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
The Court was wrong to phase out contact between a child and his mother inconsistently with the Local Authority’s plan. Citations: Times 19-Feb-1997, Gazette 05-Mar-1997, [1997] EWCA Civ 953 Statutes: Children Act 1989 34(2) Jurisdiction: England and Wales Children Updated: 05 November 2022; Ref: scu.141349
Review of authority to terminate contact after change and some re-investigation. Citations: Times 01-Jan-1997 Statutes: Children Act 1989 34(4) Jurisdiction: England and Wales Children Updated: 04 November 2022; Ref: scu.82228
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
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
The court considered an application for a residence order as between same sex parents where the child was born after artificial insemination. Judges: Thorpe, Tuckey, Arden LJJ Citations: [2005] EWCA Civ 462, [2005] 2 FLR 957, [2006] 1 FCR 436 Links: Bailii Statutes: Children Act 1989 4 Jurisdiction: England and Wales Children Updated: 24 July … Continue reading Re G (Children): CA 6 Apr 2005
The maternal grandmother sought permission to intervene in care proceedings to put herself forward as the carer of her young grandchild. The local authority and the guardian objected to the intervention. The judge had refused it. The grandmother appealed. Held: The appeal was allowed. When considering such an application for leave to make an application … Continue reading In re H (Children): CA 2003
A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002
The court had made a contact order and a penal notice attached under section 34, and the local authority had been found to have breached it. They now appealed against a finding that they were in contempt of court. Held: An order extended under section 34 was capable of being enforced by a finding of … Continue reading In re B (Minors) (Contact order: Enforcement): CA 27 Feb 2009
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
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
Once a court has made an order granting care to the local authority, the court no longer has any jurisdiction to make an order to prohibit contact between the child and a parent. The regulations give explicit power to the authority to agree such an arrangement, and therefore any order would be unenforceable. Citations: Times … Continue reading In Re W (A Minor) (Parental Contact: Prohibition): CA 20 Jan 2000
A grandmother must seek leave of the court before applying for contact with a child in the care of the Local Authority. An application should be dismissed it it is frivolous, vexatious or an abuse of process and/or failed to show any reasonable prospect of success. Judges: Ward LJ Citations: Times 21-Apr-1995, [1995] 2 FLR … Continue reading In Re M (Minors In Care) (Contact: Grandmother’s Application): CA 21 Apr 1995
The Judge had a discretion to look again at the natural mother’s case before making an adoption order. In order to minimise delay in any case, and to facilitate efficient decision-making, the court could, exercising its wide judicial discretion, consider the application for leave to apply for an order revoking the placement order on a … Continue reading In Re B (Minors) (Contact): CA 3 Feb 1993
F’s appeal against an order and judgment making findings in care proceedings under Part IV of the Children Act 1989 that the appellant had sexually abused his daughter Citations: [2019] EWCA Civ 206 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Torts – Other Updated: 27 April 2022; Ref: scu.634077
[2015] EWFC B149 Bailii Children Act 1989 20 Children Updated: 04 January 2022; Ref: scu.552434
Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could have direct contact with their father; and thirdly, whether … Continue reading Re C (Children Appeal): FC 30 May 2014
Issue Resolutions Hearing. The local authority having originally sought care orders, the court having seen improvements after considerable support ordered for the children to continue to reside at home. Bond HHJ [2014] EW Misc 2 (CC) Bailii Children Act 1989 Children Updated: 30 November 2021; Ref: scu.521634
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 father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence and or contact. The other mother took the children secretly to … Continue reading In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006
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
Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017
When a court considered which of two parents might be responsible for a non-accidental injury to their child, what the court cannot do is decide that one parent is the perpetrator but that the other parent cannot be excluded as the perpetrator. Counsel had not brought to the attention of the court when applying for … Continue reading ZM v JM; Re M (children) (fact-finding hearing: burden of proof); In re M (a Child) (Non-accidental injury: Burden of proof): CA 19 Nov 2008
References: [2015] EWFC B149 Links: Bailii Statutes: Children Act 1989 20 Last Update: 05-Oct-15 Ref: 552434
References: [2014] EWFC B163 Links: Bailii Coram: Eaglestone HHJ Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could … Continue reading Re C (Children Appeal); FC 30 May 2014
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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
Lawyers should warn their clients of the wide range of the court’s powers in care cases. Orders can be made under other sections even though the application is under only one section. The court is not limited to the application presented, but has power to make the orders it saw to align with its first … Continue reading Re S-W: FD 1 Mar 1993
The local authority applied for a care order in respect of a young baby. The mother was only 15 and was a ‘child’ herself. Held: In an application under 34(4) the interests of the child who is the subject of the application are paramount, and precede those of the mother, even if she herself is … Continue reading Birmingham City Council v H (A Minor) and Others: HL 16 Dec 1993
When considering the granting of legal aid for a solicitor to be appointed to represent a child’s guardian ad litem in proceedings under section 34, the Board had failed to acknowledge the requirement under the Rules placed upon a guardian to be represented. There was no choice about the appointment. The power to reject an … Continue reading Regina v Legal Aid Board, Ex Parte W and Others (Minors): CA 19 Sep 2000
Children Act applications are not to be used to undermine wardship decisions. Where the wardship jurisdiction was not challenged, oral evidence was not to be required. Citations: Independent 18-Jun-1993, Times 01-Jun-1993 Statutes: Children Act 1989 34 Jurisdiction: England and Wales Children Updated: 10 April 2022; Ref: scu.90208
The local authority challenged the right of a county court judge attaching a penal notice to an order in Children Act proceedings. . .
Judges: Pill, Hooper, Munby LJJ Citations: [2011] EWCA Civ 521, [2011] 3 FCR 208, [2011] Fam Law 791, [2011] 2 FLR 912 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 20 December 2022; Ref: scu.434846
Two applications: by a grandmother under section 10(9) Children Act 1989 for permission to apply for either a Special Guardianship Order or a Child Arrangements Order with respect to a child (H) who is seven months old; and an application by the local authority under the inherent jurisdiction for permission not to carry out any … Continue reading A County Council v M and Another: FC 23 Apr 2021
The court was asked whether the Claimant became a ‘looked after child’ as defined in Section 22(1) of the 1989 Act. Citations: [2009] 1 FLR 493, [2009] Fam Law 14, (2009) 12 CCL Rep 59, [2009] PTSR CS35, [2008] EWHC 2551 (Admin) Links: Bailii Statutes: Children Act 1989 22(1) Jurisdiction: England and Wales Children Updated: … Continue reading Collins v Knowsley Metropolitan Borough Council: Admn 29 Oct 2008
The father appealed an order refusing direct contact, and that no further application should be made for five years. Citations: [2006] EWCA Civ 348 Links: Bailii Statutes: Children Act 1989 91(14) Jurisdiction: England and Wales Children Updated: 05 December 2022; Ref: scu.240089
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
Judges: Anthony Edward-Stuart QC Citations: [2009] EWHC 34 (Admin) 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 17 who was ejected from home and presents himself to a local … Continue reading A, Regina (on the Application of) v Coventry City Council: Admn 22 Jan 2009
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
A court had made an order freeing three siblings for adoption together. The parents accepted that this was inevitable for the two older but not for the third, who was a few months old. An emergency protection order had been obtained on the birth of the last child. The mother suffered depression which was likely … Continue reading C (Minors): CA 19 Dec 1997
The appellant sought leave to appeal an order regarding access to her children in care. A residential therapeutic assessment had been refused. She sought transfer of the case to the High Court. Held: The application must be refused. The judge considering the matter was experienced and had given it full consideration. The delay involved in … Continue reading Re: E (Minors): CA 19 Dec 1997
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but … Continue reading Waple v Surrey County Council: CA 17 Dec 1997
Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them. Held: Under the 2000 Act a duty was owed to a ‘former relevant child’ – a person who had … Continue reading Regina (Behre and Others) v Hillingdon London Borough Council: Admn 29 Aug 2003
Application for judicial review of the decisions of Birmingham City Council, the second defendant, determining him to be over 18 years old on the material dates for the purposes of the Children Act 1989. Judges: Beatson J Citations: [2011] EWHC 3488 (Admin) Links: Bailii Immigration, Children Updated: 31 October 2022; Ref: scu.459738
An application was made by the local authority to take into care the daughter of a 15 year old mother. The question was whether any priority was to be given to the daughter’s interests when the mother herself was also a child. Held: When the upbringing of both mother and daughter was involved under the … Continue reading Birmingham City Council v H (A Minor): CA 1993
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994
Judges: Mr Justice Keith Citations: [2009] EWHC 915 (Admin), [2009] 2 FLR 974, [2009] Fam Law 580, [2010] 1 FCR 699 Links: Bailii Statutes: Children Act 1989 17(1) Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.343058
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 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
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
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
Whether the Defendant local authority is obliged to provide support, including accommodation, to the Claimant and her mother pursuant to section 17 of the Children’s Act 1989, pending determination of the mother’s appeal against the refusal by the United Kingdom Border Agency acting on behalf of the Secretary of State for the Home Department, of … Continue reading Eat, Regina (on The Application of) v London Borough of Newham: Admn 28 Feb 2013
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
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
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Where a child had returned to a district, and both parents and foster parents had also left the area, it was unrealistic to lay responsibility for the child’s care at the former authority, and the proper responsible authority was that within which the child now resided. Citations: Times 01-Jun-1999, Gazette 27-Jun-1999 Statutes: Children Act 1989 … Continue reading North Yorkshire County Council v Wiltshire County Council: FD 1 Jun 1999
Citations: [2009] EWHC 865 (Fam), [2009] Fam Law 569, [2009] 2 FLR 443 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children, Magistrates Updated: 11 August 2022; Ref: scu.347347
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
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
‘This case raises a number of points of interest for the profession relating: (1) to second appeals in children’s cases; and (2) to the application of the welfare test under section 1 of the Children Act 1989 (the 1989 Act) to a case involving a residence dispute between the father and the maternal grandmother of … Continue reading In re B (A Child); GB v RJB, GLB: CA 11 Jun 2009
The claimants had arrived as asylum seekers, and said that they were under eighteen, and entitled to assistance as children. The social workers decided that they were older. The claimants said that insufficient attention had been given to paediatricians’ reports. Held: The paediatricians’ views should be taken into account but they were not likely to … Continue reading A v London Borough of Croydon; Regina (WK) v Kent County Council: Admn 8 May 2009
The applicants, grandparents, sought leave to appeal against a care order and placement for adoption. The child’s parents would be unable to provide care. The grandmother siffered tinnitus and reduced vision. Held: No error of law had been shown, and leave was refused. Judges: Wall LJ Citations: [2009] EWCA Civ 376 Links: Bailii Statutes: Children … Continue reading In re P (A Child), Re; CS and WS v A Local Authority: CA 8 May 2009
The mother of the child applied for leave to appeal against an order under section 38(9), seeking a residential assessment. Held: The judge had been exercising a discretion which he had done properly, and the court would not interfere with it. Judges: Mummery LJ, Wall LJ Citations: [2008] EWCA Civ 1078 Links: Bailii Statutes: Children … Continue reading In re S (A Child): CA 12 Aug 2008
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
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised. Held: … Continue reading British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007
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
This appeal gives rise to important questions about the obligations of a local authority under the Children Act 1989 to provide accommodation and financial support for a child in need in its area when the mother herself is not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor … Continue reading G, Re Application for Judicial Review: CA 11 Apr 2001
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
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
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
The court considered an application for an order for parental rights under the 1967 Act. Held: Ward J said: ‘Can this (father) show that he is the father of the child, not in the biological sense but in the sense that he has established or is likely to establish such a real family tie with … Continue reading D v Hereford and Worcester County Council: FD 1991
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
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with insufficient direct knowledge of the issues and people involved. Judges: Lord Justice … Continue reading A Health Authority v Dr X and Others: CA 21 Dec 2001
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which … Continue reading Bryant v Housing Corporation: CA 21 May 1998
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
Application by father to strike out claim for settlement of property order for child. Citations: [2007] EWHC 789 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 22 May 2022; Ref: scu.253472
When considering the need for measures to protect a child, the local authority did not first require evidence to a standard which would satisfy a court even on the civil standard of the balance of probabilities. At the later stage where decisions might be taken by a court was the time when standards of evidence … Continue reading Regina (S) v Swindon Borough Council and Another: QBD 27 Jun 2001
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
The mother appealed against a prohibited steps order preventing her taking the child of the family with her on her relocation to Northern Ireland. Held: The making of an order either as a prohibited steps order or as a condition of a residence order, which placed restrictions on the right of the child’s primary carer … Continue reading In re B (A child) (Relocation): CA 24 Jul 2007
The local authority applied pursuant to s.100 of the Children Act 1989 for permission to invoke the inherent jurisdiction in order that a young person, Z, might be deprived of their liberty in order to convey them from their family home to a residential school. Judges: Mrs Justice Knowles Citations: [2020] EWHC 3038 (Fam) Links: … Continue reading Z, Re (A Child: Deprivation of Liberty: Transition Plan): FD 12 Nov 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
Citations: Gazette 26-Aug-1992, [1993] Fam 15 Jurisdiction: England and Wales Citing: Appeal from – In Re J (A Minor) (Medical Treatment) FD 8-Jul-1992 The Court should be slow to interfere in the exercise of a bona fide clinical judgment to withdraw treatment from a patient, and may overrule a child’s wishes as to the need … Continue reading In Re J (A Minor) (Child in Care: Medical Treatment): CA 26 Aug 1992
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964
The appellant had been provided with emergency accommodation after losing her assured shorthold tenancy, but the court was now asked ‘whether the council adopted the correct approach in determining that the accommodation was ‘affordable’ for those purposes.’ Held: Her appeal was granted. The 1996 Order requires the authority to take into account all sources of … Continue reading Samuels v Birmingham City Council: SC 12 Jun 2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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
(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
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
M and F disputed the return of their child D to Romania. F had obtained there an order for custody, and now appealed from refusal of the court here to recognise that order and enforce it. The judge had found that the proceedings in Romania had failed to allow adequate service of proceedings and opportunity … Continue reading D (A Child) (International Recognition): CA 27 Jan 2016
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
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Application for financial provision for a child. Baker J [2014] EWHC 2225 (Fam) Bailii Children Act 1989 Sch 1 England and Wales Children Updated: 12 December 2021; Ref: scu.534043
