Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order. Held: The court pointed to the real difficulties always in such applications, and traced the development of the case law from the introduction … Continue reading In re AR (A Child: Relocation): FD 10 Jun 2010
Whether the Respondent is a parent under Schedule 1 of the Children Act 1989 so that the court has jurisdiction to make an order against her for financial relief. Mr Justice Moylan [2010] EWHC 1444 (Fam), [2010] 1 Fam 193, [2010] Fam 193, [2011] 1 All ER 77, [2011] 1 FCR 1, [2010] 3 WLR … Continue reading T v B: FD 16 Jun 2010
Beldam, Pill, Thorpe LJJ [1999] EWCA Civ 3031, [1999] 2 FLR 881, [2000] LGR 125, [1999] Fam Law 687, [2000] BLGR 125, [2001] Fam 364, [2000] 2 WLR 193, [1999] 3 FCR 385 Bailii Children Act 1989 31(8) 105(6) England and Wales Children, Local Government Updated: 03 December 2021; Ref: scu.346266
The courts having decided that the two applicant children must be housed by the respndent, the children now, by their best friend, sought an order that the authority must house their parents also. Swift J [2013] EWHC 2475 (Admin) Bailii Children Act 1989 17 Housing, Children Updated: 18 November 2021; Ref: scu.514340
[2001] EWHC 709 (Admin) Bailii Children Act 1989 17(1) England and Wales Children, Local Government Updated: 17 November 2021; Ref: scu.347090
The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held: Any threat to their safety was not sufficient to justify not returning them to the … Continue reading Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The Court considered a decision granting to a father the care of his child who appeared to have become happily settled with the maternal grandmother. Held: The grandmother’s appeal succeeded. The judge and court of appeal had misunderstood the effect of In re G, saying that it gave preference to a child living with his … Continue reading In re B (A Child): SC 19 Nov 2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority instead to arrange for him to be accommodated … Continue reading G, Regina (on the Application of) v London Borough Of Southwark: HL 20 May 2009
The mother had failed in her application to have set aside a special guardianship order made in favour of the child’s grandmother. The judge had held that the change in her circumstances was not significant. Held: Her appeal succeeded. The statutes contained inconsistencies as to the levels of change required to support an application, and … Continue reading In re G (A Child) (Special guardianship order: Application to discharge): CA 10 Feb 2010
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the order infringed his right against self-incrimination. He had permitted the search … Continue reading C Plc v P and Attorney General Intervening: CA 22 May 2007
mak_ukECHR10 When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent. Held: The doctor had acted in a way to infringe the child and the parent’s human rights in acting … Continue reading MAK and RK v The United Kingdom: ECHR 23 Mar 2010
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points: (i) An EPO, summarily removing a child from his parents, is a ‘draconian’ and ‘extremely harsh’ measure, requiring … Continue reading X Council v B (Emergency Protection Orders): FD 16 Aug 2004
The mother and child were destitute, and sought to oblige the local authority to provide accommodation and support.
Held: The duty to a child under the section could not be extended to include a duty to accommodate and support the child and . .
The Claimant challenged the policy of the Defendant relating to the payment of residence order allowances and alternatively the application of that policy and the decision made by the Defendant to refuse to pay him that allowance. . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for . .
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Orse Coventry City Council v C, B, CA and CH
This concerned the removal of a baby from her mother on the day of her birth, but the mother, having at first refused to do so, had given her consent to the baby being accommodated. The local . .
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
The claimant appealed against an order finding him not to be a ‘former relevant child’ and owed duties under the 1989 Act by the respondent. . .
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
The claimant parents each carried a gene making any child they bore liable to suffer a serious condition. On a pregnancy the mother’s blood was sent for testing to the defendants who sent it on to the second defendants. The condition was missed, . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
