London Borough of Sutton v MH (No 2): FD 10 Jun 2016

Application brought by the London Borough of Sutton for a care order under Part IV of the Children Act 1989. NH is also, as at the date of this hearing, under section pursuant to section 3 of the Mental Health Act 1983.

MacDonal J
[2016] EWHC 1371 (Fam)
Bailii
Children Act 1989, Mental Health Act 1983
England and Wales

Children, Health

Updated: 18 January 2022; Ref: scu.566437

QS v RS and Another: FD 16 Jun 2016

M applied for an order pursuant to FPR 2010 r 16.25(1)(b) terminating the appointment of the children’s guardian on the grounds that he has expressed a definitive view as to the T’s best interests in a Position Statement drafted on his behalf by CAFCASS Legal prior to the children’s guardian being in receipt of the totality of the evidence in this case.

MacDonald J
[2016] EWHC 1443 (Fam)
Bailii
England and Wales

Children

Updated: 18 January 2022; Ref: scu.566440

PKA v CJC: FD 22 Jun 2016

Application for the court to exercise its inherent, and also statutory, jurisdiction in relation to a child. The applicant mother is British and her home and background are here in England. The respondent father is American. His home and background appear to be entirely in America. However, he was formerly serving in the American military, and it was whilst he was based as an American soldier in Germany that he and the mother first met.

Holman J
[2016] EWHC 1567 (Fam)
Bailii
England and Wales

Children

Updated: 18 January 2022; Ref: scu.566439

Roberts v Gray: CA 19 Dec 1912

Child’s Training Contract was a Necessity

The infant had entered into a contract to go on a tour as a professional billiard player.
Held: The contract could be construed as one for necessaries, because it was for teaching, instruction and employment.
Liability continued despite the fact that it was in part executory.
Hamilton LJ was: ‘unable to appreciate why a contract which is in itself binding, because it is a contract for necessaries not qualified by unreasonable terms, can cease to be binding merely because executory . . If the contract is binding at all, it must be binding for all such remedies as are appropriate to the breach of it.’

Cozens-Hardy MR L, Hamilton LJ
[1913] 1 KB 520, [1911-13] All ER Rep 870, 82 LJKB 362, 108 LT 232, 29 TLR 149, 57 Sol Jo 143, [1912] UKLawRpKQB 181
Commonlii
England and Wales

Contract, Children

Updated: 18 January 2022; Ref: scu.640528

re A (A Child): CA 23 Jun 2016

These two linked appeals concern A, who is a boy of nearly 4 years old. The appellant is A’s father and the respondent is his mother. The appeals are against (1) a collection order made in relation to A by Mr Justice Macdonald on 9 October 2015 at a hearing without notice to the father and (2) an order made by Mr Justice Mostyn on 16 October 2015 requiring the return of A to Sweden the following day ‘unless . . a court in Sweden makes an order that the child can remain in the . . .father’s care until the conclusion of the case’. The collection order was executed on 13 October 2015 and A was put into the care of the local authority, which is where he was at the time of Mostyn J’s order on 16 October 2015, and at the time of the appeal hearing before us. The return order was stayed pending the appeal.

Munby J P FD, Black LJ, Sir Stephen Richards
[2016] EWCA Civ 572
Bailii
England and Wales

Children, International

Updated: 18 January 2022; Ref: scu.565950

In re D (A Child): SC 22 Jun 2016

F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity to take part in the proceedings in Romania. F’s appeal to the Court of appeal having been rejected, he now sought to appeal to the Supreme Court who heard as a preliminary issue M’s argument that it did not have jurisdition to hear such an appeal.
Held: The Court did not have jurisdiction to hear te Appeal. Its general jurisdiction under section 40 of the 2005 Act was subject to any other provision. In this case Regulation 2201/2003 provided that there could be only one appeal at law, and that appeal had been to the Court of Appeal. The leave to appeal was struck out.
The position under BIIR is clear. There is a largely formal first stage when a judgment is declared enforceable; there is to be a first ‘appeal’ when the enforceability decision can be contested; and the decision on that appeal can only be contested by the notified proceedings. The UK’s notification expressly limits the ‘proceedings’ to ‘a single further appeal on a point of law’ which must be made, in England and Wales, to the Court of Appeal.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Hughes
[2016] UKSC 34, [2016] 3 WLR 145, [2016] Fam Law 967, [2016] 3 FCR 1, [2016] 2 FLR 379, [2016] AC 1117, [2016] WLR(D) 340, [2016] 4 All ER 95, UKSC 2016/0048
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary
Council Regulation (EC) No 2201/2003, Council Regulation (EC) No 2201/2003, Constitutional Reform Act 2005 30 40, Brussels II Regulation
England and Wales
Citing:
At first instanceMD v AA and Another FD 31-Jul-2014
M appealed against English orders recognising and registering a decision of the Bucharest Court of Appeal ordered that the custody of D who had lived with his mother in England since the age of eight weeks, should be transferred to his father in . .
Appeal fromD (A Child) (International Recognition) CA 27-Jan-2016
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 . .
CitedRe S (A Child) (Foreign Contact Order) CA 16-Jun-2009
The registration of an order under BIIR is ‘essentially administrative, although it requires a judicial act’ . .

Lists of cited by and citing cases may be incomplete.

Children, International, Constitutional

Updated: 18 January 2022; Ref: scu.565829

London Borough of Brent v C: FD 28 Apr 2016

‘This case raises issues both as to the end-of-life treatment of a very ill child, and as to alleged breaches of rights under the European Convention on Human Rights, in relation to which damages were claimed. ‘

Holman J
[2016] EWHC 1335 (Fam)
Bailii

Children, Human Rights, Health Professions

Updated: 17 January 2022; Ref: scu.565529

Buckinghamshire County Council v MA and Another: FD 16 May 2016

Proceedings brought by Buckinghamshire County Council to make three children wards of court and also pursuant to the Female Genital Mutilation Act 2003. The respondents are the mother and father, respectively, of the children concerned.

Holman J
[2016] EWHC 1338 (Fam)
Bailii
Female Genital Mutilation Act 2003
England and Wales

Children, Crime

Updated: 17 January 2022; Ref: scu.565531

Re F (Children): CA 9 Jun 2016

Appeal against order made in Hague Convention proceedings.
Munby set out the function of the Court of Appeal: ‘Like any judgment, the judgment of the Deputy Judge has to be read as a whole, and having regard to its context and structure. The task facing a judge is not to pass an examination, or to prepare a detailed legal or factual analysis of all the evidence and submissions he has heard. Essentially, the judicial task is twofold: to enable the parties to understand why they have won or lost; and to provide sufficient detail and analysis to enable an appellate court to decide whether or not the judgment is sustainable. The judge need not slavishly restate either the facts, the arguments or the law. To adopt the striking metaphor of Mostyn J in SP v EB and KP [2014] EWHC 3964 (Fam), [2016] 1 FLR 228, para 29, there is no need for the judge to ‘incant mechanically’ passages from the authorities, the evidence or the submissions, as if he were ‘a pilot going through the pre-flight checklist.’
The task of this court is to decide the appeal applying the principles set out in the classic speech of Lord Hoffmann in Piglowska v Piglowski . . It is not the function of an appellate court to strive by tortuous mental gymnastics to find error in the decision under review when in truth there has been none. The concern of the court ought to be substance not semantics. To adopt Lord Hoffmann’s phrase, the court must be wary of becoming embroiled in ‘narrow textual analysis’.’

Sir James Munby P FD, Arden LJ
[2016] EWCA Civ 546
Bailii
England and Wales
Cited by:
AppliedWM v HM FC 9-May-2017
. .

Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 17 January 2022; Ref: scu.565359

LM v CPAS De Seraing: ECJ 4 Mar 2020

(Opinion) Reference for a preliminary ruling – Immigration policy – Return of illegally staying third-country nationals – Parent of a minor child suffering from a serious illness who became of full age during the appeal procedure relating to the rejection of the authorization request of stay – Order to leave the territory – Directive 2008/115 – Article 13 – Legal remedy with suspensive effect – Article 14 – Guarantees pending return – Basic needs – Granting of social assistance to the parent – Charter of rights Fundamentals of the European Union – Articles 7, 24 and 47 – Dependent relationship between parent and seriously ill child

C-402/19, [2020] EUECJ C-402/19_O, ECLI: EU: C: 2020 : 155, [2020] EUECJ C-402/19
Bailii, Bailii
European

Children, Immigration, Human Rights

Updated: 17 January 2022; Ref: scu.654869

PH v AH: FD 9 May 2016

In this action for the return of a child alleged to have been removed to this country, Holman J dicussed the inequality of the availability of legal aid to the parties: ‘Let me say at once that if the mother had been present today, the fact that she has still not obtained legal aid would not weigh with me at all. As I have said in other reported judgments, I personally regard it as grave, if not scandalous, that in applications under the Hague Convention non means tested publicly funded legal aid is automatically made available for applicants, but not for respondents. It is indeed difficult for respondents to obtain legal aid in relation to these cases, and increasingly they appear in person. I regard that as highly undesirable, and indeed a denial of the essential ingredient of a fair trial of equality of arms. But that is the position that has now been reached in this country. It is the policy ultimately of the government, and that being so, it would not have weighed with me that the mother was having to represent herself, if indeed she was present. One simply cannot go on and on and on adjourning applications under the Hague Convention on the off chance that at some later date a respondent parent may obtain some form of legal aid or legal representation.’

Holman J
[2016] EWHC 1131 (Fam)
Bailii
England and Wales
Cited by:
CitedRe B (Litigants In Person: Timely Service of Documents) FD 30-Sep-2016
Respect for litigants in person – proper service
The court considered the situation where in an international child abduction application, papers were served at the door of the court on a party who was unrepresented, and who had little English.
Held: This was plainly wrong. In such cases it . .

Lists of cited by and citing cases may be incomplete.

Children, Legal Aid

Updated: 16 January 2022; Ref: scu.564507

UG v NN: FD 4 Jan 2022

Application for the return of three children to Austria under the 1980 Hague Convention.

The Honourable Mrs Justice Judd DBE
[2022] EWHC 8 (Fam)
Bailii
England and Wales

Children

Updated: 15 January 2022; Ref: scu.670836

Re JK (A Child), (Domestic Abuse: Finding of Fact Hearing): FD 21 May 2021

This judgment follows a finding of fact hearing concerning allegations of a pattern of coercive and/or controlling behaviour during the course of a marriage. The hearing has taken place shortly after the Court of Appeal handed down its judgment in Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA 448 (Civ) in which guidance was given in relation to such hearings.

Mr Justice Poole
[2021] EWHC 1367 (Fam)
Bailii
England and Wales

Family, Children

Updated: 14 January 2022; Ref: scu.663807

Katherine Sinclair and Trustee; and Henrietta Janet, Emilia and Margaret Sinclair, Infants, and James Sinclair, Their Administrator At Law v David Thriepland Sinclair, Esq, An Infant, and Stewart Thriepland, His Administrator At Law: HL 13 Feb 1770

Provision – Discharge by one Child of Share of Conquest – How it Operates as to the other Children.-
The bonds of provision fell under the father’s powers of distribution, and therefore effectual to bar the children from further claim, if these were accepted by them, but not otherwise: and that Katherine was not bound to accept of her bond of provision.

[1770] UKHL 2 – Paton – 199
Bailii
Scotland

Children

Updated: 13 January 2022; Ref: scu.561665

Archibald Douglas v Duke of Hamilton and Ohers: HL 27 Feb 1769

Filiation – Proof – Onus Probandi.-
Circumstances in which held, that children born in France, of a certain marriage, were the lawful children begotten of that marriage-and that the appellant, having acquired his status as such-and having been served and retoured the lawful son and heir of the parties, that he was entitled to be protected in that status until the contrary was proved; Ques. Whether the onus probandi of proving the reverse, lay on those who impugned his birth.

[1769] UKHL 2 – Paton – 143
Bailii
Scotland

Children

Updated: 13 January 2022; Ref: scu.561655

Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision.
Held: A declaration was refused. The propositions put forward on their behalf were ‘a travesty of reality’.
Munby LJ said: ‘No one is asserting that Christians (or, for that matter, Jews or Muslims) are not ‘fit and proper’ persons to foster or adopt. No one is contending for a blanket ban. No one is seeking to de-legitimise Christianity or any other faith or belief. No one is seeking to force Christians or adherents of other faiths into the closet. No one is asserting that the claimants are bigots. No one is seeking to give Christians, Jews or Muslims or, indeed, peoples of any faith, a second class status. On the contrary, it is fundamental to our law, to our polity and to our way of life, that everyone is equal: equal before the law and equal as a human being endowed with reason and entitled to dignity and respect. . . it is important to realise that reliance upon religious belief, however conscientious the belief and however ancient and respectable the religion, can never of itself immunise the believer from the reach of the secular law. And invocation of religious belief does not necessarily provide a defence to what is otherwise a valid claim.
The authority’s proposed line was not discriminatory: ‘If the defendant’s treatment is the result of the claimants’ expressed antipathy, objection to, or disapproval of homosexuality and same-sex relationships it is clear, on authorities which bind us, namely the decisions of the Court of Appeal in Ladele and McFarlane, that it would not be because of their religious belief. Moreover, the defendant’s treatment of the claimants would not be less favourable than that afforded other persons who, for reasons other than the religious views of the claimants, expressed objection to, or disapproval of, homosexuality and same-sex relationships’

Munby LJ, Beatson J
[2011] EWHC 375 (Admin)
Bailii
Equality Act 2006, Equality Act (Sexual Orientation) Regulations 2007, Fostering Services Regulations 2002, SI 2002/5, European Convention on Human Rights 8 14
England and Wales
Citing:
CitedLindo, By Her Guardian v Belisario 5-Jun-1795
(Consistory Court of London) Sir William Scott considered the notion of marriage: ‘The opinions which have divided the world, or writers at least, on this subject, are, generally, two. It is held by some persons that marriage is a contract merely . .
CitedTurner v Meyers (falsely calling herself Turner) 6-May-1808
Sir William referred to the view of ‘the mysterious nature of the contract of marriage, in which its spiritual nature almost entirely obliterated its civil character’ as a notion that prevailed in the dark ages: ‘In more modern times it has been . .
CitedE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
CitedKC and Another v City of Westminster Social and Community Services Dept. and Another; Westminster City Council v C and others CA 19-Mar-2008
A ‘marriage’ though valid under both Sharia law and the lex loci celebrationis despite the manifest incapacity of one of the parties was not, on grounds of public policy, entitled to recognition in English law.
The 2005 Act has not abolished . .
CitedHyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
CitedBowman v Secular Society Limited HL 1917
The plantiff argued that the the objects of the Secular Society Ltd, which had been registered under the Companies Acts, were unlawful.
Held: The House referred to ‘the last persons to go to the stake in this country pro salute animae’ in 1612 . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedMcFarlane v Relate Avon Ltd CA 29-Apr-2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but . .
CitedLadele v London Borough of Islington CA 15-Dec-2009
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs.
Held: The council’s decision had clearly disadvantaged the claimant, and the question . .
CitedCampbell and Cosans v The United Kingdom ECHR 25-Feb-1982
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and . .
CitedThe Moscow Branch of The Salvation Army v Russia ECHR 5-Oct-2006
The Salvation Army complained that the respondent had refused to allow its registration as a religious association, thus denying its members the right to practice their religion.
Held: The court stressed both the importance of the rights . .
CitedPalau Martinez v France ECHR 16-Dec-2003
A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the . .
CitedLeyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .
CitedEB v France ECHR 22-Jan-2008
The claimant, a homosexual woman, complained that her homosexuality had meant her disqualification from adopting a child.
Held: There is no right to foster, but the provision was an unlawful discrimination. The denial of adoption to a woman in . .
CitedEweida v British Airways Plc CA 12-Feb-2010
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly . .
CitedKalac v Turkey ECHR 1-Jul-1997
In exercising his freedom to manifest his beliefs an individual ‘may need to take his specific situation into account.’ ‘The Commission recalls that the expression ‘in accordance with the law’, within the meaning of Article 9(2), requires first that . .
CitedThlimmenos v Greece ECHR 6-Apr-2000
(Grand Chamber) The application of a rule that a felon could not become a chartered accountant infringed the rights under article 14, taken in conjunction with article 9, of a pacifist convicted of the felony of refusing to perform military service. . .
CitedCopsey v WWB Devon Clays Ltd CA 25-Jul-2005
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays.
Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .

Cited by:
CitedNational Secular Society and Another, Regina (on The Application of) v Bideford Town Council Admn 10-Feb-2012
The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: . .

Lists of cited by and citing cases may be incomplete.

Children, Discrimination, Human Rights

Updated: 13 January 2022; Ref: scu.430083

XM v XF: FD 13 May 2021

Arrangements for two small children in relation the time they will spend between their two parents’ homes in circumstances where those parents are now living separately and apart following the breakdown of their marriage

The Honourable Mrs Justice Roberts
[2021] EWHC 1279 (Fam)
Bailii
England and Wales

Children

Updated: 13 January 2022; Ref: scu.663814

AB v CD and Others: FD 26 Mar 2021

Application by AB, the mother of XY, for a declaration that she and CD (the father of XY) have the ability in law to consent on behalf of XY to the administration of hormone treatment to suppress puberty, known as puberty blockers – whether XY’s parents can consent to the treatment or whether the decision as to whether XY should be prescribed PBs should come before the Court, either as a matter of legal requirement or as a matter of good practice.

Mrs Justice Lieven
[2021] EWHC 741 (Fam)
Bailii
England and Wales

Children, Health

Updated: 13 January 2022; Ref: scu.663785

Abbasi and Another v Newcastle Upon Tyne Hospitals NHS Foundation Trust: FD 23 Jun 2021

Jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of ‘end of life’ proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.

Sir Andrew Mcfarlane P
[2021] EWHC 1699 (Admin)
Bailii
England and Wales

Media, Children

Updated: 13 January 2022; Ref: scu.663815

PG v TW: FD 21 Nov 2012

Application by PG, mother under Schedule 1 of the Children Act 1989 for financial remedies by way of housing capital and periodic financial provision, including education costs, for her daughter Z, born in 2008, the child of her former relationship with the respondent father.

Horowitz QC HHJ
[2012] EWHC B36 (Fam)
Bailii
England and Wales

Children

Updated: 12 January 2022; Ref: scu.561556

A (A Child) (Abduction: Jurisdiction: 1996 Hague Convention): FD 10 Mar 2021

Father’s application dated 18th August 2020 under the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’) that jurisdiction be transferred to Switzerland pursuant to Article 8 of that Convention where the parties’ child is currently living with her father. The application is opposed by the mother and the guardian.

Mrs Justice Arbuthnot
[2021] EWHC 581 (Fam)
Bailii
Child Abduction and Custody Act 1985, 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement in Respect of Parental Responsibility and Measures for the Protection of Children
England and Wales

Children

Updated: 12 January 2022; Ref: scu.663782

British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers.
Held: The names of the social workers had been withheld originally to protect the identity of the children. The local authority’s request for the continuation of the orders was refused. Any delay had not been sufficiently detrimental to prevent them defending themselves.
Ryder J said: ‘article 8 of the Convention protects the right to establish, maintain and develop relationships with other human beings’.

Ryder J
[2005] EWHC 2862 (Fam), [2007] 1 FLR 101, [2006] EMLR 117
Bailii
European Convention on Human Rights 8
England and Wales
Citing:
See AlsoRochdale Metropolitan Borough Council v A 1991
Ten children were taken into care amid allegations of ritual satanic sex abuse.
Held: the allegations were not proved. All but four of the children were returned home. Injunctions were granted to protect the identify of the children and of the . .
CitedIn re Manda CA 1993
A wardship court can extend its protection beyond the age of majority where a public interest was identified that required it. Whilst those who give evidence in child proceedings can normally assume that their evidence will remain confidential, they . .
CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
CitedAxen v Germany ECHR 8-Dec-1983
‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, . .
CitedK v United Kingdom 1986
The existence of a close personal relationship between adults and their children or as between adults and their own parents will of necessity be capable of being construed as family life. . .
CitedA Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedObserver and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
CitedCream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
CitedPeck v The United Kingdom ECHR 28-Jan-2003
peck_ukECHR2003
The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness . .
CitedPrager And Oberschlick v Austria ECHR 26-Apr-1995
Article 10 requires that journalists be permitted a good deal of latitude in how they present their material and that a degree of exaggeration must also be accepted. The media have a special place in any democratic society as purveyor of information . .
CitedBotta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
CitedBensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
CitedX v Dempster FD 9-Nov-1998
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother.
Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the . .
CitedRe X (Disclosure of Information) FD 2001
There cannot be an expectation that expert evidence given in a children’s court will always stay confidential. The various aspects of confidentiality will have greater or lesser weight on the facts of each case. Munby J: ‘Wrapped up in this concept . .
CitedBritish Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
CitedIn re W (Children) (Care Proceedings: Witness anonymity) CA 7-Oct-2002
In care proceedings, the court had allowed a social worker to give evidence in such a way that her identity was hidden. She was in fear of violence.
Held: It was possible for a civil court to provide anonymity. These public law proceedings . .
CitedH v France ECHR 24-Oct-1989
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses . .

Cited by:
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
CitedIn re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .

Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 10 January 2022; Ref: scu.236621