The unmarried couple bought a property together. Mr K appealed against an award of 90% of the property to his former partner. The court was asked, whether, following Stack v Dowden, it was open to the court to find that the parties had agreed that their interests should be ambulatory and held unequally. Held: (Jacob … Continue reading Kernott v Jones: CA 26 May 2010
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017
Application made by the Commissioner of Police of the Metropolis for a forced marriage protection order pursuant to Part 4A of the Family Law Act 1996 Judges: Holman J Citations: [2019] EWHC 1868 (Fam) Links: Bailii Statutes: Family Law Act 1996 Jurisdiction: England and Wales Family Updated: 17 July 2022; Ref: scu.639774
M, a girl aged 16 had become estranged from her mother, and sought housing assistance. She was not referred to the authority’s children’s services, and was not housed. The House examined the duties of local authorities under the section towards children aged 16 and 17 without support from their families. The 1989 Act referred to … Continue reading M, Regina (on the Application of) v London Borough of Hammersmith and Fulham: HL 27 Feb 2008
The claimant, whilst pregnant, travelled from Ireland to, and gave birth in France, to use their system of anonymous registration. She wanted the child adopted, and, following the birth, the system whereby she could request the return of the child within a two month period was twice explained to her. She was told that, after … Continue reading Kearns v France: ECHR 10 Jan 2008
The claimant asserted an interest in several properties by virtue of a common intention constructive trust or by proprietary estoppel. The parties had been engaged to be married. Held: ‘A [constructive] trust arises in connection with the acquisition by one party of a legal title to property whenever that party has so conducted himself that … Continue reading Van Laethem v Brooker and Another: ChD 12 Jul 2005
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised. Held: … Continue reading British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007
The applicant had been agreed to be homeless with priority need, and had been provided with an assured shorthold tenancy. Held: The Legislation now allowed broadly three classes of accomodation as suitable: (1) accommodation owned by the local authority; (2) accommodation in the hands of registered social landlords; and (3) private rented accommodation. The tenant … Continue reading Griffiths v St Helens Council: CA 7 Mar 2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified. Held: The protection given by the order against identification of the child did not continue beyond the … Continue reading Clayton v Clayton: CA 27 Jun 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
The claimants had sought court orders against the hospital to secure continuing life-supporting treatment for their daughter who had been born very severely disabled. The Trust now sought their costs from the various actions. Held: The parents should pay nothing: ‘We are very conscious of the fact that W continues to be treated by the … Continue reading D and D W v Portsmouth Hospital NHS; in re W (A Child): CA 3 May 2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on Reynolds privilege. Held: The appeal failed. The judge had applied the correct tests for … Continue reading George Galloway MP v The Telegraph Group Ltd: CA 25 Jan 2006
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract … Continue reading 1 Pump Court Chambers v Horton: EAT 2 Dec 2003
The provisions requiring local authorities to look to the welfare of children within their area was a general one, and was not enforceable to secure the interests of individual children. It was not the case that a ‘target’ duty crystallised into an enforceable one, once a child’s needs had been assessed. If that had been … Continue reading Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough. Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy had been adopted after an acute shortage of affordable housing. That policy was not … Continue reading Calgin, Regina (on the Application of) v London Borough of Enfield: Admn 29 Jul 2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays. Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep … Continue reading Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
The claimant, the estranged adult daughter of the deceased, had claimed under the 1975 Act. The judge made an order for payment of pounds 50,000 by way of capitalisation of maintenance. The claimant appealed saying she should have received more, and the charities (beneficiaries under the will) said that no payment should have been ordered … Continue reading Ilott v Mitson and Others: CA 31 Mar 2011
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later on his own petition. The trustees appealed refusal of the court to set … Continue reading Hill and Another v Haines: ChD 3 May 2007
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003
The applicant sought to re-open a coroner’s inquest. The deceased had been drunk, slipped banged his head and fallen to the ground. Police and ambulance were called. The ambulance worker was not told he had been unconscious, and he was taken to the police station. At the police station, he became seriously ill. He died … Continue reading Regina on the Application of Mullholland v HM Coroner for St Pancras: QBD 7 Nov 2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There remained unresolved suspicions of negligence having been covered up. They had been refused legal aid to … Continue reading Khan, Regina (on the Application of) v Secretary of State for Health: CA 10 Oct 2003
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal re-instated it, and the applicants now appealed again. The applicants had first sought advice from the council and had … Continue reading Din (Taj) v Wandsworth London Borough Council: HL 26 Nov 1981
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
The court considered the direction to be given as to the existence of provocation so as to reduce a charge of murder to one of manslaughter. The reasonable man in the definition should be one with the defendant’s mental condition. ‘The judge should state what the question is using the very terms of the section. … Continue reading Regina (Director of Public Prosecutions) v Camplin: HL 1978
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 Jan 2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights Act. The service of the original notice to quit, engaged the Human Rights Act, but the action taken was lawful … Continue reading Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson: CA 25 Jan 2002
The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside … Continue reading Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000
The Asprey family had been in business for many years. Their business was incorporated, and later sold to the claimants. A member of the Asprey family sought to carry on new businesses through limited companies using the family name. Upon request, he changed the names to the names of the respondent companies. Later he left … Continue reading Asprey and Garrard Ltd v WRA (Guns) Ltd and Another: CA 11 Oct 2001
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did not regulate sufficiently the use of covert listening devices to protect the individual’s rights under the … Continue reading Khan v The United Kingdom: ECHR 12 May 2000
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
The defendant sought to set aside an order for possession under a mortgage. Held: Where a case was strong enough on its face in terms of conduct and terms, unconscionable conduct could be inferred if there was no explanation offered to displace that inference. Judges: Ward LJ, Millett LJ Citations: [2000] Lloyd’s LR 19, [2000] … Continue reading Portman Building Society v Dusangh and Others: CA 19 Apr 2000
The court considered the proper order for a transfer of a property held under a joint tenancy following a divorce. Held: The court must have regard to all the circumstances of the case, and the judge had to make a fair and balanced decision. His discretion could not be limited to exclude consideration of the … Continue reading Lake v Lake: CA 20 Jul 2006
A petitioner for a decree of nullity of an English marriage in the English courts on the grounds of lack of consent to the marriage, having failed to obtain such decree, obtained a declaration from the Belgian court that the English marriage, was void ab initio on the ground that the marriage was merely a … Continue reading Vervaeke v Smith: HL 1983
The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. Citations: [2010] EWHC 414 (Admin), (2010) 13 CCL Rep 227 Links: Bailii Statutes: Chronically Sick and Disabled Persons Act 1970 2(1), National Health … Continue reading Savva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea: Admn 11 Mar 2010
The applicant was convicted in 1988 of drug offences committed in 1986. The judge passed a sentence of imprisonment but imposed a confiscation order pursuant to an Act that came into force in l987. Held: The concept of penalty in Article 7 was an autonomous Convention concept and that to render the protection of Article … Continue reading Welch v United Kingdom: ECHR 15 Feb 1995
A director’s pension scheme could be treated as a post-nuptial marriage settlement where the director was the only scheme member. It was thus a matrimonial asset capable of variation by a court in ancillary relief proceedings in a divorce. The court sought to define a marriage settlement: ‘In the Matrimonial Causes Act 1973 settlement is … Continue reading Brooks v Brooks: HL 29 Jun 1995
Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by magistrates. The question was whether or not they had acted in excess of jurisdiction. … Continue reading Benham v United Kingdom: ECHR 8 Feb 1995
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005
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
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ A charging officer is simply required to make an assessment of whether … Continue reading Glinski v McIver: HL 1962
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955
The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s interest in the matrimonial home and then sought an order under section … Continue reading Barclays Bank Plc v Hendricks and Another: ChD 3 Nov 1995
When attaching a power of arrest on a non-molestation order the court should consider attaching it only to that element which restricts violence or proximity rather than to any part relating to harassment. When considering sentence for a breach, the court should consider the full circumstances, including any mitigation, and its full range of powers, … Continue reading Hale v Tanner: CA 22 Aug 2000
The husband appealed against his committal for contempt of a court order in family proceedings. The court had heard the wife’s application for his committal at the same time as his application for contact with the children. Held: The appeal was allowed. The judge had erred. He did not enquire as to why legal aid … Continue reading Hammerton v Hammerton: CA 23 Mar 2007
The defendant appealed against his conviction for breach of a non-molestation order. He said that the prosecutor should have had the burden of proving that he had no lawful excuse for the acts complained of. He was said to have gone to the complainant’s offices to make telephone calls in breach of the order. He … Continue reading Regina v Richards: CACD 10 Mar 2010
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
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
Then plaintiff saw her husband killed and her children injured by a runaway motor car. At trial she was awarded damages for nervous shock. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to overcompensate her by failing to make a deduction for the … Continue reading Hinz v Berry: CA 1970
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
Within two hours of a case conference which mentioned possible removal of children, but agreed other steps, the local authority applied for an emergency protection order, and forcibly removed the child from the family. Held: The decision making processes adopted by both the authority and the family court were badly flawed. An Emergency Protection Order … Continue reading In re X, (Emergency Protection Orders): FD 16 Mar 2006
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
Claim to recover money and property said to have been transferred by the claimant to the defendants or one or more of them. The money concerned came from a bank account belonging to the claimant. The property concerned consisted of two dwelling-houses, one which the claimant had inherited from her parents, and in which she … Continue reading Scott v Bridge and Others: ChD 25 Nov 2020
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
A finding in ancillary relief proceedings is not binding on others who were not themselves parties, and third parties should be allowed to be joined if necessary.Lord Denning MR said: ‘It seems to me that, under section 24 of the 1973 Act, if an intervenor comes in making a claim for the property, then it … Continue reading Tebbutt v Haynes: 1981
The respondents took valued insurance, including war risks, on a cargo which was later destroyed by the Confederate cruiser Alabama. The underwriters paid to the respondents as on an actual total loss the valued amounts, which were less than the real value. Under a subsequent Act of Congress which created a compensation fund, the US … Continue reading Burnand v Rodocanachi: HL 1882
The husband had left the wife for another woman. Adultery by the husband was not a ground for divorce absent aggravating circumstances, such as incest. The parties had entered into a deed of separation under which the husband had paid two lump sums and agreed to make weekly payments of andpound;20 for the life of … Continue reading Hyman v Hyman: 1929
The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement that the interference with the applicant’s Article 10 rights should be ‘prescribed by law’. ‘the assessment of whether the interference … Continue reading Bamber v United Kingdom: ECHR 11 Sep 1997
The child was born with Down’s Syndrome and an intestinal blockage. She needed the obstruction to be relieved if she was to survive. If the operation were performed, the child might die within a few months but it was probable that her life expectancy would be 20-30 years. Her parents, having decided that it would … Continue reading In Re B (A Minor) (Wardship: Medical Treatment): CA 1981
The requirement of the doctrine of part performance is that the acts of part performance relied upon must be ‘referable’ to the contract sued on. The principle underlying the doctrine of part performance was expressed by Lord Selborne: ‘In a suit founded on such part performance, the defendant is really ‘charged’ upon the equities resulting … Continue reading Maddison v Alderson: HL 1883
(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
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
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
The wholesalers sought approval from the respondent for the wholesale supply of duty-paid alcohol. Approval was refused, but the parties sought a means of allowing a temporary approval pending determination by the FTT. The two questions considered were: (1) What power does HMRC have to permit a person to carry on trading pending the determination … Continue reading OWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs: SC 19 Jun 2019
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated in Canada, and denied that the English court had jurisdiction. Each party … Continue reading Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she had been rehoused outside the Borough and that the Coucil had … Continue reading Nzolameso v City of Westminster: SC 2 Apr 2015
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
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
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
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8. Held: The application was dismissed. the court noted that, as society moved towards a more equal sharing of responsibilities … Continue reading Petrovic v Austria: ECHR 27 Mar 1998
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006
The parties disputed the domicile of the tax-payer. He had a domicile of origin in the UK, but asserted that he had acquired a domicile of choice in the Seychelles. The Special Commissioners had allowed, in assessing the domicile at any time, of evidence of later events. Held: The taxpayer’s appeal failed. The Commissioners could … Continue reading Gaines-Cooper v HM Revenue and Customs: ChD 13 Nov 2007
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such evidence. The need for openness at such an inquiry did … Continue reading A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others: CA 28 Jul 1999
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
There was a dispute about the legitimacy of an heir to the title. New evidence had been discovered after the trial. Held: The House considered whether a new trial of an action might be ordered after discovery of new evidence: ‘The law knows, and we all know, that sometimes fresh material may be found, which … Continue reading The Ampthill Peerage Case: HL 1977
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
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
