Appellant’s application for a non-molestation injunction pursuant to s.42 of the Family Law Act 1996 – important point of principle or practice, namely the meaning of the term ‘associated person’ in of s. 62(3) of the Act. The Honourable Mr Justice Macdonald [2021] EWHC 1351 (Fam), [2021] WLR(D) 329, [2021] 1 WLR 5724 Bailii, WLRD … Continue reading M v D (Family Law Act 1996 : Meaning of ‘Associated Person’): FD 21 May 2021
A half-sister had been assured that when her half-sister was adopted she would be given annual reports as to her progress. No report was provided. When she enquired and complained, she was told that the adopters had changed their minds and that it was not in the children’s interests for the report to be provided. … Continue reading In Re T (Minors) (Adopted Children: Contact): CA 8 Aug 1995
Citations: [1996] 2 FLR 34, [1996] EWCA Civ 920 Jurisdiction: England and Wales Cited by: Cited – Brawley v Marczynski and Another CA 21-Oct-2002 The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant. Held: Indemnity costs were often intended to indicate disapproval of … Continue reading Burgess v Burgess: CA 11 Nov 1996
Conflict of laws – ‘It is sufficient to say that the party relying upon art. 3 must demonstrate with reasonable certainty that the parties have chosen a particular law as the governing or applicable law. ‘ Judges: Clarke J Citations: [1996] I Lloyd’s Law Rep 380 Jurisdiction: England and Wales Cited by: Cited – Land … Continue reading Egon Oldendorff v Libera Corporation: 1996
Citations: (1996) 1 FLR 19 Jurisdiction: England and Wales Cited by: Cited – Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening CA 5-Jul-2004 The applicant sought an order that his application for a joint residence order should be held in public. Held: Though there was some attractiveness in the applicant’s arguments, the issue … Continue reading Re Z (A Minor) (Freedom of publication): 1996
The appellant asylum seeker claimed to have been persecuted as a member of his stepfather’s family, and thus of a particular social group, because members of a drug cartel had first persecuted the stepfather after he refused to co-operate with them and then also had made attacks on the appellant and other members of the … Continue reading Quijano v Secretary of State for Home Department: CA 18 Dec 1996
Citations: [1996] EWCA Civ 1214 Jurisdiction: England and Wales Citing: See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996 . . See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997 . . See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT … Continue reading Regina v Secretary of State for Health and Family Health Service Appeal Unit ex parte Trivedi: CA 13 Dec 1996
The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court … Continue reading Vernon v Bosley (3): CA 19 Dec 1996
The family sought approval of a proposed variation of the will to make best advantage of tax allowances. Because the beneficial interests of children would be affected, the court’s approval was necessary. The judge had refused to approve the variation, saying that it would be contrary to the intention of the testator, and that he … Continue reading Goulding and Goulding v James and Daniel: CA 10 Dec 1996
The case concerned applications for care orders. Four young girls would be separated from their elder sister and their mother, who sought interim contact. The judge disagreed with the care plan proposed by the local authority. His powers were, either to allow the care order and submit them to the care plan, or to refuse … Continue reading B (Minors): CA 27 Nov 1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
Both husband and wife had independent means, and neither worked. The wife had spent pounds 100,000k on Children Act proceedings, and sought ancillary relief. The judge had made an order on capital to reflect the fact that if those costs had not been spent W would have had the money available as capital. Held: Whilst … Continue reading Tavoulareas v Tavoulareas (2): CA 19 Nov 1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief. Held: Ancillary relief might be available to a trans-sexual whose marriage is annulled. The principle of public … Continue reading S v S-T (Formerly J): CA 25 Nov 1996
Court has no power to order Local Authority to provide residential assessment of family of child. Citations: Gazette 23-Oct-1996 Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 01 November 2022; Ref: scu.81784
A Local Authority cannot be obliged to bear the cost of an assessment of a family in residential care. Citations: Times 03-Oct-1996, [1996] EWCA Civ 619 Statutes: Children Act 1989 39 38(6) Jurisdiction: England and Wales Children, Local Government Updated: 31 October 2022; Ref: scu.140486
A transfer of property application in divorce ancillary relief proceedings was properly affected by the Local Authority’s housing policies. Citations: Times 17-Oct-1996, [1996] EWCA Civ 595 Statutes: Matrimonial Causes Act 1973 24 Jurisdiction: England and Wales Family, Housing Updated: 31 October 2022; Ref: scu.82605
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse. Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on every application under it the court must ask itself two questions: first, has reasonable … Continue reading Krubert, Re; Krubert v Davis and Others: CA 27 Jun 1996
The applicant sought to have his application for a residence order heard in open court: ‘Article 6 (1) provides for the public hearing and the public pronouncement of judgment of cases, but with the proviso of exclusion of the press and the public from all or part of the trial ‘in the interest of morals, … Continue reading P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996
A wife being deemed to be the sole tenant took it subject to an existing possession order. Citations: Gazette 12-Jun-1996, Times 13-May-1996 Statutes: Rent Act 1977 1998, Matrimonial Homes Act 1983 1 Jurisdiction: England and Wales Landlord and Tenant, Family Updated: 31 October 2022; Ref: scu.79125
A strictly mathematical approach to calculating ancillary relief can be inappropriate in large sum cases. The statutory jurisdiction has to provide for all applications for ancillary financial relief, from the poverty stricken to the multi-millionaire. Held: The court to reconcile existing practice wit the statute. Reasonable requirements are more extensive than needs. What a person … Continue reading Dart v Dart: CA 2 Jul 1996
A Bank was to assume that undue influence existed where they knew that an employee was giving security for his employer’s debt to the bank. An unlimited guarantee given by an employee to his employer’s bank was set aside as unconscionable. The circumstances in which the doctrine of unconscionable bargains would apply were similar to … Continue reading Credit Lyonnais Bank Nederland NV v Burch: CA 1 Jul 1996
In exercising its jurisdiction under the Act, the court’s function is investigative and non-adversarial. Ward LJ: the court had no power to order a residential assessment at a specified place. Millett LJ agreed, but said that a judge could impose ‘a condition which is consequential upon the giving of directions for a residential assessment under … Continue reading In re L: CA 1996
Citations: [1996] EWCA Civ 503 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997 . . See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT 11-Nov-1996 . . See Also – Trivedi, Regina (on the Application Of) v General Medical Council … Continue reading Regina v General Medical Council ex parte Dr K S Trivedi: CA 3 Mar 1996
An appointment under a trust created before 1970 but made after was deemed to have been before the change in age from 21 to 18. Citations: Gazette 24-Apr-1996, Times 15-Mar-1996 Statutes: Family Law Reform Act 1969 Jurisdiction: England and Wales Trusts Updated: 27 October 2022; Ref: scu.78319
Citations: [1996] EWCA Civ 1289 Jurisdiction: England and Wales Citing: See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996 . . See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997 . . See Also – Trivedi v Royal Hull Hospitals NHS Trust EAT … Continue reading Trivedi, Regina (on the Application Of) v General Medical Council: CA 14 Nov 1996
The defendant appealed against his conviction. He had pleaded guilty after a ruling as to the law. Hobhouse LJ said: ‘The meaning of section 179 is clear and unambiguous. Where it is within the power of the owner of the land to comply with the notice without the assistance of others, no question of a … Continue reading Beard, Regina v: CACD 10 May 1996
On an applicatin for ancillary relief on divorce, the sherriff thought that the spouses could share equally in the increase in the value of the matrimonial property after the date when they separated. That could not be done under the rules laid down by the statute. So he refrained from making any order for a … Continue reading Lightbody (Or Jacques) v Jacques: HL 28 Nov 1996
H and W entered into a consent order which related in particular to their home, vested in their joint names, in which the wife wished to continue to reside with the children of the family. Part of the order was a property adjustment order: it was, specifically, a variation of settlement order under which the … Continue reading Omielan v Omielan: CA 30 Jul 1996
Admissibility decision. The right to fish or hunt is a civil right within the meaning of article 6. Citations: [1996] ECHR 79, (1996) 87-A DR 78 Links: Bailii Jurisdiction: Human Rights Cited by: Cited – Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007 The appellants said that … Continue reading Konkama v Sweden: ECHR 25 Nov 1996
The defendant had been driving the plaintiff’s daughters, but negligently caused an accident from which they died. The plaintiff was called to the accident, and claimed to have suffered post traumatic stress. The defendant said that the effect was explainable simply as grief. The defendant appealed against the quantum of damages. Held: Damages for nervous … Continue reading Vernon v Bosley (2): CA 29 Mar 1996
The bond between natural parents and their children is a strong indicator of the existence of family life: ‘from the moment of the child’s birth and by the very fact of it, there exists between him and his parents a bond amounting to ‘family life’, which subsequent events cannot break save in exceptional circumstances’. Citations: … Continue reading Ahmut v The Netherlands: ECHR 28 Nov 1996
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act. Held: A Local Authority should allow for non-statutory guidance in assessing a disabled person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason. Sedley … Continue reading Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents … Continue reading In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996
A wife who had an order for ancillary relief in her favour, but whose husband entered into an Individual Voluntary Arrangement, was obliged to accept the allotted dividend, but her special position under the Act was also to be acknowledged. She had the choice of awaiting discharge from the IVA first. Citations: Gazette 03-Mar-1999, Times … Continue reading In Re M (A Debtor) (488-Io of 1996): ChD 10 Feb 1999
Millett LJ discussed the assertion of a vendor’s lien where a third party would be adversely affected: ‘A party with an equitable charge can be taken to agree to the postponement of his property against any party who was allowed to his knowledge to purchase the land on the faith that it is unencumbered.’ and … Continue reading Barclays Bank Plc v Estates and Commercial Limited: CA 20 Feb 1996
The court considered a fear of persecution as founding a claim for asylum where a family member attracts the adverse attention of the authorities, whether for non-Convention reasons or reasons unknown, and persecutory treatment is then directed to other family members. Held: ‘his family may form a particular social group within the meaning of the … Continue reading Regina v Immigration Appeal Tribunal ex parte De Melo and ex parte De Araujo: Admn 19 Jul 1996
A refugee from Bosnia moved from Kirklees to London, where she applied for accomodation as being homeless. Hammersmith accepted that she was owed a duty, but referred her back to Kirklees in September. Her solicitors then sent in more material which the LHA considered before, in January, refusing her again. The reconsideration of the case … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: CA 2 Jan 1996
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by it, a Member State imposes a condition which is likely to be more easily fulfilled by the children of its own nationals than … Continue reading Commission v Belgium: ECJ 12 Sep 1996
(Professional Conduct Committee of the GMC) Citations: [1996] UKPC 41 Links: Bailii Citing: See Also – Regina v General Medical Council ex parte Dr K S Trivedi CA 3-Mar-1996 . . See Also – Regina v South Humberside Health Authority ex parte Trivedi Admn 17-Apr-1997 . . See Also – Trivedi v Royal Hull Hospitals … Continue reading Trivedi v the General Medical Council: PC 18 Nov 1996
The bank sought to enforce a guarantee against the estate of the deceased guarantor. The executors alleged undue influence. The bank appealed. Held: Where the other contracting party had had actual knowledge of the undue influence or misrepresentation the victim might not be held to the contract. Citations: [1996] EWCA Civ 558, [1997] 1 WLR … Continue reading Banco Exterior Internacional SA (Formerly Banco Exterior – UK a Limited Liability Company Incorporated Under the Laws of Spain) v Thomas and Barry the Executors of Patricia Dempsey: CA 31 Jul 1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits such as income support. The Act should be read so as to disallow … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc: QBD 8 Oct 1996
The right of a prisoner to provide a recorded message for a radio station could properly be curtailed. Citations: Unreported 15 February 1996 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2) QBD … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Bamber: CA 15 Feb 1996
A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the … Continue reading Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996
The complaint was that the mandatory child support payments meant that the father could not visit his children as often as he was entitled under the court’s order to do. The complaint of a direct breach of article 8 failed because he could not show that the impact upon his family life was sufficiently grave, … Continue reading Logan v United Kingdom: ECHR 6 Sep 1996
The keeping of a pet does not fall within the sphere of the owner’s private or family life for the purposes of Article 8. Citations: (1996) 21 EHRR CD 85 Statutes: European Convention on Human Rights 8 Cited by: Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005 The various … Continue reading Bullock v United Kingdom: ECHR 1996
The debtor had been ordered to pay his wife a sum by way of ancillary relief in matrimonial proceedings. He then proposed an IVA, which was approved at a creditors meeting. W had notice but did not attend. She along with all other creditors was to receive a part payment in full and final settlement. … Continue reading Re A Debtor (No.488 IO of 1996), JP v A Debtor: ChD 1999
The question of whether or not a defendant has done all that he can ‘reasonably be expected’ to do to comply with a planning enforcement notice is a matter for the tribunal of fact whether it be the magistrates or the jury. Citations: (1996) 1 PLR 1 Cited by: Cited – Wood, Regina v CACD … Continue reading Kent County Council v Brockman: 1996
The claimant was the former wife of the deceased. She had been divorced from him 19 years before his death and their matrimonial finances had been settled by a lump sum paid to her as a clean break. There had been no financial relationship between them for the next 19 years, although they had remained … Continue reading Cameron v Treasury Solicitor: 1996
Wall J commented on the diffculties arising where an allegation of child abuse remained unresolved on the evidence: ‘It has also had the effect, in the instant case, of producing the worst of all worlds. The father remains under a cloud. Abuse is not proved on the balance of probabilities, but he remains effectively branded … Continue reading Re P (Sexual Abuse: Standard of Proof): FD 1996
The applicant challenged a referral of her application for housing as a homeless person by Hammersmith back to Kirklees from where she had moved. She had a cousin in Hammersmith. Held: Her application for judical review failed. Tucker J: ‘Section 61(1) of the Housing Act provides that a local connection may be established by any … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Avdic: QBD 1996
Citations: [1996] 2 FLR 473 Jurisdiction: England and Wales Cited by: Cited – In re X, (Emergency Protection Orders) FD 16-Mar-2006 Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family. … Continue reading T v W (Contact: Reasons for Refusing Leave): 1996
There was no jurisdiction under section 38(6) to order residential assessment of a family involved in care proceedings. The words ‘other assessment of the child’ had to be construed as ejusdem generis with the words ‘medical or psychiatric examination’. It was importance that the subsection only refers to the examination or assessment ‘of the child’ … Continue reading In Re M (Interim Care Order: Assessment): CA 2 Jan 1996
Judges: His Honour Judge Willans Citations: [2022] EWFC B14 Links: Bailii Statutes: Family Law Act 1996 Jurisdiction: England and Wales Children Updated: 30 April 2022; Ref: scu.675553
‘The fact, if it be so, that evidence so obtained may be used in other proceedings and indeed may be central in those proceedings is no reason for refusing to allow it to be requested’ Lord Fraser said: ‘in judging the nature of the letters rogatory as a whole in the court must look at … Continue reading In re Westinghouse Uranium Contract: HL 1978
Sets limits to the degree of family connection required to establish a connection. Citations: Times 11-Jun-1996 Statutes: Housing Act 1985 61(1) Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.86801
The appellant had lived for a number of years with his grandmother; had then married; had thereupon moved with his bride for three months into a house owned by friends who were abroad; had, throughout that time, left the bulk of his belongings at the grandmother’s property; at the expiry of the three months had … Continue reading Camden London Borough Council v Goldenberg and Another: CA 1 Apr 1996
A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, … Continue reading T Petitioner: OHCS 20 Aug 1996
Existing pharmacy services provided by a doctor’s practice was a relevant consideration in the need for a pharmacy. Citations: Times 08-Jan-1996 Health Professions Updated: 09 April 2022; Ref: scu.86908
New pilot directions for procedures in ancillary relief applications – FDRs. Citations: Times 30-Sep-1996 Family Updated: 09 April 2022; Ref: scu.84937
The direction deals with the circumstances in which the officer who makes an arrest in family proceedings for the breach of a non-molestation or similar order should be asked to attend court personally on the hearing regarding that breach. Unless the circumstances of the arrest itself appeared to be an issue, or unless the officer … Continue reading Practice Direction (Arresting Officer: Attendance): FD 19 Jan 2000
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
The question was raised on whether, given its derivation from article 5 of the trade mark directive, non-trade mark use could be caught by sections 10(1) to (3). Held: There was no trade mark infringement by the use of a common laudatory word. The trade mark registration was cancelled. Courts should look to whether they … Continue reading British Sugar Plc v James Roberston and Sons: ChD 17 Feb 1996
The defendant appealed against sentence of twleve months for causing an impairment of operation of the computer. He had repeatedly disconnected network cables on his employers main network causing very serious disruption to its business. Held: There was substantial personal mitigation: ‘. It is clear that this appellant is unlikely to re-offend. He has worked … Continue reading Feltis, Regina v: CACD 19 Aug 1996
Peter Jackson J [2014] EWFC 48, [2015] 1 WLR 2743, [2015] Fam Law 264, [2015] 2 FLR 1005 Bailii Family Law Act 1996 England and Wales Family Updated: 12 January 2022; Ref: scu.561194
A plaintiff’s knowledge that her injury could be attributed to hypoxia, is not knowledge that the injury is attributable to the act or omission alleged to constitute negligence as might be pleaded in a statement of claim and no ordinary plaintiff could be expected to know that a birth injury was attributable to acts or … Continue reading Spargo v North Essex District Health Authority: QBD 1996
The applicant was a Turkish national resident in Austria. While working there he had paid unemployment insurance contributions. At a stage when he was unemployed he applied for an advance on his pension in the form of emergency assistance. That was available under the material Austrian legislation, but one of the conditions was that the … Continue reading Gaygusuz v Austria: ECHR 16 Sep 1996
(Ontario – Superior Court of Justice) APPEAL – Grounds – Factual findings by trial judge – Deference to trial judge’s factual determinations and findings – Where trial judge has had chance to observe witnesses while testifying and to draw conclusions about credibility, appeal court should not interfere in those factual findings, especially in child custody … Continue reading Snetzko v Snetzko: 27 Jun 1996
A baby boy who was 18 months old, suffered from a life-threatening liver defect. His parents were health-care professionals experienced in the care of sick children. The unanimous medical view was that as soon as donor liver became available the baby should undergo surgery. The prospects of success were good whilst without transplantation the expectation … Continue reading In Re T (A Minor) (Wardship: Medical Treatment): CA 24 Oct 1996
[1996] EWCA Civ 1359 Bailii Inheritance (Provision for Family and Dependants) Act 1975 2 England and Wales Wills and Probate Updated: 30 November 2021; Ref: scu.653895
[1996] UKEAT 1285 – 95 – 2005 Bailii England and Wales Citing: Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995 The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time. Held: Mummery J made the distinction between single … Continue reading Akhter v Family Services Unit: EAT 20 May 1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. The information was recorded, naming the … Continue reading Swinney and Another v Chief Constable of Northumbria: CA 22 Mar 1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The court said that the representation of a litigant in person by a charging non-professional must be only exceptional. Lord Woolf MR, Waite, Waller LJJ Times 01-Jan-1997, [1997] 1 FLR 724, [1996] EWCA Civ 1341, [1997] Fam Law 403, [1997] 2 FCR 217 Bailii Courts and Legal Services Act 1990 17 18 28 England and … Continue reading D v S (Rights of Audience); In re and Application by Dr Pelling: CA 18 Dec 1996
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
Simple interest only on rate swap damages The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could also award compound interest. … Continue reading Westdeutsche Landesbank Girozentrale v Islington London Borough Council: HL 22 May 1996
On an application for a care order the judge found there was a real possibility that sexual abuse had occurred but the evidence was not sufficient to prove the allegations to the requisite standard. The threshold criteria were met on another ground. The children had suffered emotional harm at the hands of the mother and … Continue reading In re M and R (Child abuse: Expert Evidence): CA 21 May 1996
The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He enquired why only some 10 years after the event. He was told … Continue reading Forbes v Wandsworth Health Authority: CA 21 Mar 1996
The patient suffered from irreversible damage to the cerebral cortex and fell into a persistent vegetative state in 1992. Permanently insensate, she remained alive only because feeding and hydration were provided to her artificially and because of . .
The burden of proof which falls on a disappointed beneficiary who seeks rectification of the will, saying that the will did not give effect to a testator’s intentions, is an exacting one.
Chadwick J said: ‘Although the standard of proof . .
A Tunisian national lived in France. In his youth. He was deported after being convicted of a number of serious criminal offences. He returned illegally and formed a relationship with a French national whose child he acknowledged to be his. He . .
In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs . .
The alleged group of Russian security guards at a hotel who feared victimisation by the mafia, did not exist independently of the persecution and were not protected as a group under the Convention: ‘The Secretary of State submits . . that the . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Sentencing for contempt of court after refusal of parents to reveal location of their daughter for proceedings. Judges: Keehan J Citations: [2013] EWHC 3523 (Fam) Links: Bailii Statutes: Family Act 1996 Jurisdiction: England and Wales Contempt of Court, Children Updated: 26 November 2022; Ref: scu.518380
The applicants sought asylum. Their child had a right of residence as a European citizen. Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. Judges: Lord Justice Keene Lord Justice May Lord Justice Wall Citations: Times 07-Jun-2006, [2006] EWCA Civ 484 Links: Bailii Jurisdiction: England and Wales … Continue reading Ali v Secretary of State for the Home Department: CA 3 May 2006
An indulgent father had encouraged his son to build a bungalow on his, the father’s, land. The son had done so in the expectation, encouraged by the father, that he would be permitted to remain in occupation. Held: The court formulated the principle of equitable estoppel on the footing that where a person has expended … Continue reading Inwards v Baker: CA 13 Jan 1965
A contract involving a fraudulent insurance claim will not be enforced by courts. Judges: Sir Stephen Brown P, Russell LJ, Millett LJ Citations: Ind Summary 20-Nov-1995, [1995] EWCA Civ 54, [1996] CLC 377, 50 Con LR 70 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – SQ v RQ and Another FD 31-Jul-2008 The … Continue reading Taylor v Bhail: CA 1 Nov 1995
Citations: [2007] EWCA Civ 1250 Links: Bailii Statutes: Family Law Act 1996 Jurisdiction: England and Wales Family, Contempt of Court Updated: 20 December 2022; Ref: scu.270412
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible. Held: The court was not satisfied that the dismissal of the tenant’s claim was the right result which the law ought to reach and that the tenant ought to have … Continue reading Habinteg Housing Association v Jones: CA 1995
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
A social worker may relate oral admissions made by parents to him to the police without first getting a court’s permission.Butler-Sloss LJ said: ‘I would on balance and in the absence of argument give the more restrictive interpretation to r 4.23 and limit it to documents held by the court in the court file. I … Continue reading In Re G (A Minor) (Social Worker: Disclosure): CA 14 Nov 1995
The mother sought to change the surname of the three children of the family from that of her divorced husband to that of the husband whom she had subsequently married. Her application for leave was refused by the circuit judge. She appealed. Held: The appeal failed. A change of children’s surname was refused despite clear … Continue reading In Re B (Minors) (Change of Surname): CA 1 Dec 1995
The parties, an unmarried cohabiting couple, disputed their respective shares in a property held in the man’s sole name. Both had made direct contributions both to the purchase of a barn and to its expensive conversion into a home. The plaintiff appealed against a finding that she had only a 14.9% interest on a resulting … Continue reading Drake v Whipp: CA 30 Nov 1995
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995
A petition for nullity of a marriage was based upon an allegation of incapacity: ‘Every case of this kind must be decided on its own facts, and an appeal for permanent maintenance after a decree of nullity is not an appeal to a set of fixed principles, but one to the sense of propriety and … Continue reading Gardiner (otherwise Phillips) v Gardiner: 1920
Viscount Simon considered the variety of options available to a court faced with an allegation of adultery: ‘I would add a fifth (consideration) of a more general character, which must, indeed, be regarded as of primary importance, namely, the interest of the community at large, to be judged by maintaining a true balance between respect … Continue reading Blunt v Blunt: 1943
Limits of Police duty to protect A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil claimed against, with another, the Commissioner … Continue reading Osman and another v Ferguson and another: CA 7 Oct 1992
A marriage had been celebrated, but in fact both parties were women. Held: The marriage was annulled: ‘there was plainly no marriage and pronounced a decree nisi (of nullity) saying that the decree could be made absolute forthwith.’ Judges: Ormrod J Citations: (1967) 111 Sol J 213 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Talbot v Talbot: 1967
ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeLack of adequate legal protection in a case concerning a mother’s committal to a psychiatric institution and the placement of her children in care: violationsFacts – The applicant was assisted by the social services from 1996 onwards, having been classified as a disabled person unfit … Continue reading B v Romania (No 2): ECHR 19 Feb 2013
