Search Results for: Children Act 199 31

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Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004

Pelman v McDonald’s Corporation: 1993

(United States District Court, S.D. New York,) Customers sued McDonald’s for the excess sale of fatty fast food products to children. Held: The action was dismissed. the defendants owed no duty to warn consumers of the products’ well-known attributes, setting out the causes of action alleged by the plaintiffs, two of which were expressed in … Continue reading Pelman v McDonald’s Corporation: 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

Re M (Threshold Criteria: Parental Concessions): CA 1999

In care proceedings the court is not constrained to take the shortest route to an uncontested disposal. Though, the court identified as a general principle ‘there should be no unnecessary litigation in the courts’. Judges: Butler-Sloss LJ Citations: [1999] 2 FLR 728 Jurisdiction: England and Wales Cited by: Cited – Plymouth City Council v HM … Continue reading Re M (Threshold Criteria: Parental Concessions): CA 1999

Alcock and Others v Chief Constable of South Yorkshire Police: CA 31 May 1991

The defendant policed a football match at which many people died. The plaintiffs, being relatives and friends of the deceased, inter alia suffered nervous shock having seen the events either from within the ground, or from outside or at home on television. Held: To establish a claim the plaintiffs had to show that it was … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: CA 31 May 1991

Alcock and Others v Chief Constable of South Yorkshire Police: QBD 31 Jul 1990

Overcrowding at a football match lead to the deaths of 95 people. The defendant’s employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for personal injuries by way of nervous shock, having seen the match on television, and … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: QBD 31 Jul 1990

Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002

The Court of Appeal had imposed conditions upon the care plan to be implemented by the local authorities, identifying certain ‘starred’ essential milestones. The local authorities appealed. Held: This was not a legitimate extension of the powers contained in the 1989 Act. There exist clear problems in local authorities implementing care plans, and those difficulties … Continue reading Re S (Children: Care Plan); In re W and B (Children: Care plan) In re W (Child: Care plan): HL 14 Mar 2002

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

Re B (Threshold Criteria): CA 9 Jun 1998

Where a supervision order was sought by local authority in respect of allegations made which were awaiting trial, and an order could be made before the criminal findings where enough was admitted by the carer to support the need for a supervision order. Citations: Gazette 01-Jul-1998 Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales … Continue reading Re B (Threshold Criteria): CA 9 Jun 1998

Northamptonshire County Council v Islington London Borough Council: CA 21 Jul 1999

When two local authorities were competing not to be responsible for the costs of a child committed to care, and the child had proper connections with both areas, the issue was to be decided by asking first whether the child had in fact any ‘ordinary residence’ as such, which would settle the issue in almost … Continue reading Northamptonshire County Council v Islington London Borough Council: CA 21 Jul 1999

In Re M (A Minor) (Consent Order: Committal): CA 31 Dec 1998

Contempt may be used by a circuit judge of his own motion in order to enforce a contact order but should be used in exceptional and urgent cases only and the judge who initiates contempt proceedings should not also adjudicate on the motion for committal. Citations: Times 31-Dec-1998 Jurisdiction: England and Wales Contempt of Court, … Continue reading In Re M (A Minor) (Consent Order: Committal): CA 31 Dec 1998

L v F: 31 Jul 1978

The court heard an application with regard to a proposed change of a child’s surname. The child was living en famille with its mother, stepfather and half-sister. It heard evidence from a distinguished psychologist that ‘when they grew older, children were often greatly concerned with their biological origin’ Held: The application to change the child’s … Continue reading L v F: 31 Jul 1978

In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum … Continue reading In re V (a Child) (Care: pre-birth actions): CA 12 Oct 2004

In re G (A Minor)(Care Order: Threshold Conditions): FD 1995

The court considered the standard of evidence required to satisfy the threshold condition under the Act: ‘The inescapable construction of section 31, in my judgment, is that the court has to be satisfied by evidence that the significant harm suffered by the child is attributable to the care, or absence of care, given to the … Continue reading In re G (A Minor)(Care Order: Threshold Conditions): FD 1995

In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002

Re D (Minors) (Conciliation: Disclosure of Information): CA 1993

The court considered the privileged status of statements made in proceedings under the Children Act 1989 together with the existence of exceptions to that status. Held: Sir Thomas Bingham MR described the practice in family concilations: ‘The practice of conciliation has grown and evolved in various ways over the last 10 years, in court and … Continue reading Re D (Minors) (Conciliation: Disclosure of Information): CA 1993

Kingston upon Thames Royal Borough Council v Prince: 1993

A minor could succeed to a secure tenancy under the 1985 Act. Hale J said: ‘A minor can hold an equitable tenancy of any property, including a council house.’ quoting the Law commission which said: ‘Moreover the statutory provisions do not restrict a minor’s ability to acquire an equitable interest in land: there is nothing … Continue reading Kingston upon Thames Royal Borough Council v Prince: 1993

A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013

Cotton v Derbyshire District Council: CA 20 Jun 1994

No notice warning of danger was necessary on a public right of way for an obviously dangerous cliff. The Court upheld the decision of the trial judge dismissing the plaintiff’s claim for damages for serious injuries sustained from falling off a cliff. Applying Glasgow Corporation v Taylor the Court held that the occupiers were under … Continue reading Cotton v Derbyshire District Council: CA 20 Jun 1994

In re T (Children): SC 25 Jul 2012

The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house for legal costs. Despite being exonerated, the judge followed the normal practice of not awarding costs … Continue reading In re T (Children): SC 25 Jul 2012

London Borough of Sutton v Davis (Costs) (No 2): 1994

In cases involving children costs awarded against one parent or another are exceptional since the court is anxious to avoid the situation where a parent may feel ‘punished’ by the other parent which will reduce co-operation between them. This will only impinge ultimately on the welfare of the child or the children concerned.Wilson J said: … Continue reading London Borough of Sutton v Davis (Costs) (No 2): 1994

Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997

The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava religion in London. Held: Charities Act jurisdiction is restricted to charities registered … Continue reading Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997

Re CH (Care or Interim Care Order): 1998

CH suffered injury, and a care order was sought, with rehabilitation a possibility. The guardian wanted adoption. In the absence of a paediatric psychiatric report, the judge approved the care plan and gave directions that a child psychiatrist should be informed on placement. The Guardian was not allowed to call his witnesses, and he appealed, … Continue reading Re CH (Care or Interim Care Order): 1998

Regina v Gwynedd County Council ex parte B and Another: 1992

The ambit of the 1980 act does not extend to regulating events arising after a child’s death. Citations: [1992] 3 All ER 317 Statutes: Child Care Act 1980 Jurisdiction: England and Wales Citing: Approved – Regina v Vann 1851 A parent of a child who had not the means of providing for the burial of … Continue reading Regina v Gwynedd County Council ex parte B and Another: 1992

Regina v Inner London Education Authority, Ex parte Ali: 1990

The broad duty imposed on a local education authority by section 8 ‘to secure that there shall be available for their area sufficient schools . . for providing primary education’ is a ‘target duty’. Judges: Woolf LJ Citations: [1990] 2 Admin LR 822 Statutes: Education Act 1944 8 Cited by: Cited – Regina v London … Continue reading Regina v Inner London Education Authority, Ex parte Ali: 1990

Khatun v United Kingdom: ECHR 1 Jul 1998

(Admissibility) The violation of the right to respect for their homes and family and private lives which was alleged by the applicants, arose because of the pollution of the area by dust caused by building works in the Docklands area. A distinction had been made between those applicants with a proprietary interest in the land … Continue reading Khatun v United Kingdom: ECHR 1 Jul 1998

Re A and W (Minors) (Residence Order Leave to Apply): 1992

Citations: [1992] 2 FLR 154 Cited by: Cited – Re A (a Minor) CA 31-Jul-1997 After a family break up there had been continued litigation, and a refusal to comply with court orders by the mother. Eventually, the contact between mother an children all but broke down. There were three children. As the two elder … Continue reading Re A and W (Minors) (Residence Order Leave to Apply): 1992

Regina v Doheny, Adams: CACD 31 Jul 1996

The court set out the procedure for the introduction of DNA evidence in criminal trials. In particular the court explained the ‘Prosecutor’s Fallacy’ when using statistical evidence. The significance of the DNA evidence will depend critically upon what else is known about the suspect. Provided there is no reason to doubt either the matching data … Continue reading Regina v Doheny, Adams: CACD 31 Jul 1996

Re M (A Minor): CA 8 Nov 1993

For an order to be made, the child was to be continuing to suffer harm at the hearing date and the harm should resultant from the alleged lack of care. Citations: Ind Summary 08-Nov-1993 Statutes: Children Act 1989 31(2) Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.85819

Re M (A Minor) (Care Orders: Threshold Conditions): HL 7 Jun 1994

The father had been sentenced to life imprisonment for the murder of the child’s mother. Application was made for the child to be made subject to a care order. The father appealed refusal of an order. Held: When an application was made on the basis that a child was suffering significant harm after making interim … Continue reading Re M (A Minor) (Care Orders: Threshold Conditions): HL 7 Jun 1994

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Corr v IBC Vehicles Ltd: CA 31 Mar 2006

The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006

Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account … Continue reading Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998

A local authority, having once decided that a child was in need of welfare assistance, could not withdraw that, after the mother refused assistance to return to her own country, where the child’s long terms interests could properly be served by such assistance. Citations: Times 31-Dec-1998, Gazette 13-Jan-1999 Statutes: Children Act 1989 Part III Children, … Continue reading Regina v Hammersmith and Fulham London Borough Council ex parte Damoah: QBD 31 Dec 1998

Practice Direction (Family Proceedings: Case Management): FD 31 Jan 1995

The President of the Family Division handed down a Practice Direction on the need to avoiding delay and waste of costs in family proceedings. The courts would be free to take greater control of cases. A party who fails to conduct a matter economically could be subject to a wasted costs order. The court would … Continue reading Practice Direction (Family Proceedings: Case Management): FD 31 Jan 1995

In Re M and R (Minors): CA 1 Jul 1996

Care order is available to a Court only after the threshold condition is reached and then the court should look to the welfare of the child. Citations: Times 01-Jul-1996 Statutes: Children Act 1989 1(3)(e) 31 8 Jurisdiction: England and Wales Children Updated: 08 April 2022; Ref: scu.82040

Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995

The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect … Continue reading Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995

Re B (minors) (Care proceedings: practice): FD 1999

Section 31 and its associated emergency and interim provisions comprise the only court mechanism available to a local authority to protect a child from risk. The interpretation of the ‘attributable’ condition adopted by the House of Lords is necessary to avoid the unacceptable consequence that, if the court cannot identify which of a child’s carers … Continue reading Re B (minors) (Care proceedings: practice): FD 1999

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Barrett v London Borough of Enfield: HL 17 Jun 1999

The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal. Held: An adult formerly in the care of a local authority as a … Continue reading Barrett v London Borough of Enfield: HL 17 Jun 1999

JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003

Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: … Continue reading JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Murphy v Brentwood District Council: HL 26 Jul 1990

Anns v Merton Overruled The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval under the building bye-laws. The Council approved them. The Council was … Continue reading Murphy v Brentwood District Council: HL 26 Jul 1990

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Petrovic v Austria: ECHR 27 Mar 1998

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

The National and Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society v The United Kingdom: ECHR 23 Oct 1997

ECHR United Kingdom – applicants’ legal claims to restitution of monies paid under invalidated tax provisions extinguished under the effects of retrospective legislation (section 53 of Finance Act 1991 and section 64 of Finance (No. 2) Act 1992) Citations: 21449/93, 21319/93, [1997] ECHR 87, 21675/93, [1997] STC 1466, 69 TC 540, [1997] BTC 624, (1998) … Continue reading The National and Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society v The United Kingdom: ECHR 23 Oct 1997

Pearce v Mayfield School: CA 31 Jul 2001

The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the school were no responsible for it. The 1998 Act had come into effect. … Continue reading Pearce v Mayfield School: CA 31 Jul 2001

McCann and Others v The United Kingdom: ECHR 6 Oct 1995

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

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

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

Barclays Bank Plc v O’Brien and Another: HL 21 Oct 1993

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

Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991

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

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999

Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

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

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

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

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

Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea: Admn 31 Aug 2001

A school wrote a letter to a child’s parents saying that he would be permanently excluded after verbal violence against a teacher. This was said to have followed earlier serious and repeated problems of indiscipline. His appeal was successful, and he was returned to the class The teachers proposed a strike. The head teacher wrote … Continue reading Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea: Admn 31 Aug 2001

In Re T (A Minor) (Wardship: Medical Treatment): CA 24 Oct 1996

A baby boy who was 18 months old, suffered from a life-threatening liver defect. His parents were health-care professionals experienced in the care of sick children. The unanimous medical view was that as soon as donor liver became available the baby should undergo surgery. The prospects of success were good whilst without transplantation the expectation … Continue reading In Re T (A Minor) (Wardship: Medical Treatment): CA 24 Oct 1996

In re A (A Minor) (Care Proceedings): FD 2 Jan 1993

It was again argued that ‘likely’ meant more probable than not. Held: The argument was not open to the appellants in the light of Newham London Borough Council. Thorpe J [1993] 1 FLR 824 Children Act 1989 31(2)(a) England and Wales Citing: Applied – Newham London Borough Council v Attorney-General CA 1993 The court rejected … Continue reading In re A (A Minor) (Care Proceedings): FD 2 Jan 1993

Bell v Lever Brothers Ltd: HL 15 Dec 1931

Contract – Mutual Mistake Test Bell was director and chairman of Niger, a subsidiary of Lever Brothers Ltd who dismissed him, offering and paying pounds 30,000 compensation. Lever then discovered that Mr Bell had made secret profits at the expense of Niger for which he could have been summarily dismissed. Lever sought repayment of the … Continue reading Bell v Lever Brothers Ltd: HL 15 Dec 1931

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

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

Tinsley v Milligan: CA 1992

The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been raised, the court should keep in mind that the underlying principle … Continue reading Tinsley v Milligan: CA 1992

Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999

The fact that the accommodation found to be available to the applicant for housing was in Bangladesh did not make it unavailable in law. The subsections must be read separately. Accommodation could be available to the applicant even though she could not afford to travel to it. The power of the County Court to hear … Continue reading Begum (Nipa) v Tower Hamlets London Borough Council: CA 1 Nov 1999

Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991

One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed possession, and succeeded, even though she had sought to withdraw her … Continue reading Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991

Unilever plc v Procter and Gamble Company: CA 4 Nov 1999

The defendant’s negotiators had asserted in an expressly ‘without prejudice’ meeting, that the plaintiff was infringing its patent and they threatened to bring an action for infringement. The plaintiff sought to bring a threat action under section 70 relying on the statements. The judge held the statement inadmissible. Held: The plaintiff’s appeal failed. Where there … Continue reading Unilever plc v Procter and Gamble Company: CA 4 Nov 1999

White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

McMichael v United Kingdom: ECHR 2 Mar 1995

In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved. Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. Both the Commission and the Court found a breach of Article 8 because the … Continue reading McMichael v United Kingdom: ECHR 2 Mar 1995

English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002

Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002

Saunders v The United Kingdom: ECHR 17 Dec 1996

(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

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

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

In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence): SC 3 Mar 2010

The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to a fair trial of all concerned. Held: The existing law erects a … Continue reading In re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence): SC 3 Mar 2010

Armitage v Nurse; etc: CA 19 Mar 1997

A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. The trustee was exempted from liability for loss or damage ‘unless such loss or damage shall be caused by his own actual fraud’. Held: The trustee was under no liability in absence of any dishonest intention. Millett LJ … Continue reading Armitage v Nurse; etc: CA 19 Mar 1997

White and Another v Jones and Another: HL 16 Feb 1995

Will Drafter liable in Negligence to Beneficiary A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise outside the terms of the retainer or where there is … Continue reading White and Another v Jones and Another: HL 16 Feb 1995

Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

Effect of Contract Frustration The defendant appellants contended that their construction contract was frustrated because adequate supplies of labour were not available to it because of the war. Held: The court considered how the frustration of the performance of a contract affected the obligations under it. Lord Ratcliffe said: ‘frustration occurs whenever the law recognises … Continue reading Davis Contractors Ltd v Fareham Urban District Council: HL 19 Apr 1956

In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006

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

Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995

A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea. Held: The marine classification society was not liable in negligence to the owner of a cargo, where it was … Continue reading Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others: HL 6 Jul 1995

London Borough of Harrow v Qazi: HL 31 Jul 2003

The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003

Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009

The court considered the workings of fixed term employment contracts under which the claimants taught in Europe. The Secretary of State argued that the contracts validly limited the claimants’ employment to nine years. The claimants said the 2002 Regulations operated to change the contracts into permanent ones. The decision was ‘whether the employment contracts between … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009

In re J (a Minor) (Abduction: Custody rights): HL 1 Jul 1990

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