Search Results for: Children Act 1989 25

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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

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

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

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

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

AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

Caim for judicial review brought by the mother of four children against a decision made by Birmingham City Council relating to payments to be made to her for both her benefit and that of the children, under provisions of the Children Act, in particular section 17, but also potentially section 20. The overall effect of … Continue reading AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

A v London Borough of Croydon; Regina (WK) v Kent County Council: Admn 8 May 2009

The claimants had arrived as asylum seekers, and said that they were under eighteen, and entitled to assistance as children. The social workers decided that they were older. The claimants said that insufficient attention had been given to paediatricians’ reports. Held: The paediatricians’ views should be taken into account but they were not likely to … Continue reading A v London Borough of Croydon; Regina (WK) v Kent County Council: Admn 8 May 2009

E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be broadcast, and she wished to criticise her care. Held: An injunction was refused. ‘If Pamela has … Continue reading E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

In re C (A Child): CA 2 Jan 2009

The child appealed against an order that rather than be placed for adoption, he be placed with his grandparents. Judges: Jacob, Wilson LJJ Citations: [2009] EWCA Civ 72, [2009] 1 FLR 1425, [2009] Fam Law 400 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 23 July 2022; Ref: scu.293903

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

Regina on the Application of PW v Commissioner of Police for the Metropolis, The London Borough of Richmond-Upon-Thames: Admn 20 Jul 2005

W, a child of 14 sought judicial review of an order to remove persons under the age of 16 from dispersal areas in Richmond. Held: The issue was whether the power given to police to remove youths was permissive or coercive. The power given ‘is exercisable whenever a person who is believed on reasonable grounds … Continue reading Regina on the Application of PW v Commissioner of Police for the Metropolis, The London Borough of Richmond-Upon-Thames: Admn 20 Jul 2005

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

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008

The claimants, a newspaper and its editor sought judicial review of a refusal to stay private prosecutions brought against them alleging breach of requirements that they not identify children involved in court proceedings, in this case those of the prosecutor. Held: This was ‘a clear case where the court’s conscience is offended by the fact … Continue reading Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008

M, Regina (on the Application of) v London Borough of Barnet: Admn 6 Aug 2008

Challenge to the alleged ongoing refusal by the defendant to acknowledge its obligations to her under section 20 of the Children Act 1989 and therefore its alleged ongoing failure to comply with its obligations to her as a looked after, and therefore an eligible, child for the purposes of the leaving care provisions. Citations: [2008] … Continue reading M, Regina (on the Application of) v London Borough of Barnet: Admn 6 Aug 2008

Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress. Held: In this case the balance was in favour of the mediator giving the evidence requested. In … Continue reading Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

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

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

Kent County Council v G and others: HL 24 Nov 2005

A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the treatment of the mother. Held: The appeal succeeded: ‘the main purpose of the proposed … Continue reading Kent County Council v G and others: HL 24 Nov 2005

In re H (A Child) (Interim Care Order): CA 12 Dec 2002

Once the threshhold criteria for a care order have been met, the court must still enquire on an application for an interim care order, as to whether there is an imminent risk of really serious harm to the child, whether the risk to the child’s safety requires the immediate separation requested. Judges: Thorpe LJ, Lawrence … Continue reading In re H (A Child) (Interim Care Order): CA 12 Dec 2002

S, Regina (on the Application of) v London Borough of Sutton: CA 26 Jul 2007

The local authority owed the section 20(1) duty towards a 17 year old girl who was about to be released from a Secure Training Centre. It argued however that the duty no longer applied because she had agreed to go to a hostel for homeless women under the homelessness legislation, though also conceding that she … Continue reading S, Regina (on the Application of) v London Borough of Sutton: CA 26 Jul 2007

British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007

Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised. Held: … Continue reading British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007

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

Southwark London Borough Council v B and Others: FD 29 Jul 1998

The date for consideration of whether the first or second threshold criteria had been met for care was when application made, or if continuous temporary arrangements for care made, from the date those arrangements were installed. Consistency between limbs was required. Citations: Gazette 26-Aug-1998, Times 29-Jul-1998, Gazette 16-Sep-1998 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England … Continue reading Southwark London Borough Council v B and Others: FD 29 Jul 1998

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 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

M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

In re B (Interim care order: Directions): CA 14 Jan 2002

The local authority applied for an interim care order immediately the child, B, was born. A proposal was made for the mother and child to move from the maternity hospital to a residential placement a mother and baby home which provided help in improving parents’ child care skills. The local authority was not prepared to … Continue reading In re B (Interim care order: Directions): CA 14 Jan 2002

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

Langley and others v Liverpool City Council and others: CA 11 Oct 2005

Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005

AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005

Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005

Westminster City Council v RA and others: FD 26 May 2005

The claimant complained that at the time of the application for the interim care order, the authority had not prepared a care plan. Held: There was no guidance or practice direction requiring a care plan to be filed with the application. Citations: [2005] EWHC 970 (Fam) Links: Bailii Statutes: Children Act 1989 31 Children Updated: … Continue reading Westminster City Council v RA and others: FD 26 May 2005

Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005

Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005

Secretary of State for the Home Department v SP: CA 21 Dec 2004

The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004

A Local Authority v S: FD 15 Oct 2015

Application is by a Local Authority for a secure accommodation order, whether that be under Section 25 of the Children Act 1989 or else under the inherent jurisdiction of the High Court. Judges: Bodey J Citations: [2015] EWHC 3010 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 28 June 2022; … Continue reading A Local Authority v S: FD 15 Oct 2015

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 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

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

Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003

The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 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

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

In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to … Continue reading In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

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

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

Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

M v M: 1995

The court considered the consequences of mis-disclosure in ancillary relief proceedings. Thorpe J said: ‘Conduct is only relevant in so far as the wife relies upon the manner in which the husband has conducted these proceedings. Ordinarily speaking, it seems to me that the manner in which proceedings are misconducted is to be reflected in … Continue reading M v M: 1995

Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997

When a child in care attains the age of eighteen, the local authority in whose care the child was before attaining that age, is the one who must provide continuing advice and support. Citations: Times 30-Jun-1997, [1997] EWHC Admin 535, [1998] 1 FLR 253, [1998] Fam Law 20, [1998] 2 FCR 6 Links: Bailii Statutes: … Continue reading Regina v London Borough of Lambeth ex parte Caddell: Admn 9 Jun 1997

Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997

Judges: Sedley J Citations: [1997] EWHC Admin 393, [1998] Env LR 111 Links: Bailii Jurisdiction: England and Wales Citing: Disputed – Regina v Canterbury Council ex parte Springimage Limited 1993 The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The … Continue reading Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997

Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Section 17(1) imposes an obligation in respect of the needs of an individual child. Judges: Kay J Citations: (1997) 29 HLR 756, [1997] EWHC Admin 4, (1997) 1 CCLR 294 Links: Bailii Statutes: Children Act 1989 17(1) Cited by: Cited – Regina v Mayor and Burgesses of London Borough of Barking and Dagenham ex parte … Continue reading Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Anita Bradford Raymond Bradford, Simon Bradford (a Minor By His Next Friend Raymond Bradford): Admn 13 Jan 1997

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Dawson v Wearmouth: HL 4 Feb 1999

The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded. Held: The father’s appeal succeeded. When considering changing a child’s name by means of a specific issue order, … Continue reading Dawson v Wearmouth: HL 4 Feb 1999

MB v KB: FD 7 Mar 2007

Application by father to strike out claim for settlement of property order for child. Citations: [2007] EWHC 789 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 22 May 2022; Ref: scu.253472

Sheffield City Council v V; Legal Services Commission intervening: FD 23 Jun 2006

The court set out the criteria to be used when ordering payment by the council of the costs of a residential assessment ordered during care proceedings. Citations: Times 25-Aug-2006 Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children, Local Government, Legal Aid Updated: 20 May 2022; Ref: scu.244693

In re A (permission to remove child from jurisdiction: human rights): CA 2000

The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). … Continue reading In re A (permission to remove child from jurisdiction: human rights): CA 2000

In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

The grandparents of E who had obtained a special guardianship order to take care of their grand-daughter, whose parents were addicted to drugs, appealed an order refusing them permission to change her surname to theirs. Held: The decision was not inconsistent with the grant of the order giving them parental responsibility. The court retained its … Continue reading In Re E (A Child): Special Guardianship Order: CA 13 Mar 2007

Re X; Barnet London Borough Council v Y and Z: FD 2006

The judge refused to endorse a local authority’s care plan, and invited the local authority to reconsider it. He criticised the local authority for taking an important decision in pending care proceedings without any warning to the guardian and without involving her in any way.Public law ‘cases, by definition, involve interference, intrusion, by the State, … Continue reading Re X; Barnet London Borough Council v Y and Z: FD 2006

C v Solihull Metropolitan Borough Council: FD 1993

The court allowed a limited period of ‘planned and purposeful delay’ before making a care order. Ward J: ‘We have heard much, as we have prepared for the implementation of the Children Act 1989, about partnership. One of those partnerships is the very important one between the court and the local authority, where the part … Continue reading C v Solihull Metropolitan Borough Council: FD 1993

In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

Regina v B County Council, ex parte P: CA 1991

Application was made for judicial review of a decision of the magistrate in proceedings under the Children and Young Persons Act. The issue arose as to whether or not young children should be compelled to give evidence. Held: The decision of the magistrate not to compel the witness was not reviewable. Butler-Sloss LJ said that … Continue reading Regina v B County Council, ex parte P: CA 1991

Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 1991

Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had closed its doors to consider’. A mental health review tribunal is a … Continue reading Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 1991

Re B and W (Minors), Lancashire County Council and Another v B and Others: CA 27 Jul 1999

The threshold conditions for the making of a care order, relate to the absence of proper care of a child, and the suffering of significant harm whilst in care arrangements then prevailing. There was no requirement on the court that it be able to apportion any direct responsibility for that harm to any individual person. … Continue reading Re B and W (Minors), Lancashire County Council and Another v B and Others: CA 27 Jul 1999

City of London v Samede and Others: QBD 18 Jan 2012

The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003

Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs. Held: An assessment … Continue reading Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

KL (Article 8, Lekstaka, Delay, Near-Misses) Serbia and Montenegro: IAT 18 May 2007

The judgment of Collins J in Lekstaka [2005] EWHC 745 (Admin) established that on Judicial Review of a refusal of the Immigration Appeal Tribunal of permission to appeal to it that claimant’s case was arguable, but did not decide the merits of that case nor establish general propositions applicable to other cases. As now clarified … Continue reading KL (Article 8, Lekstaka, Delay, Near-Misses) Serbia and Montenegro: IAT 18 May 2007

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

In re R (Parental responsibility: IVF baby): CA 19 Feb 2003

The mother and father of the child were not married, but had consented to the terms of their infertility treatment. The father donated his sperm, but the mother was only inseminated after they had separated. The mother appealed a declaration of paternity. Held: The Act clearly provided that the embryo was created at the time … Continue reading In re R (Parental responsibility: IVF baby): CA 19 Feb 2003

In re X, (Emergency Protection Orders): FD 16 Mar 2006

Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family. Held: The decision making processes adopted by both the authority and the family court were badly flawed. An Emergency Protection Order … Continue reading In re X, (Emergency Protection Orders): FD 16 Mar 2006

Gray v Thames Trains and Others: HL 17 Jun 2009

The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009

In re S (A Minor) (Independent Representation): CA 1993

Sir Thomas Bingham MR said: ‘Different children have differing levels of understanding at the same age. And understanding is not absolute. It has to be assessed relatively to the issues in the proceedings. Where any sound judgment on these issues calls for insight and imagination which only maturity and experience can bring, both the court … Continue reading In re S (A Minor) (Independent Representation): CA 1993

In Re B (A Minor) (Wardship: Medical Treatment): CA 1981

The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life expectancy would be 20-30 years. Her parents, having decided that it would … Continue reading In Re B (A Minor) (Wardship: Medical Treatment): CA 1981

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003