The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
Care proceedings and an application for a placement order in respect of a baby boy. Hillier HHJ [2014] EWFC B162 Bailii Children Act 1989, Adoption and Children Act 2002 England and Wales Children Updated: 12 January 2022; Ref: scu.540380
Gareth Jones HHJ [2014] EWFC B168 Bailii Children Act 1989, Adoption and Children Act 2002 England and Wales Children Updated: 12 January 2022; Ref: scu.540383
The President of the Family Division, And, Sir Duncan Ouseley [2021] EWHC 1253 (Fam), [2021] 3 WLR 875, [2021] WLR(D) 280, [2021] Fam 404 Bailii, WLRD Vienna Convention on Diplomatic Relations, Children Act 1989, European Convention on Human Rights England and Wales Children, International, Human Rights Updated: 04 January 2022; Ref: scu.663809
UTIAC 1. Where the Immigration Rules are silent as to interpretation, it may be necessary to refer to the Children Act 1989 (as amended) and other family legislation in order to construe those parts of the Rules which provide a route to entry clearance or leave to remain as a parent. 2. ‘Access’ in the … Continue reading JA (Meaning of “Access Rights”): UTIAC 17 Apr 2015
Hudson HHJ [2014] EWFC B153 Bailii Children Act 1989 England and Wales Children Updated: 24 December 2021; Ref: scu.540387
Application by the Local Authority for the making of a Care Order pursuant to s.31(1) Children Act 1989 in respect of ‘C’, Rawkins HHJ [2014] EWFC B159 Bailii Children Act 1989 31(1) England and Wales Children Updated: 24 December 2021; Ref: scu.540381
Care proceedings in respect of K. Brown HHJ [2014] EWFC B167 Bailii Children Act 1989 England and Wales Children Updated: 24 December 2021; Ref: scu.540382
Application made by the A local for a care order under S.31 of the Children Act 1989 Mrs Justice Eleanor King [2009] EWHC 2115 (Fam), [2010] 1 FLR 1560, [2010] Fam Law 337 Bailii England and Wales Children Updated: 13 December 2021; Ref: scu.421338
The court was asked as to a point in the context of care proceedings as to the respective functions of the family court when exercising its jurisdiction under Part IV of the Children Act 1989 and of the Special Educational Needs and Disability Tribunal when hearing an appeal pursuant to section 326 of the 1996 … Continue reading X County Council v DW and Others: FD 11 Feb 2005
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 claimant travellers said that the respondent local authority’s duty to their children continued whilst the moved in and out of the area. Holman J [2013] EWHC 3845 (Admin), [2013] WLR(D) 478 Bailii Children Act 1989 Children, Local Government Updated: 26 November 2021; Ref: scu.518790
The mother, RW, had made serious but false allegations of sexual and physical abuse that she said had been perpetrated upon her by others. In care proceedings in the county court her child, W, was held to be at risk of significant emotional harm, and a care order made. His findings and decision were not … Continue reading W (A Child) v Neath Port Talbot County Borough Council and Others: CA 11 Oct 2013
The local authority sought a care order, alleging serious physical abuse of the child. The mother said that any injuries had been inflicted by the father. The father said that the cause was the mother. Held: The injuries were not likely to have been accidental. The court concluded that the likely perpetrator was the father. … Continue reading Lancashire County Council v R (A Minor) and others: FD 4 Dec 2008
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
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 must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless. Held: The case was arguable and should be allowed to proceed: ‘However, the point that … Continue reading Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. Contact was re-established, but the child was now habitually resident in Pakistan. … Continue reading In Re I (A Child): SC 1 Dec 2009
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001
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
Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
The patient was due to deliver a child. A delivery by cesarean section was necessary, but the mother had a great fear of needles, and despite consenting to the operation, refused the necessary consent to anesthesia in any workable form.
Held: . .
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
A new born baby was placed with foster carers on discharge from hospital. Both parents had learning difficulties and agreed to the baby being placed with a particular couple. At that stage the local authority considered this an informal arrangement . .
The court was asked as to local authority funding in relation to a child, K, who was born in November 2011.
Black LJ explained: ‘I raised the question during the appeal hearing as to whether a parent who is inadequate is in fact ‘willing and . .
The case concerned a boy aged eight at the material time, both of whose parents had severe mental health problems. Very shortly after he had been returned to his mother’s care when she came out of hospital, she suffered a relapse and called an . .
The Court was asked about an alleged ‘corporate raid’, an attempt to exploit a minority shareholding in a company to obtain effective management or voting control without paying what other shareholders would regard as a proper price.
Held: The . .
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
The claimant parents, themselves child protection workers, sought judicial review of a decision by the respondent to institute a section 47 enquiry as to whether their child was at risk of significant harm, after an anonymous allegation.
Held: . .
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, . .
The local authority challenged the right of a county court judge attaching a penal notice to an order in Children Act proceedings. . .
References: [2014] EWFC B153 Links: Bailii Coram: Hudson HHJ Ratio: Statutes: Children Act 1989 Last Update: 30-Jun-16 Ref: 540387
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843
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