Search Results for: Children

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In re A (Children) (Care proceedings: Asylum seekers): FD 16 May 2003

In the course of care proceedings, it had become apparent that the sole purpose in their continuance by the parents was not that the children were at any real or substantial risk of harm, but rather that their continuance influenced the parents’ ability to stay within the UK. There was no evidence of any risk … Continue reading In re A (Children) (Care proceedings: Asylum seekers): FD 16 May 2003

In re M (Children): CA 31 Jul 2019

Disclosure was sought of statements made in care proceedings to support criminal investigation of allegation of terrorism involvement Judges: Sir Andrew McFarlane P, Simon, Davies LJJ Citations: [2019] EWCA Civ 1364, [2019] WLR(D) 468 Links: Bailii, WLRD Jurisdiction: England and Wales Children, Litigation Practice Updated: 21 July 2022; Ref: scu.640101

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 15 Dec 2008

The claimant, a nurse employed by the defendant, appealed against the refusal of her claim for personal injury suffered operating a hoist whose wheels jammed when they hit a plinth in the floor. No risk assessment was in place. Held: The judge had not separately considered the allegation of breach of regulation 4(1)(b)(ii). This was … Continue reading Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust: CA 15 Dec 2008

In re B (Children) (Removal from jurisdiction); In re S (Child) (Removal from jurisdiction): CA 30 Jul 2003

Mothers appealed refusal of leave to remove their children from the jurisdiction so that they could make a life with a new partner. Held: The case of Payne was not directly of effect, because the mother there was returning to her home country. It did show the need to see where the new family would … Continue reading In re B (Children) (Removal from jurisdiction); In re S (Child) (Removal from jurisdiction): CA 30 Jul 2003

In re B (Children): CA 22 Jul 2008

The court heard an application for leave to appeal. The mother wished to return to Germany with the children. The father sought a residence order with him in England. Judges: Thorpe LJ, Rix LJ, Longmore LJ Citations: [2008] EWCA Civ 1034 Links: Bailii Jurisdiction: England and Wales Children Updated: 19 July 2022; Ref: scu.276656

Secretary of State for Children Schools and Families v Fletcher: EAT 30 Sep 2008

EAT Fixed Term Employment Regulations The Secretary of State for Children Schools and Families who employs teachers only in the European Schools may not claim as objective justification for imposing a 9 year fixed term rule on his employees, the existence of the rule in Staff Regulations adopted by the European Schools pursuant to a … Continue reading Secretary of State for Children Schools and Families v Fletcher: EAT 30 Sep 2008

Re M (Disclosure: Children and Family Reporter): CA 31 Jul 2002

The question arose as to whether a Cafcass officer acting as a children and family reporter (CFR) in private law proceedings required the permission of the court before referring to the local authority’s social services department for further investigation allegations by the child’s mother about the child’s father made by her to the CFR in … Continue reading Re M (Disclosure: Children and Family Reporter): CA 31 Jul 2002

Church of England Children’s Society v Revenue and Customs: ChD 29 Jul 2005

The Society sent out free newsletters to its unpaid fund-raisers and supporters. They sought to deduct input tax charged to them from the supplies associated with the costs. Held: The Society might be able to deduct such tax as residual input tax. The charity did carry on a business and made taxable supplies. The matter … Continue reading Church of England Children’s Society v Revenue and Customs: ChD 29 Jul 2005

Re C (Children): FC 28 Apr 2021

Judges: His Honour Judge Booth Citations: [2021] EWFC B72 Links: Bailii Jurisdiction: England and Wales Children Updated: 15 July 2022; Ref: scu.670963

Watson v The National Children’s Home and Others: ChD 9 Oct 1995

Where a will imposed an impossible condition on a gift in the will, then the condition is deemed to be spent, and the gift to be unconditional. Judges: HHJ Colyer QC Citations: Times 31-Oct-1995, Gazette 18-Oct-1995 Jurisdiction: England and Wales Cited by: Cited – Naylor and Another v Barlow and Others ChD 19-Jun-2019 ‘two interesting … Continue reading Watson v The National Children’s Home and Others: ChD 9 Oct 1995

Re W (Children), GW (The Father) Litigant in Person: CA 26 Jul 2007

The father sought to appeal an order with respect to contact with his children, alleging ‘that the reasons he is not having contact with his children are a combination of maternal deceit, the deliberate alienation of the children from him by their mother, and a gullible and corrupt family justice system which has dishonestly and … Continue reading Re W (Children), GW (The Father) Litigant in Person: CA 26 Jul 2007

Great Ormond Street Hospital for Children NHS Trust v Patel: EAT 22 Jun 2007

EAT Unfair dismissal – Reinstatement/re-engagementPractice and Procedure – Adequacy of ReasonsClaimant was a radiographer who became unable to do clinical work as a result of illness and was made redundant – Tribunal held that she was unfairly dismissed because of lack of consultation about alternatives and that she had suffered disability discrimination because it would … Continue reading Great Ormond Street Hospital for Children NHS Trust v Patel: EAT 22 Jun 2007

Re H (Children): CA 2 May 2007

Mother’s appeal against order discharging child residence order with her and for temporary residence with father. Citations: [2007] EWCA Civ 529 Links: Bailii Jurisdiction: England and Wales Children Updated: 11 July 2022; Ref: scu.253433

In re H (Children) (Contact Order) ( No 2): FD 22 Jun 2001

Exceptional circumstances might exist such that the need to protect a child’s primary carer would require the court to safeguard that at the expense of the immediate consideration of the welfare of the children. Here, contact had been established after the separation, but the father suffered a degenerative disease, and threatened his own suicide, and … Continue reading In re H (Children) (Contact Order) ( No 2): FD 22 Jun 2001

Birmingham Childrens Hospital NHS Foundation Trust (Decision Notice): ICO 22 Apr 2013

The complainant has requested information relating to a review of the paediatric intensive care unit at Great Ormond Street Hospital. The Commissioner’s decision is that Birmingham Children’s Hospital NHS Foundation Trust (the Trust) does not hold the requested information. The Commissioner does not require any steps to be taken as a result of this decision … Continue reading Birmingham Childrens Hospital NHS Foundation Trust (Decision Notice): ICO 22 Apr 2013

FO and others (Children: Settlement, OM Distinguished) Nigeria: IAT 4 Dec 2006

IAT The Tribunal’s remarks in OM about the Immigration Rules relating to the settlement of children (paragraphs 296 to 316 of HC 395) are obiter, and are not to be taken as an authoritative interpretation of those rules. Thus, there is no requirement that when a child applies for a settlement visa, there must be … Continue reading FO and others (Children: Settlement, OM Distinguished) Nigeria: IAT 4 Dec 2006

Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006

The Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ deficiencies had had ‘subtle and ambiguous consequences’ for the children. Such consequences could not amount to significant … Continue reading Re L (Children), (Care Proceedings: Significant Harm): CA 25 Aug 2006

Re D (Children): CA 6 Jul 2005

Father’s appeal in care and adoption proceedings. Judges: Lord Justice Ward Lord Justice Aldous Lord Justice Clarke Citations: [2005] EWCA Civ 825 Links: Bailii Jurisdiction: England and Wales Adoption Updated: 06 July 2022; Ref: scu.228231

Representation of Children in Family Proceedings pursuant to FPR 1991 rule 9.5: 5 Apr 2004

Guidance was given including the following: ‘A litigant in person wishing to have the help of a McKenzie Friend should be allowed to do so unless the judge is satisfied that fairness and the interests of justice do not so require. The presumption in favour of permitting a McKenzie Friend is a strong one . … Continue reading Representation of Children in Family Proceedings pursuant to FPR 1991 rule 9.5: 5 Apr 2004

Royal Liverpool Children’s NHS Trust v Dunsby: EAT 1 Dec 2005

EAT Disability Discrimination: Justification and Unfair Dismissal: Reasonableness of Dismissal – Tribunal erred in law in its approach to justification (DDA) and s98(4). Judges: His Honour Judge Richardson Citations: UKEAT/0426/05, [2005] UKEAT 0426 – 05 – 0112 Links: Bailii, EAT Jurisdiction: England and Wales Discrimination, Employment Updated: 05 July 2022; Ref: scu.238279

In re I (Children): CA 24 May 2019

The court considered the approach to be taken where a court having sent to the parties a draft judgment, he received from counsel a request for clarification of a paragraph in it. Judges: Bean, King, Singh LJJ Citations: [2019] EWCA Civ 898, [2019] WLR(D) 311 Links: Bailii, WLRD Jurisdiction: England and Wales Children, Litigation Practice … Continue reading In re I (Children): CA 24 May 2019

Base Childrenswear Ltd v Otshudi: EAT 28 Feb 2019

RACE DISCRIMINATION – Injury to feelings RACE DISCRIMINATION – Other losses Race discrimination – injury to feelings and other (non-pecuniary) losses The Claimant had pursued ET proceedings, complaining of various acts of harassment because of race in respect of six incidents during her employment and from the fact and manner of her dismissal. Finding that … Continue reading Base Childrenswear Ltd v Otshudi: EAT 28 Feb 2019

National Society for the Prevention of Cruelty to Children v Scottish National Society for the Prevention of Cruelty to Children: HL 1915

A Scotsman left his money to a beneficiary which he called the National Society for the Prevention of Cruelty to Children. Held: The House refused to accept that a gift to the ‘National Society for the Prevention of Cruelty to Children’ should go to the society of that name, which had its head office in … Continue reading National Society for the Prevention of Cruelty to Children v Scottish National Society for the Prevention of Cruelty to Children: HL 1915