C1 and C2 (Children) (S20 The Children Act 1989): FC 18 Sep 2015
[2015] EWFC B149 Bailii Children Act 1989 20 Children Updated: 04 January 2022; Ref: scu.552434
[2015] EWFC B149 Bailii Children Act 1989 20 Children Updated: 04 January 2022; Ref: scu.552434
References: [2015] EWFC B149 Links: Bailii Statutes: Children Act 1989 20 Last Update: 05-Oct-15 Ref: 552434
Grandparents with care of child need leave to apply for contact after child in care. Citations: Ind Summary 15-May-1995 Statutes: Children Act 1989 34 Jurisdiction: England and Wales Children Updated: 21 January 2023; Ref: scu.85827
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
Contact order pending adoption was a final order not variable as continuing. Citations: Times 15-Feb-1995 Statutes: Children Act 1989 8(3) Jurisdiction: England and Wales Children Updated: 09 December 2022; Ref: scu.81799
When a child in care applied for leave to change his surname, the court should allow for the age of the child applying the Gillick competence test, and the views of a guardian ad litem, and scrutinise carefully the motives of someone who sought to oppose the application. Judges: Thorpe LJ, Mummery LJ Citations: Gazette … Continue reading In Re S (A Minor) (Change of Surname): CA 15 Dec 1998
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
Reasons for refusal of appeal in care proceedings Judges: Lord Justice Thorpe and Lord Justice Wall Citations: [2008] EWCA Civ 3 Links: Bailii Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children, Local Government Updated: 24 November 2022; Ref: scu.263768
Judges: Pauffley J Citations: [2013] EWHC 578 (Fam) Links: Bailii Statutes: Children Act 1989 105(6) Jurisdiction: England and Wales Children, International Updated: 14 November 2022; Ref: scu.471761
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
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
Judges: Mr Justice Davis Citations: [2005] EWHC 1753 (Admin) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 01 November 2022; Ref: scu.229302
Power to restrain applications for contact not to be used save for oppression. Citations: Gazette 15-Mar-1995 Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 27 October 2022; Ref: scu.85774
The court may impose detailed conditions on the form of indirect contact. His Lordship set out the relevant principles: ‘1 Overriding all else, as provided by section 1(1) of the Children Act 1989, the welfare of the child was the paramount consideratin, and the court was concerned with the interests of the mother and the … Continue reading In Re O (A Minor) (Contact: Imposition of Conditions): CA 17 Mar 1995
Waite LJ: ‘It is now well settled that the implacable hostility of a mother towards access or contact is a factor which is capable, according to the circumstances of each particular case, of supplying a cogent reason for departing from the general pronciple that a child should grow up in the knowledge of both his … Continue reading In Re D (a Minor) (Contact: Mother’s Hostility): CA 1993
The legal professional privilege for medical reports obtained privately, must yield in child cases, and the report was discoverable. Citations: Ind Summary 15-Nov-1993, Times 02-Nov-1993 Statutes: Children Act 1989 Jurisdiction: England and Wales Legal Professions, Children Updated: 26 October 2022; Ref: scu.84509
The court had decided that the care plan proposed for the children should be accepted. This was for a long term placement with foster parents, and in due course, no doubt would lead to adoption. Both parents had suffered psychiatric problems. The mother sought continued contact with the children, with a view to a long … Continue reading G (Minors): CA 15 Jul 1997
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
Judges: Mrs Justice Roberts Citations: [2021] EWFC 21 Links: Bailii Statutes: Children Act 1989 15 Jurisdiction: England and Wales Children Updated: 25 September 2022; Ref: scu.659466
TL, the mother appealed against refusal of her application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989. Judges: Sir Nicholas Wall P, Moore-Bick, Black LJJ Citations: [2011] EWCA Civ 812 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 16 September 2022; … Continue reading In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011
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
The court considered the duties of disclosure in applications for care orders. Judges: Sir Nicholas Wall P Citations: [2010] EWHC 2528 (Fam) Links: Bailii Statutes: Children Act 1989 31(3) Jurisdiction: England and Wales Children Updated: 25 August 2022; Ref: scu.425316
Citations: [2002] EWCA Civ 527 Links: Bailii Statutes: Contempt of Court Act 1981, Children Act 1989, Family Law Act 1986 Jurisdiction: England and Wales Contempt of Court Updated: 16 August 2022; Ref: scu.217119
The court was asked whether and if so, on what basis a Court considering an application for a care order in respect of a young person with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act, 2005, rather than the Children Act, 1989. Judges: … Continue reading B (A Local Authority) v RM and Others: FD 15 Oct 2010
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
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
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989
Exceptional circumstances might exist such that the need to protect a child’s primary carer would require the court to safeguard that at the expense of the immediate consideration of the welfare of the children. Here, contact had been established after the separation, but the father suffered a degenerative disease, and threatened his own suicide, and … Continue reading In re H (Children) (Contact Order) ( No 2): FD 22 Jun 2001
Judges: Lord Justice Thorpe Lord Justice Laws Lady Justice Hallett Citations: [2006] EWCA Civ 479 Links: Bailii Statutes: Children Act 1989 15 Jurisdiction: England and Wales Children Updated: 06 July 2022; Ref: scu.241401
The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003
Judges: Mostyn J Citations: [2015] EWHC 2616 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Child Support Updated: 28 June 2022; Ref: scu.558980
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
Guidance on the incorporation of time for judgment writing when determining the timetable, under section 32 of the Children Act 1989, for the disposal of an application for a care or supervision order. Judges: Aikens, McFarlane, Bean LJJ Citations: [2015] EWCA Civ 606, [2016] 1 WLR 14, [2015] WLR(D) 264, [2015] Fam Law 1054 Links: … Continue reading In re T (Children): CA 18 Jun 2015
The child was placed for adoption. In the period before adoption, contact with her family continued. The prospective adopters said that this was unsettling. Held: It would be unusual to make an order for contact against the wishes of the proposed adopters. Their wishes were not unreasonable, and the order reducing contact was upheld. Judges: … Continue reading In re R (a Child) (Adoption: Contact): CA 18 Aug 2005
There is no jurisdiction in wardship over a child not habitually resident in England. A child born in England of and English mother and Dubai father had gone to live with his mother in Dubai at the invitation of the father, but had there retained the boy against the mother’s will. The mother obtained certain … Continue reading Al Habtoor v Fotheringham: CA 15 Feb 2001
The applicants were members of six homeless families who had occupied accommodation in Northern Ireland. The council concluded that members of each household except one had been guilty of criminal and anti-social behaviour, as a result of which the IRA had threatened that they would all be killed unless they left Northern Ireland within 72 … Continue reading Regina v London Borough of Hammersmith, ex parte P: QBD 1989
A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek … Continue reading In re H (Children: Residence order: Relocation): CA 30 Jul 2001
A shared residence order may be still made if it is needed, but it remains an unusual order. Connell J discussed the guidance given as to shared residence orderButler-Sloss LJ said: ‘Miss Moulder, representing the father, accepts that the conventional order still is that there would be residence to one parent with contact to the … Continue reading A v A (Children: Shared Residence Order): CA 3 Feb 1994
The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed. Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties … Continue reading Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002
Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum … Continue reading In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004
Balcombe LJ said: ‘But before concluding this judgment, I would like to make three general points. The first is that judges should be very reluctant to allow the implacable hostility of one parent (usually the parent who has a residence order in his or her favour) to deter them from making a contact order where … Continue reading In re J (a Minor) (Contact): CA 1994
The one month old baby had been taken into the care of the local authority. The authority appealed the extent of contact with the baby. Held: The appeal failed. It was not wholly improper to allow for the practicalities of arranging such contact, including the financial resources available to meet them. The order was to … Continue reading In re S (a child) (Care proceedings: Contact): FD 5 Jul 2005
Ewbank J considered the case of a ward of court, aged 17.5 years who had been arrested by the police on suspicion of burglary and said: ‘After he was arrested he was interviewed by the police who did not know that he was a ward of court. They became aware that he was a ward … Continue reading Re B (A Minor): FD 15 Dec 1989
Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013
The defendant said that he had driven recklessly because he was in fear for his life and that of his passenger. Held: The court was bound by Willer to rule that a defence of duress was available. It was convenient to refer to this type of duress as ‘duress of circumstances’. Judges: Woolf LJ Citations: … Continue reading Regina v Conway: 1989
On making a secure accommodation order, the welfare of the child is a relevant but not the paramount consideration. The Court referred to the responsibility of reaching ‘so serious and Draconian a decision as the restriction upon the liberty of the child’. Citations: Times 15-Nov-1994, [1995] 1 FLR 418 Statutes: Children Act 1989 25 Jurisdiction: … Continue reading In Re M (A Minor) (Secure Accommodation Order): CA 15 Nov 1994
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
The court was asked who, as between the parents and the local authority, could consent to an order depriving a child in residential care, of his liberty. Held: A local authority with parental responsibility by virtue of a care order or interim care order, or with any other statutory responsibilities for a child, cannot supply … Continue reading In re AB (A Child : Deprivation of Liberty): FD 28 Jul 2015
The father appealed an order refusing him direct contact with the child. The judge had made the order because he considered that the mother’s hostility to contact made it likely that her health would suffer if contact was ordered, and that the children’s health would suffer in turn. Held: The appeal was allowed. Stopping a … Continue reading In Re P (Minors) (Contact): CA 15 May 1996
A care order should be made only when the risk of harm to a child was proved by actual facts and not just by suspicion. Citations: Times 15-Dec-1995 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.82035
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and received a copy of the report, and relying on it, had bought the house. … Continue reading Smith v Eric S Bush, a firm etc: HL 20 Apr 1989
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
Judgment on the preliminary issue of whether this court has jurisdiction to hear an application for a child arrangements order under s.8 of the Children Act 1989 when the child and parents concerned all live abroad. [2021] EWFC 105 Bailii England and Wales Jurisdiction, Children Updated: 21 January 2022; Ref: scu.671046
Gareth Jones HHJ [2014] EWFC B168 Bailii Children Act 1989, Adoption and Children Act 2002 England and Wales Children Updated: 12 January 2022; Ref: scu.540383
In the context of an application for a care order the LA now presented a final care plan of permanence away from their birth family by way of adoption and, accordingly, sought placement orders in addition to care orders. Wood HHJ [2014] EWFC B155 Bailii Adoption and Children Act 2002, Children Act 1989 England and … Continue reading Re B (Children): FC 15 Sep 2014
The claimants challenged alterations to the system of foster care provision. William Davis J [2015] EWHC 3615 (Admin), [2015] WLR(D) 525 Bailii, WLRD Children Act 1989 England and Wales Children Updated: 08 January 2022; Ref: scu.557151
Appeal by a mother against the decision reached at the end of a fact-finding hearing in proceedings under the Children Act 1989 Jackson, Ryder, Bean LJJ [2015] EWCA Civ 992 Bailii England and Wales Children Updated: 04 January 2022; Ref: scu.553239
Sir James Munby P, Black, Underhill LJJ [2015] EWCA Civ 886 Bailii Children Act 1989, Family Law Act 1986 1 2 3 England and Wales Children, International Updated: 03 January 2022; Ref: scu.551019
F’s appeal against order allowing M to take a 12 year old to live with her in Germany. McFarlane, Ryder, Clarke LJJ [2015] EWCA Civ 882 Bailii Children Act 1989 13(1) England and Wales Children Updated: 03 January 2022; Ref: scu.551021
[2015] EWCA Civ 719 Bailii England and Wales Children Updated: 02 January 2022; Ref: scu.550205
The Claimant challenges the failure of the Defendant local authority to provide her with support in her care of a looked after child, namely her grandson, R, in breach of its duty so to do under sections 20-23 of the Children Act 1989. Kickinbottom J [2015] EWHC 1936 (Admin) Bailii Children Act 1989 20 21 … Continue reading Cunningham, Regina (on The Application of) v Hertfordshire County Council and Another: Admn 8 Jul 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
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
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
UTIAC 1. Where the Immigration Rules are silent as to interpretation, it may be necessary to refer to the Children Act 1989 (as amended) and other family legislation in order to construe those parts of the Rules which provide a route to entry clearance or leave to remain as a parent. 2. ‘Access’ in the … Continue reading JA (Meaning of “Access Rights”): UTIAC 17 Apr 2015
HHJ Pemberton [2015] EWFC B33 Bailii Children Act 1989 England and Wales Children Updated: 29 December 2021; Ref: scu.545088
Challenge to regulations for training to become a barrister Children Act 1989 [2015] EWHC 1919 (Admin) Bailii England and Wales Education, Legal Professions Updated: 04 December 2021; Ref: scu.550026
The court was asked whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer. The Costs judge had held that, as a matter of law, a supervening incapacity even if intermittent, automatically frustrates and thereby terminates a contract … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: QBD 5 Feb 2014
When considering contact applications after domestic violence, the approach should be child centred, and according to the criteria in the Act. The circumstances of the violence should be looked into, and the potentially damaging effect of contact with a violent parent should not be underestimated. The parent’s possible contribution to the child and facing up … Continue reading In Re L (A Child) (Contact: Domestic Violence); In Re V (A Child) (Contact: Domestic Violence); In Re M (A Child) (Contact: Domestic Violence); In Re H (A Child) (Contact: Domestic Violence); In re L, V, M and H (Children): CA 21 Jun 2000
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to a fair trial of all concerned. Held: The existing law erects a … Continue reading In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence): SC 3 Mar 2010
The authority sought orders to prevent the respondent children travelling to countries controlled by the ISIS groups. The parents being unlikely to be effective to restrain them, the court had made them wards of court. Held: ‘the status of a Ward of the High Court of England and Wales has achieved international recognition. For this … Continue reading Tower Hamlets v M and Others: FD 27 Mar 2015
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in care proceedings had issued a provisional judgment, but after … Continue reading Re L and B (Children): SC 20 Feb 2013
Bingham LJ discussed the nature of frustration of contract: ‘The essence of frustration is that it is caused by some unforeseen supervening event over which the parties to the contract have no control and for which they are therefore not responsible. To say that the supervening event occurs without the default or blame or responsibility … Continue reading Lauritzen A/A v Wijsmuller BV;( ‘The Super Servant Two’): CA 12 Oct 1989
This case concerns a claimant with fluctuating capacity to conduct legal proceedings. At a time when she had capacity, she retained a firm of solicitors under a conditional fee agreement. The issue was whether the CFA terminated automatically by reason of frustration when she subsequently lost capacity, so that it did not govern the continued … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 27 Jan 2015
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between ourselves and yourselves as principals, we alone being liable to … Continue reading JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry: HL 1989
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
Children had been removed from their parents under s20 of the 1989 Act, but then not returned after the expiry of the initial 72 hour period.
Held: The court dismissed the claims for negligence, misfeasance in public office and religious . .
A child (aged five) was placed in emergency foster care after his mother was detained in hospital under the Mental Health Act. The mother was then too unwell to discuss section 20. The local authority thought that there was no need to issue care . .
The case concerned a boy aged eight at the material time, both of whose parents had severe mental health problems. Very shortly after he had been returned to his mother’s care when she came out of hospital, she suffered a relapse and called an . .
Appeal against an order made after an agreement within the family that the children should live with the paternal grandmother.
Orse In re W (Parental Agreement with Local Authority)
The mother had placed her three children with their . .
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
The mother agreed to the accommodation of her two-week-old baby and care proceedings were issued nearly four months later. The local authority accepted that they had acted in breach of the rights of both mother and child under article 6 and 8, . .
The Court was asked about an alleged ‘corporate raid’, an attempt to exploit a minority shareholding in a company to obtain effective management or voting control without paying what other shareholders would regard as a proper price.
Held: The . .
Application by mother to be allowed to relocate to Hong Kong. . .
. .
References: [2014] EWFC B155 Links: Bailii Coram: Wood HHJ In the context of an application for a care order the LA now presented a final care plan of permanence away from their birth family by way of adoption and, accordingly, sought placement orders in addition to care orders. Statutes: Adoption and Children Act 2002, Children … Continue reading Re B (Children); FC 15 Sep 2014
References: [2015] UKUT 225 (IAC) Links: Bailii Coram: Clive Lane UTJ UTIAC 1. Where the Immigration Rules are silent as to interpretation, it may be necessary to refer to the Children Act 1989 (as amended) and other family legislation in order to construe those parts of the Rules which provide a route to entry clearance … Continue reading JA (Meaning of Access Rights”): UTIAC 17 Apr 2015″
References: [2015] EWFC B33 Links: Bailii Coram: HHJ Pemberton Statutes: Children Act 1989
References: [2014] EWFC B168 Links: Bailii Coram: Gareth Jones HHJ Statutes: Children Act 1989, Adoption and Children Act 2002
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
Neither the Children Act nor the court’s inherent jurisdiction allows the making of an ouster order without violence. A specific issue order gave no jurisdiction for the ouster of a joint tenant father. In the case of an ouster order to protect children, the court may use its power to order a transfer of property. … Continue reading In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 1993
The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. The order now appealed continued that. The father said that the court had wrongly interfered … Continue reading Morgan v Hill: CA 28 Nov 2006
(Date) The mother appealed against an order of andpound;800,000 to provide her with a home in which to bring up the child of the wealthy ummarried couple. Held: The judge had erred in scaling down pro rata an award made in another large money case. The court noted that in such cases it would avoid … Continue reading In Re S (a Child: Unmarried Parents: financial provision): CA 1 Mar 2006
Section 15 of the 1989 Act cannot be used to order a common law father to make transfer of property to a child. Citations: Gazette 09-Dec-1992 Statutes: Children Act 1989 15(1) Children Updated: 08 April 2022; Ref: scu.81950
The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918
The court considered the powers of the court in care proceedings where it did not approve the authority’s proposed care plan. The judge had made supervision orders in relation to both children coupled with an injunction restraining the mother from removing the children from the foster home in which the local authority had placed them. … Continue reading Re S and D (Child Care Powers of the Court ): CA 1995
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006