Search Results for: Children Act 1989 1 25

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Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007

Judges: Forbes J Citations: [2007] EWHC 514 (Admin) Links: Bailii Statutes: Children (Leaving Care) Act 2000 Jurisdiction: England and Wales Citing: Cited – Regina (Behre and Others) v Hillingdon London Borough Council Admn 29-Aug-2003 Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they … Continue reading Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007

Re MA and Others (Children): CA 31 Jul 2009

Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted. Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside. Citations: [2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 … Continue reading Re MA and Others (Children): CA 31 Jul 2009

S, Regina (on the Application of) v London Borough of Sutton: Admn 18 May 2007

Application for assistance in providing accomodation to allow early release from prison. Citations: [2007] EWHC 1196 (Admin), [2007] 2 FLR 849 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009 The House was asked whether when a child of 16 or … Continue reading S, Regina (on the Application of) v London Borough of Sutton: Admn 18 May 2007

T-T (Minors): CA 13 Nov 1998

The father sought leave to appeal an order refusing him access to his children, and order made under section 91 restricting further applications. The court welfare officer had been strongly against supervised contact because of the father’s inconsistent behaviour. The mother was utterly against and completely opposed to any form of direct contact. A psychiatrist … Continue reading T-T (Minors): CA 13 Nov 1998

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

Regina v Norfolk County Council, ex parte M: QBD 1989

The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released by the police without charge. The local authority … Continue reading Regina v Norfolk County Council, ex parte M: QBD 1989

GO (Nigeria) v Secretary of State for the Home Department: CA 16 May 2007

Renewed application for permission to appeal after refusal of the Asylum and Immigration Tribunal’s decision on a reconsideration of the respondent’s decision to deport him following his conviction and sentence to three and a half years in prison for theft, handling stolen goods and obtaining property by deception. He came to this country in 1989, … Continue reading GO (Nigeria) v Secretary of State for the Home Department: CA 16 May 2007

HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had … Continue reading HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

In re DW (A Minor); CW v SG: FD 12 Apr 2013

The mother sought an order terminating the father’s parental responsibility. The father sought a specific issues order as to the provision of annual reports. Judges: Baker J Citations: [2013] EWHC 854 (Fam) Links: Bailii Statutes: Children Act 1989 84 Jurisdiction: England and Wales Children Updated: 17 November 2022; Ref: scu.472580

B and B v A County Council: CA 21 Nov 2006

The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

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 C (A Child): CA 15 May 2007

The mother and child were released from hospital after the child’s birth. The mother claimed that she was subject to donmestic violence from the father and also that he had shaken the baby. The father was prosecuted and care proceedings instituted. The authority began care proceedings Citations: [2007] EWCA Civ 576 Links: Bailii Statutes: Children … Continue reading Re C (A Child): CA 15 May 2007

In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court. Citations: Times 22-Oct-1996, [1997] Fam 76, [1996] 2 FLR 725 Statutes: Children Act 1989 12 98 Jurisdiction: England and … Continue reading In Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material): CA 22 Oct 1996

Re L (Psychologist – Duty To The Court): FD 20 Dec 2011

The court had made findings of non-accidental injury caused by the parents. A psychologist called in to assist the court was sympathetic to the parents invited the court to reconsider its findings of fact. Held: The expert had gone beyond her remit and also, on other elements outside her area of expertise. It would be … Continue reading Re L (Psychologist – Duty To The Court): FD 20 Dec 2011

Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006

The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006

FD, Regina (on The Application of) v X Metropolitan Borough Council: Admn 16 Dec 2019

Application for judicial review of a purported decision by X Council to continue to detain FD, a girl who is 14 years and 5 months, in secure accommodation. Judges: Mrs Justice Lieven DBE Citations: [2019] EWHC 3481 (Admin) Links: Bailii Statutes: Children Act 1989 25 Jurisdiction: England and Wales Children, Local Government Updated: 19 September … Continue reading FD, Regina (on The Application of) v X Metropolitan Borough Council: Admn 16 Dec 2019

Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988

A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines. Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, before one can turn to the rules as to mistake, whether at common law … Continue reading Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Re C (A Child): FC 29 Sep 2015

There had been care proceedings as to C. The mother was treated by a psychiatrist, X, and an associate Y. They also prepared expert reports. M formally complained about X, and the charges having been dismissed, the doctors now sought disclosure of further medical recods from the care proceedings. His medical reputation had been severely … Continue reading Re C (A Child): FC 29 Sep 2015

Re L-W (Children) (Enforcement and Committal: Contact); CPL v CH-W and Others: CA 4 Nov 2010

The father appealed against orders made in the county court in the course of child contact enforcement proceedings. He had residence of the child, but had repeatedly failed to make his son available for contact at the times ordered causing financial loss to the mother who had travelled to see him. Held: With minor exceptions, … Continue reading Re L-W (Children) (Enforcement and Committal: Contact); CPL v CH-W and Others: CA 4 Nov 2010

Bewry, Regina (on The Application of) v Norfolk County Council: Admn 6 Oct 2010

The claimant had had foster care of two children. They were with temporary respite placements when the respondent decided to place in a different foster setting but without consulting the claimant or otherwise giving him notice. Held: (ex tempore) The request was granted. There was no general duty at common law to consult with a … Continue reading Bewry, Regina (on The Application of) v Norfolk County Council: Admn 6 Oct 2010

SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010

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

Launder v The United Kingdom: ECHR 8 Dec 1997

The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

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

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

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

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

Caim for judicial review brought by the mother of four children against a decision made by Birmingham City Council relating to payments to be made to her for both her benefit and that of the children, under provisions of the Children Act, in particular section 17, but also potentially section 20. The overall effect of … Continue reading AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

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

A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act. Judges: Ward, maurice Kay LJJ, Sir John Chadwick Citations: [2008] EWCA Civ 1445, [2009] PTSR 1011, [2009] ACD 17, [2009] … Continue reading A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008

The claimants, a newspaper and its editor sought judicial review of a refusal to stay private prosecutions brought against them alleging breach of requirements that they not identify children involved in court proceedings, in this case those of the prosecutor. Held: This was ‘a clear case where the court’s conscience is offended by the fact … Continue reading Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008

Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress. Held: In this case the balance was in favour of the mediator giving the evidence requested. In … Continue reading Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

In re H (A Child) (Interim Care Order): CA 12 Dec 2002

Once the threshhold criteria for a care order have been met, the court must still enquire on an application for an interim care order, as to whether there is an imminent risk of really serious harm to the child, whether the risk to the child’s safety requires the immediate separation requested. Judges: Thorpe LJ, Lawrence … Continue reading In re H (A Child) (Interim Care Order): CA 12 Dec 2002

Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and … Continue reading Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by analogy, the principle that costs are not usually ordered in child cases. Held: The appeal … Continue reading Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

Southwark London Borough Council v B and Others: FD 29 Jul 1998

The date for consideration of whether the first or second threshold criteria had been met for care was when application made, or if continuous temporary arrangements for care made, from the date those arrangements were installed. Consistency between limbs was required. Citations: Gazette 26-Aug-1998, Times 29-Jul-1998, Gazette 16-Sep-1998 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England … Continue reading Southwark London Borough Council v B and Others: FD 29 Jul 1998

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006

The Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ deficiencies had had ‘subtle and ambiguous consequences’ for the children. Such consequences could not amount to significant … Continue reading Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006

M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

In re B (Interim care order: Directions): CA 14 Jan 2002

The local authority applied for an interim care order immediately the child, B, was born. A proposal was made for the mother and child to move from the maternity hospital to a residential placement a mother and baby home which provided help in improving parents’ child care skills. The local authority was not prepared to … Continue reading In re B (Interim care order: Directions): CA 14 Jan 2002

Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001

The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001

Langley and others v Liverpool City Council and others: CA 11 Oct 2005

Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005

AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005

Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005

Secretary of State for Education and Skills v Mairs: Admn 25 May 2005

The appellant had been dismissed from the social services department of Haringey Borough Council, and her name placed on a list of persons unsuitable to work with children. She had been criticised in the statutory inquiry into the death of Victoria Climbie. She had led the team of social workers. The Secretary of State appealed … Continue reading Secretary of State for Education and Skills v Mairs: Admn 25 May 2005

Secretary of State for the Home Department v SP: CA 21 Dec 2004

The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004

A Local Authority v S: FD 15 Oct 2015

Application is by a Local Authority for a secure accommodation order, whether that be under Section 25 of the Children Act 1989 or else under the inherent jurisdiction of the High Court. Judges: Bodey J Citations: [2015] EWHC 3010 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 28 June 2022; … Continue reading A Local Authority v S: FD 15 Oct 2015

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997

The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997

Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003

The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Percy v Director of Public Prosecutions: Admn 21 Dec 2001

The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001

Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

Banomova v Secretary of State for Home Department: CA 25 May 2001

The duty placed on social services authority under Children Act 1989 s17 is a target duty owed to children in general and not justiciable by judicial review – no duty in law to meet assessed needs by providing alternative accommodation for the whole family. As to the decision in Horvath, the system must provide for … Continue reading Banomova v Secretary of State for Home Department: CA 25 May 2001

M v M: 1995

The court considered the consequences of mis-disclosure in ancillary relief proceedings. Thorpe J said: ‘Conduct is only relevant in so far as the wife relies upon the manner in which the husband has conducted these proceedings. Ordinarily speaking, it seems to me that the manner in which proceedings are misconducted is to be reflected in … Continue reading M v M: 1995

A v The London Borough of Lambeth: Admn 25 May 2001

The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to satisfy them. Held: The structure the section is general, and point very clearly to … Continue reading A v The London Borough of Lambeth: Admn 25 May 2001

Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997

When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. Citations: Times 30-Jun-1997, [1997] EWHC Admin 535, [1998] 1 FLR 253, [1998] Fam Law 20, [1998] 2 FCR 6 Links: Bailii Statutes: … Continue reading Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997

Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997

Judges: Sedley J Citations: [1997] EWHC Admin 393, [1998] Env LR 111 Links: Bailii Jurisdiction: England and Wales Citing: Disputed – Regina v Canterbury Council ex parte Springimage Limited 1993 The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The … Continue reading Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997

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

A contact order had been properly granted with an order freeing the child for adoption. Butler-Sloss LJ: ‘The effect of an order freeing a child for adoption is to extinguish parental responsibility of those previously endowed with it and thus to bring to an end the relationship between the child and his natural family (see … Continue reading In Re A (A Minor) (Adoption: Contact Order): CA 24 Jun 1993

Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Section 17(1) imposes an obligation in respect of the needs of an individual child. Judges: Kay J Citations: (1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294 Links: Bailii Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte … Continue reading Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Dawson v Wearmouth: HL 4 Feb 1999

The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded. Held: The father’s appeal succeeded. When considering changing a child’s name by means of a specific issue order, … Continue reading Dawson v Wearmouth: HL 4 Feb 1999

E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999

The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused. … Continue reading E v Legal Aid Board, Ex P W et Al (Minors): QBD 25 Nov 1999

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000