The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary admission did not create a sufficient status by virtue of section 11. … Continue reading Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
The court considered the validity of a consensual form of divorce kyogi rikon in Japanese law, the most common form of divorce in Japan. The consent is by written form not judicial act but the signing must be followed by formal registration before a government official in prescribed form. Held: The involvement of the state … Continue reading H v H (The Queen’s Proctor Intervening) (Validity of Japanese Divorce): FD 2006
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005
The husband sought to stay divorce proceedings commenced here by his wife, saying that they had already been divorced in Nigeria. The wife said the Nigerian proceedings should not be recognised in English law. Held: The cases established: 1) that the power was to be interpreted widely, but the powers need not be exercised if … Continue reading Duhur-Johnson v Duhur-Johnson: FD 3 May 2005
The defendants appealed convictions after rejection of their defence of duress. They had hijacked an aeroplane in Afghanistan, and surrendered eventually at Stansted. They said they were acting under duress, believing they had no other way of escaping death or serious injury at the hands of the Taliban regime in Afghanistan. Held: There had been … Continue reading Regina v Safi (Ali Ahmed); Regina v Ghayur; Regina v Shah; Regina v Showaib; Regina v Mohammidy; Regina v Shohab; Regina v Ahmadi; Regina v Safi (Mahammad Nasir); Regina v Kazin: CACD 6 Jun 2003
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
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a child born in Texas and a US citizen. His father was a … Continue reading Re KL (A Child): SC 4 Dec 2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the … Continue reading HB v PB: FD 9 Jul 2013
Judges: Mr Justice MacDonald Citations: [2020] EWFC 74 Links: Bailii Statutes: Family Law Act 1986 55A(1) Jurisdiction: England and Wales Adoption Updated: 04 May 2022; Ref: scu.656381
The parties had agreed for the sale and purchase of land and chattels, but had deliberately misdescribed the apportionment so as to reduce tax liability. The purchasers then brought an action for misrepresentation. The vendor replied that the action shoud fail since the contract was tainted with the fraud. Held: The defence failed. The misrepresentation … Continue reading Saunders v Edwards: CA 24 Mar 1986
The court was asked as to the recognition of a Sharia compliant divorce between Lebanese Muslims. Under the relevant Lebanese 1962 legislation a Talaq was to be pronounced before 2 witnesses, a requirement of most systems of traditional Islamic Local Authority. The 1962 Act then imposed registration before a Sharia Court. Next, follows compulsory registration … Continue reading El Fadl v El Fadl: FD 2000
The patient was very severely disabled. She was a lady of 59 suffering from multiple sclerosis. She was not competent to make decisions about her own treatment. She was in a pitiful state, and had to be fed through a percutaneous gastronomy tube but she was not in a vegetative state. Her family and the … Continue reading W Healthcare NHS Trust v KH and Others: CA 17 Sep 2004
The appellant Secretary of State challenged a decision of magistrates as to whether the respondent was the father of a child for whom Child Support was sought. The mother had been married, but had been living with the respondent at the appropriate time. The respondent had refused to provide a DNA sample for testing. The … Continue reading Secretary of State for Work and Pensions v Jones: FD 2 Jul 2003
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
By an application Mrs Ivleva (formerly Yates) sought (i) recognition in this jurisdiction of a divorce granted in Ukraine in respect of her marriage to Mr Yates and (ii) the dismissal of divorce proceedings brought in this jurisdiction by Mr Yates. Held: Justice to the husband required that recognition of the Ukrainian divorce be refused. … Continue reading Ivleva v Yates: FD 4 Mar 2014
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
Applications by H for declarations that a divorce granted in 2009 in Dubai is entitled to recognition in England and Wales under s.45 of the 1986 Act, and of status under s.55 of the Act, and going with that his application to strike out the prayer in the petition brought by the respondent in this … Continue reading Radseresht v Radseresht-Spain: FD 13 Oct 2017
The deceased died in a motor accident, aged 44. The parties, his mother and father, disputed control over his remains, and requested an order from the court. Held: The court has such an inherent jurisdiction. Since the claimants had an equal right as his parents to apply for letters of administration, that court could not, … Continue reading Hartshorne v Gardner: ChD 14 Mar 2008
Application for declaration of parentage after paperwork errors at fertility clinic. Judges: Peter Jackson J Citations: [2017] EWHC 599 (Fam) Links: Bailii Statutes: Family Law Act 1986 55A Jurisdiction: England and Wales Children, Health Updated: 24 March 2022; Ref: scu.582027
An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after … Continue reading Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
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
(Extra Division Inner House) The liquidator sought to have set aside the sale of a substantial hotel with golf courses on the basis that it was at an undervalue, with the buyer being aware of the seller’s potential insolvency. He appealed against a finding that the buyer had also assumed debts sufficient to give full … Continue reading Henderson v Foxworth Investments Ltd and Another: SCS 1 Mar 2013
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered … Continue reading Ashley and Another v Sussex Police: CA 27 Jul 2006
A couple were not married but lived together in Vincent Farmhouse in which the plaintiff claimed a beneficial interest on separation. The female partner was told by the male partner that the only reason for not acquiring the property in joint names was because she was involved in divorce proceedings and that, if the property … Continue reading Grant v Edwards and Edwards: CA 24 Mar 1986
The claimant sought a declaration of parentage in respect of a child under the 1986 Act, saying that he was not the father. Directions were given for a company to take samples, but instead the company requested the various parties to attend their own doctors for the samples to be taken. The parties disputed the … Continue reading Elliott v Ratcliffe: FD 1 Feb 2013
Application for a declaration of marital status under section 55(1)(a) of the Family Law Act 1986. The Honourable Mr Justice Peter Jackson [2013] EWHC 392 (Fam) Bailii Family Law Act 1986 55(1)(a) England and Wales Family Updated: 24 January 2022; Ref: scu.509148
Abuse of Process and Re-litigation 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 this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
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
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
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
Where someone dies or is injured whilst in custody the burden is on the state to provide a ‘satisfactory and convincing explanation’ of what has happened: ‘Persons in custody are in a vulnerable position and the authorities are under a duty to protect them. Consequently, where an individual is taken into police custody in good … Continue reading Salman v Turkey: ECHR 27 Jun 2000
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005
Application for a declaration pursuant to section 55(1)(a) of the Family Law Act 1986; the declaration sought is that a marriage which was conducted on St Valentine’s Day in 2009, between AP and JP, is a valid marriage. The Honourable Mr Justice Cobb [2019] EWHC 3105 (Fam) Bailii Family Law Act 1986 55(1)(a) England and … Continue reading P v P (Transgender Applicant for Declaration of Valid Marriage): FD 20 Nov 2019
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary Assembly of the Council of Europe on 29th September 1989 – both of which sought the encourage the … Continue reading Cossey v The United Kingdom: ECHR 27 Sep 1990
Sir James Munby P, Black, Underhill LJJ [2015] EWCA Civ 886 Bailii Children Act 1989, Family Law Act 1986 1 2 3 England and Wales Children, International Updated: 03 January 2022; Ref: scu.551019
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The trustee in bankruptcy sought to oblige the bankrupt to make a capital draw on pension fund assets in order to support an Income Payment Order. Held: The judge dismissed the application for an IPO. The court had no power under section 310 of the 1986 Act to make an income payments order in respect … Continue reading Horton v Henry: ChD 17 Dec 2014
The court considered the circumstances arising after the forced removal of two boys from their mother’s care in the context of a contact and residence dispute between the parents, Ryder, Vos LJJ, David Richards J [2014] EWCA Civ 1195 Bailii Family Law Act 1986 England and Wales Children Updated: 20 December 2021; Ref: scu.536354
‘These proceedings concern a family of Turkish/Cypriot origin that has been broken apart as a result of allegations of extreme violence perpetrated by the father. Following the allegations in 2010, the mother and the three children of the family, all girls hereafter referred to as X, Y and Z, then aged respectively 17, 14 and … Continue reading P v D and Others: FD 24 Jul 2014
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The court has no jurisdiction to make an order with regard to a child who is neither present in nor not habitually resident in the United Kingdom. Times 21-Oct-1994 Family Law Act 1986 England and Wales Children Updated: 13 December 2021; Ref: scu.82172
The Honourable Mr Justice Peter Jackson [2016] EWHC 2112 (Fam) Bailii Family Law Act 1986 55A England and Wales Health Professions, Children Updated: 12 December 2021; Ref: scu.568571
Sir Mark Potter considered the validity of an Egyptian decree obtained in breach of a restraining injunction upon which the court had relied to preserve the status of marriage. Held: Recognition was refused on the facts.Sir Mark Potter P (obiter) said: ‘Had I been satisfied, upon a full and thorough examination of the position, that … Continue reading A v L: FD 11 Mar 2010
The parties disputed the effect of a talaq divorce granted to H in Pakistan. W disputed that notice of the divorce had been served upon her. The notice was not now available. Held: H’s evidence was credible. Sumner J [2007] EWHC 2945 (Fam), [2008] 2 FLR 857 Bailii Family Law Act 1986 46 51(3) 55 … Continue reading H v H: FD 12 Dec 2007
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful. Held: A person under 16 who was otherwise competent was entitled to seek medical assistance, … Continue reading Axon, Regina (on the Application of) v Secretary of State for Health and Another: Admn 23 Jan 2006
The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said that the information was subject to professional legal privilege and was otherwise confidential. They had admitted … Continue reading L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007
Application made by the plaintiff father, P, by way of an originating summons. He seeks an order that certain Children Act proceedings commenced by the defendant mother, G, should be stayed pursuant to s.5 of the Family Law Act 1986. The basis of his application is that the matters before the court should be heard … Continue reading P v G: FD 30 Apr 2010
Application for declaration of parenthood. Sir James Munby P FD [2016] EWHC 1572 (Fam) Bailii Human Fertilisation and Embryology Act 2008, Family Law Act 1986 55A England and Wales Family Updated: 06 December 2021; Ref: scu.566438
Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order. Held: The court pointed to the real difficulties always in such applications, and traced the development of the case law from the introduction … Continue reading In re AR (A Child: Relocation): FD 10 Jun 2010
Disputes arose between shareholders in a family company. Proceedings which expressly excluded the company were settled, but the company became insolvent. A later settlement was refused approval by the judge without the creditors consent. The claimant now sought a declaration that the earlier compromise bound the company. The company argued that the agreement was conditional … Continue reading Thakrar v Ciro Citterio Menswear Plc In Administration: ChD 1 Oct 2002
The home in which the family had lived was held in the name of a brother. Each party claimed that it was held in trust for them. Chancery proceedings had been consolidated into these ancillary relief applications. The home had been in the husband’s family and was subject to an old but uncompleted series of … Continue reading SQ v RQ and Another: FD 31 Jul 2008
Application by W for declaration of non-recognition of a ‘panchayat’ divorce registered in Gujarat, India Parker J [2013] EWHC 694 (Fam) Bailii Family Law Act 1986 55 England and Wales Family, International Updated: 17 November 2021; Ref: scu.513756
Application for a declaration of marital status – customary marriage ceremony in Nigeria Peter Jackson J [2015] EWFC 28 Bailii Family Law Act 1986 55(1)(a) England and Wales Family Updated: 12 November 2021; Ref: scu.549912
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
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 system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
Principles for Proprietary Estoppel A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement existed. Claims were made for a constructive trust, proprietary estoppel and restitution. Held: … Continue reading Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005
H has no right to sexual intercourse with W – rape The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left their matrimonial house and gone to her … Continue reading Regina v R: HL 23 Oct 1991
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
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
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The applicant sought a declaration of parenthood. She and her same sex partner had been asked to signthe wrong forms when undergoing fertility treatment. Held: The court was able to rely upon the euitable doctrine of recification were there had, as here, been a clear mistake. In this cas a wholesale transposition of the content … Continue reading G, Re (Human Fertilisation and Embryology Act 2008): FD 6 Apr 2016
Fairness of SIAC procedures Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this would not happen. Held: Though in each case, SIAC had considered special materials, the … Continue reading RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009
Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995
The claimant, as trustee for the deceased’s insolvent estate, sought a declaration that a transfer of the deceased’s share in property made by the executors was void as being at an undervalue. The property was subject to a right of occupation in favour of one of the purchaser, one of the defendants, and therefore reduced … Continue reading Williams v Lawrence and Another: ChD 28 Jul 2011
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual nature of the deal, it was not in law a surrender. … Continue reading Barrett and others v Morgan: HL 27 Jan 2000
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and … Continue reading Matthews v Ministry of Defence: HL 13 Feb 2003
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
A husband and wife disputed ownership of the matrimonial home in the context of the presumption of advancement.Lord Reid said: ‘These considerations have largely lost their force under present conditions, and, unless the law has lost its flexibility so that the courts can no longer adapt it to changing conditions the strength of the presumption … Continue reading Pettitt v Pettitt: HL 23 Apr 1969
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the newspaper’s own investigative findings. Challenge to the so-called ‘repetition rule’ which generally applies to reported speech in defamation proceedings. … Continue reading Curistan v Times Newspapers Ltd: CA 30 Apr 2008
The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest in it as the matrimonial home. She said there had been a common understanding or … Continue reading Lloyds Bank plc v Rosset: HL 29 Mar 1990
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
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The Board considered whether there were only three situations in which joint owners of property could be found to be tenants in common, and whether there were other circumstances which could lead to a contrary conclusion. Held: It was improbable that a joint tenancy in equity was intended where joint tenants in law held commercial … Continue reading Malayan Credit Ltd v Jack Chia-MPH Ltd: PC 1986
Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014
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
Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003
Limit to Declaratory Refilef as to Future Acts The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act. Held: Declaratory relief as to the criminality of future conduct is available but … Continue reading Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another: HL 26 Jun 2003
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
(Grand Chamber) The claimant said that his rights had been infringed by the mandatory imposition of a life sentence after conviction for murder. Only the President could order the release of such a prisoner, either by exercising the power of mercy under article 53(4) of the Constitution or by ordering release on licence He had … Continue reading Kafkaris v Cyprus: ECHR 12 Feb 2008
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014
Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019
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
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The father had been awarded shared residence for three children. He asked the local authority to provide appropriate housing. Held: The authority’s appeal succeeded. ‘When any family court decides with whom the children of separated parents are to live, the welfare of those children must be its paramount consideration: the Children Act 1989, section 1(1). … Continue reading Holmes-Moorhouse v Richmond Upon Thames: HL 4 Feb 2009
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a nuisance. The local authority then successfully brought summary proceedings for possession, on the ground … Continue reading Connors v The United Kingdom: ECHR 27 May 2004
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase. Held: The increase in the minimum term to be served was an increase in the sentence. A … Continue reading Regina v Secretary of State for the Home Department Ex parte Anderson: HL 25 Nov 2002
