. He had been arrested pending removal to Pakistan. He said that he had been registered a British Citizen under the 1948 Act. Whilst in Pakistan he had substituted his own photograph for that of his deceased relative, and entered the UK under the assumed name, … Continue reading Regina v Secretary of State for the Home Department ex parte Sultan Mahmood: CA 1978
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003
Citations: [2006] EWHC 1912 (Admin) Links: Bailii Statutes: National Assistance Act 1948 21, National Health Service and Community Care Act 1990, Children Act 1989 Jurisdiction: England and Wales Housing, Benefits, Children, Local Government Updated: 14 November 2022; Ref: scu.244123
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease. Held: The tenant could not be said properly to be in occupation of the tenanted property. When a tenant has sublet, the question of whether … Continue reading Ujima Housing Association v Ansah and Another: CA 17 Oct 1997
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
Judges: Charles J Citations: [2004] EWHC 879 (Admin) Links: Bailii Statutes: National Assistance Act 1948 29 Jurisdiction: England and Wales Cited by: Cited – Spink, Regina (on the Application Of) v Wandsworth Borough Council Admn 20-Oct-2004 Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding … Continue reading Fay, Regina (on the Application of) v Essex County Council: Admn 26 Apr 2004
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
The claimant (aged 6) sought damages after being hurt when other children playing on a building site threw stones from the site, hitting him as he passed by. Held: The case raised questions of law and it was incumbent on the judge to provide detailed findings on the facts. A question of law was arguable, … Continue reading Gabriel v Kirklees Metropolitan Council: CA 24 Mar 2004
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its … Continue reading SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010
Just satisfaction – friendly settlement Judges: Peer Lorenzen, P Citations: 3545/04, [2010] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights 8 Citing: See Also – Brauer v Germany ECHR 28-May-2009 The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had … Continue reading Brauer v Germany: ECHR 28 Jan 2010
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first instance and at the court of appeal. Held: The appeal was allowed.Lord … Continue reading Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016
The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had lived in West Germany dying in 1998. A West German statute of 1969 put illegitimate children on a equality with children of a marriage, but excluded children born before 1 July 1949, … Continue reading Brauer v Germany: ECHR 28 May 2009
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007
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
The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of the National Assistance Act, failed to provide the family with accommodation suited to … Continue reading Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002
The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. In breach of their duty under section 21(1)(a) of the 1948 Act, the respondent council failed for some 20 months to provide the family with accommodation suited to her disability. The consequences were appalling. The … Continue reading Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had relied on reports she had not seen. The authority … Continue reading Lambeth London Borough Council v Ireneschild: CA 16 Mar 2007
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The Chief Constable appealed a finding of false imprisonment of the claimant. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. They purported to exercise the common law power to detain a person where … Continue reading Chief Constable of Cleveland Police v Mark Anthony McGrogan: CA 12 Feb 2002
The claimant had been married with children. Her husband was accused of abuse of the children, and bailed to live away from home, and then convicted and imprisoned. The claimant applied for income support on the basis that she had been abandoned within the regulations. The Secretary of State appealed a finding that she had … Continue reading Secretary of State for Work and Pensions v W: CA 18 May 2005
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
The court considered the duties of local authorities to support infirm asylum seekers with children. Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support Service. Judges: Lord Justice Rix, LCJ, Lord Justice Carnwath Citations: [2004] EWCA Civ 535, Times 27-May-2004, [2004] 2 … Continue reading Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation? Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was adequate to place them immediately in temporary accommodation which would be adequate in the short term, pending … Continue reading Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest: CA 23 Oct 2003
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the modern law to have acquired knowledge of the … Continue reading McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003
The claimant sought damages after being assaulted by a doorman employed by the defendant. Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had happened in the nightclub, and that vicarious liability was therefore established. The owner had … Continue reading Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better accommodation as a person in need of care and attention under s 21(1) of the National Assistance Act 1948. The court decided that in a … Continue reading Wahid v London Borough of Tower Hamlets: CA 7 Mar 2002
The most important factor pointing against disclosure, other than the interests of the child involved is ‘the importance of confidentiality in wardship proceedings and the frankness which it engenders in those who give evidence to the wardship court’.’ Judges: Sir Stephen Brown P Citations: [1994] 1 FLR 346 Jurisdiction: England and Wales Cited by: Cited … Continue reading Re D (Minors) (Wardship: Disclosure): CA 1994
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. Citations: Times 20-Apr-1999, [1999] EWHC Admin 285, (1999) 2 CCLR 340 Links: Bailii Statutes: National Assistance … Continue reading Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
In the absence of section 12 it would be contempt to disclose matter before a children’s court to the General Medical Council. Judges: Cazalet J Citations: [1997] 1 FLR 574 Statutes: Children Act 1989 12 Cited by: Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A … Continue reading A County Council v W and others (Disclosure): FD 1997
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that argument. Held: The basic issues was ‘where land is provided and maintained by … Continue reading Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another: SC 6 Mar 2014
There is a compelling public interest in authorising the disclosure of documents to the General Medical Council if they ‘are or may be relevant to the General Medical Council carrying out its statutory duties to protect the public against possible medical misconduct’. Judges: Cazalet J Citations: [2001] 2 FLR 673 Statutes: Children Act 1989 12 … Continue reading A Health Authority v X (Discovery: Medical Conduct): FD 2001
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The 1938 will of a testator was at issue. He died in 1943. The trusts included a life interest for the testator’s widow and, on her death without issue (which happened in 1971), residue was given to the testator’s three half-siblings ‘or their heirs and surviving issue’. Held: The heirs were to be ascertained in … Continue reading In re Bourke’s Will Trusts: ChD 1980
Cumming-Bruce LJ discussed the difficulty faced by an appeal court: ‘There was not really a right solution: there were two alternative wrong solutions. The problem for the judge was to appreciate the factors pointing in each direction and to decide which of the two was the least dangerous havng regard to the long term interests … Continue reading Clarke-Hunt v Newcombe: CA 1982
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009
Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014
The mere fact that a child is known to be a ward of court is not sufficient to make any publication identifying the child a contempt of court. Judges: Booth J Citations: [1988] 1 All ER 418 Statutes: Contempt of Court Act 1981 12 Jurisdiction: England and Wales Cited by: Cited – Kent County Council … Continue reading Re L (A Minor) (Wardship: Freedom of Publication): FD 1988
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
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009
The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging infringement, and said that under Regulation 91, the court had a duty to grant a stay where the issue was already before another … Continue reading Samsung Electronics (UK) Ltd and Another v Apple Inc: ChD 4 Apr 2012
The applicant first arrived from Mauritius in 1972, and was given limited leave to enter for a few months. He over-stayed until June 1974 when he paid a short visit to France. On return he was given one month’s leave to enter, but again overstayed. In 1978 he married a woman who was settled here … Continue reading Regina v Secretary of State for the Home Department, Ex parte Margueritte: CA 1982
The plaintiff had granted a tenancy of his substantial farm to the first defendant, and made him a partner. The first defendant later bought out the plaintiff who was in turn later reconciled with his only son who had previously had some considerable involvement with the farm. The plaintiff gave a general power to the … Continue reading Goldsworthy v Brickell: CA 1987
The defendants appealed orders requiring them to produce evidence for use in the courts in the US. Held: It was the pleasure and duty of British courts to respond positively to a letter of request. Public interest required that a court should have before it all the evidence it required to fulfil its task. Unless … Continue reading United States of America v Philip Morris Inc and Others and British American Tobacco (Investments) Ltd: CA 23 Mar 2004
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. The risk of fire had been identified, but not properly understood. The judge found that the defendant had … Continue reading Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others: CA 12 Nov 2008
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach. Held: The Act was intended to confer a general social benefit of reducing homelessness, not a right in … Continue reading O’Rourke v Mayor etc of the London Borough of Camden: HL 12 Jun 1997
The parties sought to rectify a deed of family arrangement varying a will. The variation deed had had several mistakes which in fact increased the sum of Inheritance Tax owed. HMRC refused to accept the rectification deed unless approved by the court. Held: The request for rectification was granted. The claimant had demonstrated a specific … Continue reading Ashcroft v Barnsdale and Others: ChD 30 Jul 2010
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother. Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the publisher had no liability in contempt without knowledge. Contempt applied as regards wards of … Continue reading X v Dempster: FD 9 Nov 1998
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
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur. Held: The appeal failed. There is no defence of entrapment in English law. All evidence which is relevant is prima facie admissible in a criminal trial, although the trial judge has a discretion … Continue reading Regina v Sang: HL 25 Jul 1979
P, a former member of the Baader-Meinhof gang absconded while awaiting trial in Germany. She entered the UK using a passport which she had bought in the name of S, and married P under that name. The German authorities discovered her true identity and location, and applied to extradite her. She applied under section 6 … Continue reading Puttick v Attorney General etc: FD 1980
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
Land-owner’s Possible Duty to Trespassers The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser. Held: Whilst a land-owner owes no general duty of care to a trespasser, the creation by … Continue reading British Railways Board v Herrington: HL 16 Feb 1972
The main object of the Society was political viz, the repeal of the Cruelty to Animals Act 1876, and for that reason the Society was not established for charitable purposes only and was not entitled to exemption from tax. An organisation whose aims could be seen as harmful to the public could not be recognised … Continue reading National Anti-Vivisection League v Inland Revenue Commissioners: HL 2 Jul 1947
The parties were the parents of an illegitimate daughter. The child lived with the father at first, but the mother requested the child to be returned to her. The father agreed subject to a letter saying: ‘Mildred, I am prepared to let you have Carol and pay you up to andpound;1 per week allowance for … Continue reading Ward v Byham: CA 16 Jan 1956
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence here had come to be a criminal offence under the 1971 Act. Held: The authorities … Continue reading Mark v Mark: HL 30 Jun 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
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, vested in trustees for his children. After his death, the … Continue reading Foskett v McKeown and Others: HL 18 May 2000
Charitable Company is Trustee of Assets The court was asked as to the distribution of surplus assets of a charitable company which was in winding up, and the question whether or not s 257 et seq. Companies Act 1948 applied, including s 265 which made provision for the distribution of surplus assets to members. Held: … Continue reading Liverpool and District Hospital for Diseases of the Heart v Attorney-General: ChD 1981
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to provide the assistance neceesary to access the commode. The claimant now appealed … Continue reading McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: SC 6 Jul 2011
Beneficiaries’ right to information from estate The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate. Held: The charities were entitled to some but not to all of the documents sought, including accounts of capital and lists of … Continue reading Royal National Lifeboat Institution and Others v Headley and Another: ChD 28 Jul 2016
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
The father sought leave to appeal against care orders made in respect of his three children. The family were Pakistani Pathan muslims. There had been disputes and violence within the extended family. One family member sought protection but was now alleged herself to be responsible for threats and violence. After a fire, the children were … Continue reading AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009
Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003
