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K v United Kingdom: ECHR 1986

(Commission) The existence of family ties depends upon ‘the real existence in practice of close family ties.’ Citations: (1986) 50 DR 199 Jurisdiction: Human Rights Cited by: Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006 A mother sought to challenge guidelines issued by the respondent … Continue reading K v United Kingdom: ECHR 1986

Saunders v Edwards: CA 24 Mar 1986

The parties had agreed for the sale and purchase of land and chattels, but had deliberately misdescribed the apportionment so as to reduce tax liability. The purchasers then brought an action for misrepresentation. The vendor replied that the action shoud fail since the contract was tainted with the fraud. Held: The defence failed. The misrepresentation … Continue reading Saunders v Edwards: CA 24 Mar 1986

Grant v Edwards and Edwards: CA 24 Mar 1986

A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names was because she was involved in divorce proceedings and that, if the property … Continue reading Grant v Edwards and Edwards: CA 24 Mar 1986

G, Re (Human Fertilisation and Embryology Act 2008): FD 6 Apr 2016

The applicant sought a declaration of parenthood. She and her same sex partner had been asked to signthe wrong forms when undergoing fertility treatment. Held: The court was able to rely upon the euitable doctrine of recification were there had, as here, been a clear mistake. In this cas a wholesale transposition of the content … Continue reading G, Re (Human Fertilisation and Embryology Act 2008): FD 6 Apr 2016

Williams v Lawrence and Another: ChD 28 Jul 2011

The claimant, as trustee for the deceased’s insolvent estate, sought a declaration that a transfer of the deceased’s share in property made by the executors was void as being at an undervalue. The property was subject to a right of occupation in favour of one of the purchaser, one of the defendants, and therefore reduced … Continue reading Williams v Lawrence and Another: ChD 28 Jul 2011

Malayan Credit Ltd v Jack Chia-MPH Ltd: PC 1986

The Board considered whether there were only three situations in which joint owners of property could be found to be tenants in common, and whether there were other circumstances which could lead to a contrary conclusion. Held: It was improbable that a joint tenancy in equity was intended where joint tenants in law held commercial … Continue reading Malayan Credit Ltd v Jack Chia-MPH Ltd: PC 1986

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986

Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986

Acts

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

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The a hearing was listed as in Private restricted only that certain people only were entitled to … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

In re K (A Child: Stranding: Forum Conveniens: Anti-Suit Injunction): FD 1 Mar 2019

M’s application for return of child from India – F denying jurisdiction – availability of anti-suit injunction in children cases Judges: Williams J Citations: [2019] EWHC 466 (Fam), [2019] 4 WLR 38, [2019] WLR(D) 155 Links: Bailii, WLRD Statutes: Family Law Act 1986 5(2) Jurisdiction: England and Wales Children Updated: 17 June 2022; Ref: scu.635810

Aylward-Davies v Chesterman and Another: FC 4 Feb 2022

Application by AD in Form C63 seeking a declaration of parentage under s55A of the Family Law Act 1986. Specifically she seeks a declaration that Patrick Aylward (now deceased) was her biological father. Judges: Mr Justice Mostyn Citations: [2022] EWFC 4 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Gallagher v Gallagher (No … Continue reading Aylward-Davies v Chesterman and Another: FC 4 Feb 2022

AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

D v D (Recognition of Foreign Divorce): FD 13 Oct 1993

Ghanaian dissolution of marriage was invalid and not recognised here since the wife had not been allowed any involvement. Citations: Independent 13-Oct-1993, [1994] 1 FLR 38 Statutes: Family Law Act 1986 46 Jurisdiction: England and Wales Cited by: Cited – Duhur-Johnson v Duhur-Johnson FD 3-May-2005 The husband sought to stay divorce proceedings commenced here by … Continue reading D v D (Recognition of Foreign Divorce): FD 13 Oct 1993

H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce): FD 2006

The court considered the validity of a consensual form of divorce kyogi rikon in Japanese law, the most common form of divorce in Japan. The consent is by written form not judicial act but the signing must be followed by formal registration before a government official in prescribed form. Held: The involvement of the state … Continue reading H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce): FD 2006

S v S (Chief Constable of West Yorkshire Police Intervening): CA 9 Sep 1998

A court should order the police to divulge the address of a child in contact cases where they are re-assured that the child is not at risk, but, for example, domestic violence may have occurred. An officer cannot promise confidentiality but his views should be respected. Citations: Gazette 09-Sep-1998, Gazette 16-Sep-1998, Times 24-Aug-1998 Statutes: Children … Continue reading S v S (Chief Constable of West Yorkshire Police Intervening): CA 9 Sep 1998

In Re K (Abduction: Consent: Forum Conveniens): 1995

An application was made to stay proceedings here for the return of a child to the other parent’s country of jurisdiction on the ground that the question has already been determined, or that it is more appropriate for it to be determined, in proceedings in another jurisdiction. Held: Section 5 might be used for that … Continue reading In Re K (Abduction: Consent: Forum Conveniens): 1995

El Fadl v El Fadl: FD 2000

The court was asked as to the recognition of a Sharia compliant divorce between Lebanese Muslims. Under the relevant Lebanese 1962 legislation a Talaq was to be pronounced before 2 witnesses, a requirement of most systems of traditional Islamic Local Authority. The 1962 Act then imposed registration before a Sharia Court. Next, follows compulsory registration … Continue reading El Fadl v El Fadl: FD 2000

Secretary of State for Work and Pensions v Jones: FD 2 Jul 2003

The appellant Secretary of State challenged a decision of magistrates as to whether the respondent was the father of a child for whom Child Support was sought. The mother had been married, but had been living with the respondent at the appropriate time. The respondent had refused to provide a DNA sample for testing. The … Continue reading Secretary of State for Work and Pensions v Jones: FD 2 Jul 2003

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006

P v P (Transgender Applicant for Declaration of Valid Marriage): FD 20 Nov 2019

Application for a declaration pursuant to section 55(1)(a) of the Family Law Act 1986; the declaration sought is that a marriage which was conducted on St Valentine’s Day in 2009, between AP and JP, is a valid marriage. The Honourable Mr Justice Cobb [2019] EWHC 3105 (Fam) Bailii Family Law Act 1986 55(1)(a) England and … Continue reading P v P (Transgender Applicant for Declaration of Valid Marriage): FD 20 Nov 2019

In re K (Children): CA 2 Sep 2014

The court considered the circumstances arising after the forced removal of two boys from their mother’s care in the context of a contact and residence dispute between the parents, Ryder, Vos LJJ, David Richards J [2014] EWCA Civ 1195 Bailii Family Law Act 1986 England and Wales Children Updated: 20 December 2021; Ref: scu.536354

Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020

Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020

Liaw v Lee (Recognition of Divorce): FD 3 Jun 2015

The applicant sought that the decrees nisi and absolute of divorce issued by the High Court of Malaya at Shah Alam in favour of the respondent husband be refused recognition in England and Wales. Held: The application was granted: ‘the husband and his solicitor engaged in sharp practice in obtaining the divorce in Malaysia. A … Continue reading Liaw v Lee (Recognition of Divorce): FD 3 Jun 2015

Sulaiman v Juffali: FD 9 Nov 2001

A talaq pronounced in England as between parties who were Saudi nationals was not to be recognised in English law as a valid extra judicial overseas divorce, even though it otherwise complied with Sharia law. Section 44(1)(a) provides that no . .

AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005

The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate. Held: The limitation period against a personal representative began to run only after one year, the executor’s year, after the grant. No … Continue reading Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005

Ingram and Another v Inland Revenue Commissioners: ChD 23 May 1995

Lady Ingram had first conveyed properties to her solicitor who on the next day let the properties back to her, and on the day after conveyed the freehold of the properties to her family. Held: The leases in favour of Lady Ingram, having been granted by a nominee to his principal, were a nullity. However, … Continue reading Ingram and Another v Inland Revenue Commissioners: ChD 23 May 1995

MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003

Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003

Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek: CA 12 Jul 2004

The claimant sought damages for discrimination by the respondent, who replied that as a professional he was not a ‘worker’ within the legislation. Held: The respondents were a society providing advice and representation to its members. It was an organisation of workers. To fall within the ambit of the category of ‘any other organisation’ the … Continue reading Medical Protection Society, Dr Bown, Dr Hickey v Dr Sadek: CA 12 Jul 2004

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

Regina v Graham (Paul): CACD 18 Dec 1981

The defence of duress requires establishment of a reasonable belief. In judging the accused’s response the test is: ‘have the prosecution made the jury sure that a sober person of reasonable firmness, sharing the characteristics of the defendant, would not have responded to whatever he reasonably believed [the threatener] said or did by taking part … Continue reading Regina v Graham (Paul): CACD 18 Dec 1981

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Karner v Austria: ECHR 24 Jul 2003

A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003

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

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

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

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

Director of Public Prosecutions for Northern Ireland v Lynch: HL 1975

The House considered the availability of duress as a defence on a charge of aiding and abetting murder. Referring to the basic elements of criminal liability, mens rea and actus reus: ‘Both terms have, however, justified themselves by their usefulness; and I shall myself employ them in their traditional senses – namely, actus reus to … Continue reading Director of Public Prosecutions for Northern Ireland v Lynch: HL 1975

Kennedy v The Charity Commission: SC 26 Mar 2014

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

Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department: Admn 16 Nov 2001

The claimant requested the defendant authority to remove his details from the electoral register before it was sold on to third parties. They refused. He claimed that the information had been obtained from him under penalty of criminal charges, and that to sell it on was an interference with his right to a private and … Continue reading Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department: Admn 16 Nov 2001

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

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

Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998

To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family. Held: The lease-back by the nominee was not void as a grant of a lease to herself. Lord Hoffmann said: ‘whether … Continue reading Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998

Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago: PC 12 Oct 2004

(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was not brought to court, and sought habeas corpus. An order was … Continue reading Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago: PC 12 Oct 2004

Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant argued that UN resolution 1546 requiring it to maintain order in Iraq displaced the … Continue reading Al-Jedda, Regina (on the Application of) v Secretary of State for Defence: Admn 12 Aug 2005

Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995

The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided with accommodation in accordance with section 65(2) of the 1985 Act was … Continue reading Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995

Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001

The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary admission did not create a sufficient status by virtue of section 11. … Continue reading Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001

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

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