The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the difficulties. Held: The requirements for a duty of care were a foreseeability of harm, and … Continue reading Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
Balance of Interests in peaceful enjoyment claim (Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years. Held: Article 1 comprises three distinct rules: the first rule, set out in the first sentence of the first paragraph, is general … Continue reading Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
A couple went to live in Scotland with their children. The father was Scottish: the mother English. The mother left the family home and took the children to England without the father’s knowledge, and obtained an ex-parte residence order and a prohibited steps order to prevent the father from removing the children. She also issued … Continue reading M v M (Abduction: England and Scotland): CA 1997
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother. Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the publisher had no liability in contempt without knowledge. Contempt applied as regards wards of … Continue reading X v Dempster: FD 9 Nov 1998
The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as Jehovah’s Witesses) that medical treatment by blood transfusion is forbidden by the Bible … Continue reading Re O (A minor) (Medical Treatment): FD 12 Apr 1993
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and … Continue reading McCann and Others v The United Kingdom: ECHR 6 Oct 1995
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is … Continue reading In Re Findlay, in re Hogben: HL 1985
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Legitimate Expectation once created not withdrawn The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation. Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the conditions for relying upon any such representation were fulfilled; and if … Continue reading Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd: CA 1990
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed. Held: The charge was not to be enforced. The bank … Continue reading Barclays Bank Plc v O’Brien and Another: HL 21 Oct 1993
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
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
Application by PG, mother under Schedule 1 of the Children Act 1989 for financial remedies by way of housing capital and periodic financial provision, including education costs, for her daughter Z, born in 2008, the child of her former relationship with the respondent father. Horowitz QC HHJ [2012] EWHC B36 (Fam) Bailii England and Wales … Continue reading PG v TW: FD 21 Nov 2012
PH had severe physical and learning disabilities and was without speech, lacking capacity to decide for himself where to live. Since the age of four he received accommodation and support at public expense. Until his majority in December 2004, he was living with foster parents in South Gloucestershire. He then lived in two care homes … Continue reading Cornwall Council, Regina (on The Application of) v Secretary of State for Health and Somerset County Council: SC 8 Jul 2015
Application by the father for permission to appeal as to whether care orders in respect of the children should be discharged with the result the children could return to live with their father; whether the section 34(4) order should be discharged so that the children could have direct contact with their father; and thirdly, whether … Continue reading Re C (Children Appeal): FC 30 May 2014
Preliminary issue arising in these proceedings in which a mother, ‘O’, seeks an order against her former partner, ‘P’, for financial relief under Schedule 1 to the Children Act 1989 in respect of their daughter, ‘S’ Mr Justice Baker, (In Private) [2011] EWHC 2425 (Fam), [2012] 1 FLR 329 Bailii England and Wales Children Updated: … Continue reading O v P: FD 5 Aug 2011
The Convention did not provide for mutual enforcement of access rights, and when determining matters of access relating to access to children to whom the Convention applied English courts are entitled to apply the Children Act 1989, and to consider the child’s welfare as paramount. F’s child was brought by M to live in England … Continue reading In re G (A Minor) (Enforcement of Access Abroad): CA 1993
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to: (1) the place which the habitual residence of the child occupies in the scheme of that Convention, and (2) whether and when a wrongful retention of a child may occur if the travelling parent originally … Continue reading Re C (Children): SC 14 Feb 2018
The parents of S were Israeli citizens living in Israel. They had equal parental rights and responsibilities under Israeli law. They brought their two children to England intending to reside here for one year and then return to Israel. The father returned to Israel early and commenced proceedings for divorce. The mother remained in England … Continue reading In re S (Minors) (Child Abduction: Wrongful Retention): FD 1993
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Application for financial provision for a child. Baker J [2014] EWHC 2225 (Fam) Bailii Children Act 1989 Sch 1 England and Wales Children Updated: 12 December 2021; Ref: scu.534043
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
The local authority was investigating allegations involving the family history of children in their care. They sought disclosure by the respondent police authority of the results DNA comparison tests to assist their investigations. The court considered whether a matching report on a DNA sample itself was derived from the sample. Held: Disclosure could not be … Continue reading London Borough of Lewisham v D and Others: FD 29 Mar 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
Appeal from a dismissal of an application by the Appellant Mother of an application made under Schedule 1 of the Children Act 1989 for a lump sum payment for the benefit of her daughter to meet, or to contribute to, (a) the costs of the Schedule 1 claim (the Schedule 1 proceedings) and (b) proceedings … Continue reading CF v KM: FD 13 Jul 2010
F appealed against the removal of his parental responsibility for his son. M and F were not married, but F had been named on the birth certificate. He had later been convicted of sexual assaults against two daughters of M by an earlier relationship. Held: ‘where a judge applies the concept of the paramountcy of … Continue reading Re D (A Child): CA 26 Mar 2014
Whitmar claimed damages for breach of contract; an account of profits; damages for breach of fiduciary duty and/or for infringement of its Database Rights under the Copyright and Rights in Database Regulations 1997; and for a permanent injunction restraining the Defendants from using and disclosing its confidential information obtained during their employment by Whitmar. Held: … Continue reading Whitmar Publications Ltd v Gamage and Others: ChD 4 Jul 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
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
The court was asked whether K, a 13-year-old girl, should attend the hearing of an application by her local authority to keep her in secure accommodation for three months. She wanted to be at the hearing, but the local authority opposed her attendance on welfare grounds. Held: The child should be allowed to attend: ‘the … Continue reading In re K (A Child): FD 16 May 2011
(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 court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
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
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. Held: The duress of circumstances defence can apply … Continue reading Regina v Pommell: CACD 16 May 1995
The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the applicants were within the jurisdiction of the court for this purpose, but merely being held … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: Admn 19 Dec 2008
The LA, the guardian and adoptive parents appealed against an order that they should provide to the parents an annual photograph of the child. They contended that an image should only be made available to be viewed at the authority’s offices annually. Held: The order was discharged. The judge had erred in law in reaching … Continue reading Oxfordshire County Council v X and Others: CA 27 May 2010
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence and or contact. The other mother took the children secretly to … Continue reading In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006
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
Jurisdiction of the Court of Protection PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An interim guardianship order had been made … Continue reading JO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction): CoP 13 Dec 2013
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia but who, not having been married to the mother, had at that time … Continue reading In re J (a Minor) (Abduction: Custody rights): HL 1 Jul 1990
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in care proceedings had issued a provisional judgment, but after … Continue reading Re L and B (Children): SC 20 Feb 2013
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. It was said that the applicant had herself been groomed by an adult … Continue reading E and Others, Regina (on The Application of) v The Director of Public Prosecutions: Admn 10 Jun 2011
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 father sought leave to appeal against care orders made in respect of his three children. The family were Pakistani Pathan muslims. There had been disputes and violence within the extended family. One family member sought protection but was now alleged herself to be responsible for threats and violence. After a fire, the children were … Continue reading AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories which it was said were in breach of the order, and attempts were made to … Continue reading In re A (A Minor): FD 8 Jul 2011
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
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 had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Proceedings for LA to change child’s nationality Two children taken into care were of Indian nationality, though born in the UK. The LA wanted to apply for UK nationality so as to regularise their immigration status. The parents objected. The parents now appealed from rejection of their requests for the discharge of the long standing … Continue reading Y (Children In Care: Change of Nationality): CA 6 Aug 2020
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 court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children during school time. The pool supervision wasthrough employees of a company … Continue reading Woodland v The Swimming Teachers’ Association and Others: QBD 17 Oct 2011
Result Decides Dscrimination not Motive The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination. Held: The 1975 Act directly discriminated between men and women by treating women more favourably on the … Continue reading James v Eastleigh Borough Council: HL 14 Jun 1990
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010
The applicant asylum-seeker had arrived in Hillingdon and claimed that he required assistance, that he was a child, and that he wanted to go to Liverpool. Hillingdon had assisted him to do so. Liverpool now appealed against a finding that it was responsible to provide care for him. Held: The appeal succeeded. Hillingdon had a … Continue reading Liverpool City Council, Regina (on the Application of) v London Borough of Hillingdon and Another: CA 10 Feb 2009
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts. Held: The Revenue’s cross appeal succeeded. As a life assurance company, the amounts to be taken into account in computing … Continue reading Scottish Widows Plc v Revenue and Customs: SC 6 Jul 2011
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the defence that the disclosures had been made by him in the public or … Continue reading Regina v Shayler: HL 21 Mar 2002
The claimants were subject to deportation, but had settled here and begun a family. An earlier concession would have allowed him to stay, but it was withdrawn. The court was now asked whether statements by the Secretary of State of her policy as regards the granting of concessions outside the immigration rules and of their … Continue reading Munir and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 18 Jul 2012
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
Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017
Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004
A child was found to have bruising consistent with physical abuse. Either or both parents might have caused it, but the judge felt it likely that only one had, that he was unable to decide which, and that they were not so serious that he had to say that the other must have known. Held: … Continue reading In re S-B (Children) (Care proceedings: Standard of proof): SC 14 Dec 2009
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which he could escape from a gang of 20-30 youths who had … Continue reading Regina v Willer (Mark Edward): CACD 1986
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The court of appeal had refused leave to appeal against … Continue reading Lane v Esdaile: HL 5 May 1891
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between ourselves and yourselves as principals, we alone being liable to … Continue reading JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry: HL 1989
Section 3(1) of the 1998 Act is not available where the suggested interpretation is contrary to express statutory words or is by implication necessarily contradicted by the statute. The judge’s task is to interpret, not to legislate. The proposed ‘starring system’ was inconsistent in an important respect with the scheme of the Children Act 1989, … Continue reading In re S (Minors) (Care Order: Implementation of Care Plan): HL 14 Mar 2002
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 claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system. Held: The statutory system for compensation for unfair dismissal is a complete system, and was intended to replace any common law action for damages arising … Continue reading Johnson v Unisys Ltd: HL 23 Mar 2001
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
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 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 . .
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
