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In re McKerr (Northern Ireland): HL 11 Mar 2004

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

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

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

British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005

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

London Borough of Merton v LB: FD 19 Dec 2014

The court considered applications in the case of a proposed adoption of a child LB. The mother, Latvian, and the Latvian authorities opposed the application, saying that the child’s future should be settled in Latvia. CB had been taken into care under section 20 after findings of lack of care. Moylan J [2014] EWHC 4532 … Continue reading London Borough of Merton v LB: FD 19 Dec 2014

Re C: FC 24 Oct 2014

Application by the Local Authority for the making of a Care Order pursuant to s.31(1) Children Act 1989 in respect of ‘C’, Rawkins HHJ [2014] EWFC B159 Bailii Children Act 1989 31(1) England and Wales Children Updated: 24 December 2021; Ref: scu.540381

Re C (Children Appeal): FC 30 May 2014

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

Re C (Children): SC 14 Feb 2018

‘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

Sutton London Borough Council v Davis: FD 17 Mar 1994

Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered. Gazette 18-May-1994, Independent 17-Mar-1994, Times 17-Mar-1994 Children Act 1989 77(6) England and Wales Citing: See Also – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994 … Continue reading Sutton London Borough Council v Davis: FD 17 Mar 1994

Calderdale Metropolitan Borough Council v S and Another: FD 18 Oct 2004

An expert’s report was required for the purposes of care proceedings. The court ordered that the cost be paid as to half by the local authority, where there were three other parties. The authority appealed. Held: The authority’s appeal was allowed. The proportionate basis, where the cost was divided equally between the four parties was … Continue reading Calderdale Metropolitan Borough Council v S and Another: FD 18 Oct 2004

Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007

Originating summons in the inherent jurisdiction of the High Court asking for an order granting permission to interview two young girls, represented by CAFCASS Legal. The third defendant is the children’s mother, NP. The local authority in which the children and their mother reside, Manchester City Council, has also been represented as an interested party. … Continue reading Greater Manchester Chief Constable v KI and Another (Children) and others: FD 26 Jul 2007

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: QBD 5 Feb 2014

The court was asked whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer. The Costs judge had held that, as a matter of law, a supervening incapacity even if intermittent, automatically frustrates and thereby terminates a contract … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: QBD 5 Feb 2014

In Re L (A Child) (Contact: Domestic Violence); In Re V (A Child) (Contact: Domestic Violence); In Re M (A Child) (Contact: Domestic Violence); In Re H (A Child) (Contact: Domestic Violence); In re L, V, M and H (Children): CA 21 Jun 2000

When considering contact applications after domestic violence, the approach should be child centred, and according to the criteria in the Act. The circumstances of the violence should be looked into, and the potentially damaging effect of contact with a violent parent should not be underestimated. The parent’s possible contribution to the child and facing up … Continue reading In Re L (A Child) (Contact: Domestic Violence); In Re V (A Child) (Contact: Domestic Violence); In Re M (A Child) (Contact: Domestic Violence); In Re H (A Child) (Contact: Domestic Violence); In re L, V, M and H (Children): CA 21 Jun 2000

Whitmar Publications Ltd v Gamage and Others: ChD 4 Jul 2013

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

Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held: Any threat to their safety was not sufficient to justify not returning them to the … Continue reading Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

Norris v Government of United States of America: SC 24 Feb 2010

The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010

Lancashire County Council v R (A Minor) and others: FD 4 Dec 2008

The local authority sought a care order, alleging serious physical abuse of the child. The mother said that any injuries had been inflicted by the father. The father said that the cause was the mother. Held: The injuries were not likely to have been accidental. The court concluded that the likely perpetrator was the father. … Continue reading Lancashire County Council v R (A Minor) and others: FD 4 Dec 2008

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

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

Regina (B) v Merton London Borough Council: Admn 14 Jul 2003

The authority had to decide the age of the applicant, an asylum seeker, in order to decide whether a duty was owed to him under the Act. He complained that the procedure adopted was unfair. The 2002 Act did not apply to persons under 18, and he would be entitled to assistance from the respondent. … Continue reading Regina (B) v Merton London Borough Council: Admn 14 Jul 2003

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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 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

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

In Re D v D (Children) (Shared Residence Orders): CA 20 Nov 2000

Three children, after their parents’ separation, spent substantial amounts of time with each, despite the acrimony between their parents and frequent court applications. The father argued that without a shared residence order he was treated as a second-class parent by authorities with whom he had to deal over matters relating to the children. The judge … Continue reading In Re D v D (Children) (Shared Residence Orders): CA 20 Nov 2000

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

Ahmad, Regina (on the Application of) v London Borough of Newham: HL 4 Mar 2009

The claimant wished to be rehoused by the defendant authority. He complained that their allocations policy was unlawful. Once an applicant was deemed in priority need, he entered a pool if such persons and houses were allocated (save in extreme cases) to the persons longest on that list. He said that the policy should have … Continue reading Ahmad, Regina (on the Application of) v London Borough of Newham: HL 4 Mar 2009

Lauritzen A/A v Wijsmuller BV;( ‘The Super Servant Two’): CA 12 Oct 1989

Bingham LJ discussed the nature of frustration of contract: ‘The essence of frustration is that it is caused by some unforeseen supervening event over which the parties to the contract have no control and for which they are therefore not responsible. To say that the supervening event occurs without the default or blame or responsibility … Continue reading Lauritzen A/A v Wijsmuller BV;( ‘The Super Servant Two’): CA 12 Oct 1989

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

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

Y (Children In Care: Change of Nationality): CA 6 Aug 2020

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

Holmes-Moorhouse v Richmond Upon Thames: HL 4 Feb 2009

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

Re Gard (A Child): FD 24 Jul 2017

The baby boy suffered life threatening conditions. Doctors at the hospital sought directions to allow the withdrawal of life support. His parents wanted him to be given the chance of experimental treatment in the US. In April a declaration had been made allowing the withdrawal of life support. The parents appeals had been rejected by … Continue reading Re Gard (A Child): FD 24 Jul 2017

James v Eastleigh Borough Council: HL 14 Jun 1990

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

MWA (Afghanistan) v Secretary of State for The Home Department: CA 21 May 2014

The asylum claimant disputed the assessment that he was an adult. Maurice Kay, Davis, Floyd LJJ [2014] EWCA Civ 706 Bailii Children Act 1989 20 England and Wales Citing: Cited – A v London Borough of Croydon; Regina (WK) v Kent County Council Admn 8-May-2009 The claimants had arrived as asylum seekers, and said that … Continue reading MWA (Afghanistan) v Secretary of State for The Home Department: CA 21 May 2014

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 27 Jan 2015

This case concerns a claimant with fluctuating capacity to conduct legal proceedings. At a time when she had capacity, she retained a firm of solicitors under a conditional fee agreement. The issue was whether the CFA terminated automatically by reason of frustration when she subsequently lost capacity, so that it did not govern the continued … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 27 Jan 2015

Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017

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

ZM v JM; Re M (children) (fact-finding hearing: burden of proof); In re M (a Child) (Non-accidental injury: Burden of proof): CA 19 Nov 2008

When a court considered which of two parents might be responsible for a non-accidental injury to their child, what the court cannot do is decide that one parent is the perpetrator but that the other parent cannot be excluded as the perpetrator. Counsel had not brought to the attention of the court when applying for … Continue reading ZM v JM; Re M (children) (fact-finding hearing: burden of proof); In re M (a Child) (Non-accidental injury: Burden of proof): CA 19 Nov 2008

In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

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

Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004

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

In re S-B (Children) (Care proceedings: Standard of proof): SC 14 Dec 2009

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

O’Brien and others v Independent Assessor: HL 14 Mar 2007

The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007

JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry: HL 1989

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

In re S (Minors) (Care Order: Implementation of Care Plan): HL 14 Mar 2002

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

X Council v B (Emergency Protection Orders): FD 16 Aug 2004

Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points: (i) An EPO, summarily removing a child from his parents, is a ‘draconian’ and ‘extremely harsh’ measure, requiring … Continue reading X Council v B (Emergency Protection Orders): FD 16 Aug 2004

In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

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

Re C; FC 24 Oct 2014

References: [2014] EWFC B159 Links: Bailii Coram: Rawkins HHJ Application by the Local Authority for the making of a Care Order pursuant to s.31(1) Children Act 1989 in respect of ‘C’, Statutes: Children Act 1989 31(1)

Re B (Children); FC 15 Sep 2014

References: [2014] EWFC B155 Links: Bailii Coram: Wood HHJ In the context of an application for a care order the LA now presented a final care plan of permanence away from their birth family by way of adoption and, accordingly, sought placement orders in addition to care orders. Statutes: Adoption and Children Act 2002, Children … Continue reading Re B (Children); FC 15 Sep 2014

Re C (Children Appeal); FC 30 May 2014

References: [2014] EWFC B163 Links: Bailii Coram: Eaglestone HHJ 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 … Continue reading Re C (Children Appeal); FC 30 May 2014

Henderson v Henderson; 20 Jul 1843

References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843