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In Re S (A Minor) (Change of Surname): CA 15 Dec 1998

When a child in care applied for leave to change his surname, the court should allow for the age of the child applying the Gillick competence test, and the views of a guardian ad litem, and scrutinise carefully the motives of someone who sought to oppose the application. Judges: Thorpe LJ, Mummery LJ Citations: Gazette … Continue reading In Re S (A Minor) (Change of Surname): CA 15 Dec 1998

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

A, Regina (on the Application of) v Coventry City Council: Admn 22 Jan 2009

Judges: Anthony Edward-Stuart QC Citations: [2009] EWHC 34 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009 The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local … Continue reading A, Regina (on the Application of) v Coventry City Council: Admn 22 Jan 2009

A, Regina (on the Application Of) v Hertfordshire County Council: CA 22 Mar 2001

Issue about the power of a local authority social services department to communicate to the education department of the authority and to school governors the conclusion which it has reached after enquiries under section 47 of the Children Act 1989 that a head teacher presents a risk of significant harm to children. Citations: [2001] EWCA … Continue reading A, Regina (on the Application Of) v Hertfordshire County Council: CA 22 Mar 2001

B and B v A County Council: CA 21 Nov 2006

The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006

Waple v Surrey County Council: CA 17 Dec 1997

The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed to them allegations against them. The allegations were withdrawn, and apologised for, but … Continue reading Waple v Surrey County Council: CA 17 Dec 1997

In Re C (A Minor) (Change of Name): CA 2 Feb 1998

A parent challenging a child’s lawful change of name after the event must do so against the background at time of name change; cogent reasons were needed. Citations: Times 02-Feb-1998 Statutes: Children Act 1989 Jurisdiction: England and Wales Cited by: Cited – In Re T (A Minor)(Change of Surname) FD 8-Jul-1998 A child’s surname should … Continue reading In Re C (A Minor) (Change of Name): CA 2 Feb 1998

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

Regina v Sefton Metropolitan Borough Council ex parte Help the Aged ex parte Blanchard: CA 31 Jul 1997

Citations: [1997] EWCA Civ 2265, (1997) 1 CCLR 57, [1997] 4 All ER 532, [1997] 38 BMLR 135 Jurisdiction: England and Wales Citing: Appeal from – Regina v Sefton Borough Council ex parte Help the Aged Admn 26-Mar-1997 A Local Authority was entitled to look to its financial resources before setting the standards and levels … Continue reading Regina v Sefton Metropolitan Borough Council ex parte Help the Aged ex parte Blanchard: CA 31 Jul 1997

In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997

Regina (Behre and Others) v Hillingdon London Borough Council: Admn 29 Aug 2003

Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they were 18. They claimed a duty under the 200 Act to continue to assist them. Held: Under the 2000 Act a duty was owed to a ‘former relevant child’ – a person who had … Continue reading Regina (Behre and Others) v Hillingdon London Borough Council: Admn 29 Aug 2003

R (a Child), Birmingham City Council v LR (MRR’s Mother) and others: CA 20 Dec 2006

The court considered the special guardianship provisions as inserted into the 1989 Act. Held: An individual who needed leave from the court before applying for a special guardianship order had to do so before giving notice to the local authority of his intention to apply for a special guardianship order. Judges: Lord Justice Thorpe, Lord … Continue reading R (a Child), Birmingham City Council v LR (MRR’s Mother) and others: CA 20 Dec 2006

In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 1993

Neither the Children Act nor the court’s inherent jurisdiction allows the making of an ouster order without violence. A specific issue order gave no jurisdiction for the ouster of a joint tenant father. In the case of an ouster order to protect children, the court may use its power to order a transfer of property. … Continue reading In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 1993

Dobbie v Medway Health Authority: CA 11 May 1994

The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be benign. The patient knew very soon after the operation that the lump … Continue reading Dobbie v Medway Health Authority: CA 11 May 1994

B (A Child); Re C (Welfare of Child: Immunisation): CA 30 Jul 2003

The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation. Held: Whether a child was to be refused immunisation was an issue on which both parents should be involved. ‘the present case is seen not as some significant novelty requiring guidance … Continue reading B (A Child); Re C (Welfare of Child: Immunisation): CA 30 Jul 2003

Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003

SH v HH (Jurisdiction to Grant Wardship): CA 8 Jul 2011

The British father, of Afghan origin, travelled back to Afghanistan to marry. His wife, the mother, planned to come to England but had never left Afghanistan when their first child was born. Her subsequent journey (alone) to England may have resulted in her own habitual residence being established in England, but clearly could not affect … Continue reading SH v HH (Jurisdiction to Grant Wardship): CA 8 Jul 2011

In re W (A Child): CA 31 Mar 2011

The mother appealed against a judge’s refusal in care proceedings to make a direction under section 38(6) of the Children Act 1989. Citations: [2011] EWCA Civ 661 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 13 September 2022; Ref: scu.440315

Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004

The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Bewry, Regina (on The Application of) v Norfolk County Council: Admn 6 Oct 2010

The claimant had had foster care of two children. They were with temporary respite placements when the respondent decided to place in a different foster setting but without consulting the claimant or otherwise giving him notice. Held: (ex tempore) The request was granted. There was no general duty at common law to consult with a … Continue reading Bewry, Regina (on The Application of) v Norfolk County Council: Admn 6 Oct 2010

SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010

The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its … Continue reading SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Launder v The United Kingdom: ECHR 8 Dec 1997

The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997

French and others v Chief Constable of Sussex Police: CA 28 Mar 2006

The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. Held: The claim failed: ‘these claimants have no real prospect of establishing that it was reasonably foreseeable that the corporate failings would cause them psychiatric … Continue reading French and others v Chief Constable of Sussex Police: CA 28 Mar 2006

Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

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

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

D and F Estates v Church Commissioners for England: HL 14 Jul 1988

The House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the negligence or other torts committed by the contractor in the course of the execution of the work. … Continue reading D and F Estates v Church Commissioners for England: HL 14 Jul 1988

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

McKennitt and others v Ash and Another: QBD 21 Dec 2005

The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005

ETS v BT; in re T (A child); In Re L (a child) (internal relocation: shared residence order: CA 28 Jan 2009

The mother appealed against a residence order granting the father equal time with the child, saying that she wished to move away. Held: Wall LJ examined the authorities.Wall LJ P said: ‘In twenty years time it will not matter a row of beans whether or not L spent x or y hours more with one … Continue reading ETS v BT; in re T (A child); In Re L (a child) (internal relocation: shared residence order: CA 28 Jan 2009

A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act. Judges: Ward, maurice Kay LJJ, Sir John Chadwick Citations: [2008] EWCA Civ 1445, [2009] PTSR 1011, [2009] ACD 17, [2009] … Continue reading A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

In re B (A Child) (Prohibited Steps Order): CA 24 Jul 2007

The mother appealed against a refusal of an order allowing her to remove her son to live with her in Northern Ireland. Held: Thorpe LJ said that the relief appropriately to be sought by the objecting parent is a prohibited steps order. Judges: Thorpe, Lloyd, Toulson LJJ Citations: [2007] EWCA Civ 1055, [2008] Fam Law … Continue reading In re B (A Child) (Prohibited Steps Order): CA 24 Jul 2007

In 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 be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008

M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards children aged 16 and 17 without support from their families. The 1989 Act referred to … Continue reading M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008

Ofulue and Another v Bossert: CA 29 Jan 2008

The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008

Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008

The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and inadmissible against a co-accused in the extraditing country, Spain. Held: The appeal failed. ‘The question whether there is … Continue reading Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008

Re H (A Child Parental Responsibility : Vaccination): CA 22 May 2020

he parents of H objected to the vaccination of their young baby. They now appealed from care and placement orders made as a consequence. They had also declined to register the birth saying that the authorities had no jurisdiction. As to vaccination there had been conflicting first instance decisions. Judges: Lady Justice King, Lord Justice … Continue reading Re H (A Child Parental Responsibility : Vaccination): CA 22 May 2020

Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and … Continue reading Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by analogy, the principle that costs are not usually ordered in child cases. Held: The appeal … Continue reading Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

Clayton v Clayton: CA 27 Jun 2006

The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified. Held: The protection given by the order against identification of the child did not continue beyond the … Continue reading Clayton v Clayton: CA 27 Jun 2006

L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006

The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001

The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001

In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

In re E (A Child): CA 22 Nov 2012

Where a minor is accommodated voluntarily under Section 20 of the Children Act 1989, is the court prevented by Section 100 of the same Act from making the child a ward of court? Judges: Lord Justice Thorpe Citations: [2012] EWCA Civ 1773 Links: Bailii Jurisdiction: England and Wales Children Updated: 28 June 2022; Ref: scu.470113

Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

Griffiths v Tickle and Others: CA 10 Dec 2021

Appeal against a decision of the High Court that a fact-finding judgment in proceedings under the Children Act 1989 should be published with the names of the father and the mother included, and only relatively modest redactions, primarily aimed at mitigating the impact of publication on the couple’s infant child. The appellant is the father, … Continue reading Griffiths v Tickle and Others: CA 10 Dec 2021

Re I and E (Residential Assessment Order): CA 1997

Gilliat C, the child was the subject of proceedings. There were five other children, the authority had concerns about her abilities, and the father was a Schedule 1 sex offender. Two children exhibited sexualised and abusive behaviour at school. The court had previously ordered removal of the boys for assessment. Further orders were made for … Continue reading Re I and E (Residential Assessment Order): CA 1997

Jennings v Buchanan: PC 14 Jul 2004

(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 Jul 2004

Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police: CA 6 Jul 2004

The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest. Held: ‘The question is thus whether, having regard to all the circumstances … Continue reading Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police: CA 6 Jul 2004

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 had been fully canvassed by the ECHR. The time had come for the court to consider in each case whether a proper balance of competing … Continue reading Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening: CA 5 Jul 2004

Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997

The Applicant was 65 years old, with a history of criminal offences including serious sexual assaults on children. On release from prison, he presented himself as homeless. After his imprisonment, he had realised that he would be unable to keep up the rent, and surrendered his tenancy. Held: A deliberate act which in fact lead … Continue reading Regina v London Borough of Hounslow ex parte R: Admn 19 Feb 1997

M v London Borough of Islington and Another: CA 2 Apr 2004

The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004

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

Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

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

Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

Regina (W) v Lambeth London Borough Council: CA 3 May 2002

A family had been found to be voluntarily homeless. The family asked the authority to provide housing to the family under the 1989 Act from its duty to care for the children. Held: The 1989 Act did not change the law in the 1980 Act. The authority had a power to assist and Another child … Continue reading Regina (W) v Lambeth London Borough Council: CA 3 May 2002

Percy v Director of Public Prosecutions: Admn 21 Dec 2001

The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001

Regina (L and Others) v Manchester City Council, Regina (R and Another) v Same: QBD 28 Sep 2001

The council had a policy under which the financial assistance it gave to short term foster carers who were relatives of the children involved was rather less than would be given to non-family carers. The policy was challenged as unreasonable. Held: The policy which imposed arbitrary financial limits was unreasonable, and would inevitably conflict with … Continue reading Regina (L and Others) v Manchester City Council, Regina (R and Another) v Same: QBD 28 Sep 2001

Loizidou v Turkey: ECHR 23 Mar 1995

(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ under this provision is not restricted to the national territory of the High Contracting Parties. According to its established … Continue reading Loizidou v Turkey: ECHR 23 Mar 1995

Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004

The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school. Held: Provided the parents would have a defence to an accusation of not sending their child to … Continue reading Jones, Regina (on the Application of) v Ceredigion County Council: Admn 22 Jun 2004

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

Lancashire County Council and Another v B and Others; Lancashire County Council v A: HL 16 Mar 2000

A seven month old child had been injured, but it was not possible to establish whether this had taken place whilst with her parents or with a child minder. The Council brought care proceedings also for the minder’s own child B. Held: Even though the parents could not be held responsible, the threshold conditions which … Continue reading Lancashire County Council and Another v B and Others; Lancashire County Council v A: HL 16 Mar 2000

Application for Permission; Bibi: Admn 20 Jul 1999

Application for permission to move for judicial review of the decision of the London Borough of Hounslow not to house Mrs. Bibi and her children as required by section 20 of the Children Act 1989. Judges: Tucker J Citations: [1999] EWHC Admin 711 Links: Bailii Statutes: Children Act 1989 20 Housing, Local Government, Children Updated: … Continue reading Application for Permission; Bibi: Admn 20 Jul 1999

Regina v Kent County Council, Ex parte Salisbury and Pierre: Admn 19 May 1999

Continuing duties of local authrity to children who have been in care on attaining majority. Citations: (1999) 3 CCLR 38, [1999] EWHC Admin 464 Links: Bailii Statutes: Children Act 1989 24 Cited by: Cited – Regina (Stewart) v Wandsworth London Borough Council and Others QBD 17-Sep-2001 The words ‘within their area’ in the section had … Continue reading Regina v Kent County Council, Ex parte Salisbury and Pierre: Admn 19 May 1999