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Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

D and F Estates v Church Commissioners for England: HL 14 Jul 1988

The House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the negligence or other torts committed by the contractor in the course of the execution of the work. … Continue reading D and F Estates v Church Commissioners for England: HL 14 Jul 1988

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989

At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989

The Local Authority v RK and RU and Z (by her Children’s Guardian): FD 21 Aug 2008

Three elder brothers and sisters of Z had been taken into care after one suffered serious non-accidental injury. Before Z’s birth the authority planned for a placement, but had stayed with her parents for nearly a year subject to supervision in the hope that she could stay there. The evidence was that she could not … Continue reading The Local Authority v RK and RU and Z (by her Children’s Guardian): FD 21 Aug 2008

The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application): FD 12 Dec 2003

The father sought to withdraw his application for contact, but the court took the opportunity to explain some points relating to contact disputes. Held: Such disputes engender very deep feelings. Courts must ensure contact with both parents save when absolutely necessary. Joint residence order should be more widespread, but they were not the default order. … Continue reading The Father v The Mother, O by Cafcass Legal; In re O (a Child) (Contact: Withdrawal of application): FD 12 Dec 2003

Re H (A Minor) (Custody: Interim Care and Control): CA 1991

Lord Donaldson of Lymington MR said: ‘So it is not a case of parental right opposed to the interests of the child, with an assumption that parental right prevails unless there are strong reasons in terms of the interests of the child. It is the same test which is being applied, the welfare of the … Continue reading Re H (A Minor) (Custody: Interim Care and Control): CA 1991

KA, Regina (on The Application of) v Essex County Council: Admn 18 Jan 2013

The claimant, an illegal immigrant challenged the refusal of the respondent Council to provide support to her children under the 1989 Act. Judges: Robin Purchas QC Citations: [2013] EWHC 43 (Admin), [2013] 1 WLR 1163, [2013] 2 FCR 319, [2013] BLGR 363, [2013] WLR(D) 60, (2013) 16 CCL Rep 63 Links: Bailii, WLRD Statutes: Children … Continue reading KA, Regina (on The Application of) v Essex County Council: Admn 18 Jan 2013

AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

Caim for judicial review brought by the mother of four children against a decision made by Birmingham City Council relating to payments to be made to her for both her benefit and that of the children, under provisions of the Children Act, in particular section 17, but also potentially section 20. The overall effect of … Continue reading AC, Regina (on the Application of) v Birmingham City Council: Admn 18 Nov 2008

Kebede and Another, Regina (on The Application of) v Newcastle City Council: CA 31 Jul 2013

The claimant challenged refusal by the defendant to provide financial support for his studies. Judges: Laws, McCombe LJJ, Sir Stanley Burnton Citations: [2013] EWCA Civ 960, [2013] WLR(D) 322 Links: Bailii, WLRD Statutes: Children Act 1989 23C(4) 24B(2) Jurisdiction: England and Wales Citing: Appeal from – Kebede and Another v Secretary of State for Business … Continue reading Kebede and Another, Regina (on The Application of) v Newcastle City Council: CA 31 Jul 2013

In re B (A Child); GB v RJB, GLB: CA 11 Jun 2009

‘This case raises a number of points of interest for the profession relating: (1) to second appeals in children’s cases; and (2) to the application of the welfare test under section 1 of the Children Act 1989 (the 1989 Act) to a case involving a residence dispute between the father and the maternal grandmother of … Continue reading In re B (A Child); GB v RJB, GLB: CA 11 Jun 2009

E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be broadcast, and she wished to criticise her care. Held: An injunction was refused. ‘If Pamela has … Continue reading E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

McKennitt and others v Ash and Another: QBD 21 Dec 2005

The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005

A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

The court declined appeals against findings that local authorities through social workers could properly assess whether the claimants were under eighteen and entitled, though asylum seekers, to housing provision and support under the 1989 Act. Judges: Ward, maurice Kay LJJ, Sir John Chadwick Citations: [2008] EWCA Civ 1445, [2009] PTSR 1011, [2009] ACD 17, [2009] … Continue reading A, Regina (on the Application of) v London Borough of Croydon: CA 18 Dec 2008

Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991

Birmingham City Council v S and others: FD 1 Dec 2006

Care proceedings had been issued in respect of A at birth. The father sought a decision as to whether the paternal parents could be informed of the birth. He was from a Muslim background and feared that if told at the wrong time they might reject A. Judges: Sumner J Citations: [2006] EWHC 3065 (Fam), … Continue reading Birmingham City Council v S and others: FD 1 Dec 2006

In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996

The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents … Continue reading In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996

The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016

Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008

The claimants, a newspaper and its editor sought judicial review of a refusal to stay private prosecutions brought against them alleging breach of requirements that they not identify children involved in court proceedings, in this case those of the prosecutor. Held: This was ‘a clear case where the court’s conscience is offended by the fact … Continue reading Dacre and Another v City of Westminster Magistrates Court and others: Admn 16 Jul 2008

In re S (A Child): CA 12 Aug 2008

The mother of the child applied for leave to appeal against an order under section 38(9), seeking a residential assessment. Held: The judge had been exercising a discretion which he had done properly, and the court would not interfere with it. Judges: Mummery LJ, Wall LJ Citations: [2008] EWCA Civ 1078 Links: Bailii Statutes: Children … Continue reading In re S (A Child): CA 12 Aug 2008

In Re M (Residential Assessment Directions): FD 23 Sep 1998

When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not unreasonable. As to Re C: ‘ . . it does seem to … Continue reading In Re M (Residential Assessment Directions): FD 23 Sep 1998

Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

The mediator who had acted in attempting to resolve the dispute between the parties sought to have set aside a witness summons issued by the claimant who sought to have the mediated agreement set aside for economic duress. Held: In this case the balance was in favour of the mediator giving the evidence requested. In … Continue reading Farm Assist Ltd v Secretary of State for the Environment, Food and Rural Affairs (No 2): TCC 19 May 2009

In re N (A Child); A v G: FD 17 Jul 2009

The unmarried parents fought bitterly over residence contact with the child. Judges: Munby J Citations: [2009] EWHC 1807 (Fam) Links: Bailii Statutes: Children Act 1989 8 Jurisdiction: England and Wales Citing: See Also – N (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009 Application in respect of the proposed disclosure to the … Continue reading In re N (A Child); A v G: FD 17 Jul 2009

Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

MH, SB, MB v Local Authority (Supplemental Judgement): FD 3 Aug 2001

The effect of section 12(5)(b) of the Criminal Justice and Court Services Act 2000 was to continue the appointment of a child’s guardian ad litem after the making of a supervision order until the order expired or the guardian’s appointment was terminated by the court. His functions should be carefully defined to provide a specific … Continue reading MH, SB, MB v Local Authority (Supplemental Judgement): FD 3 Aug 2001

T (A Child) v Wakefield Metropolitan District Council: CA 19 Mar 2008

A supervision order had been made for twelve months. There was a concern at contact with the mother’s mother’s partner. The father appealed refusal of an order extending the period to three years. Held: Such an order was permissible. Judges: Lord Justice Thorpe, Lady Justice Arden and Lord Justice Hughes Citations: [2008] EWCA Civ 199, … Continue reading T (A Child) v Wakefield Metropolitan District Council: CA 19 Mar 2008

SN, PN and CN, Regina (on The Application of) v London Borough of Enfield London Borough of Haringey: Admn 29 Mar 2019

Challenge to the First Defendant’s decision to cease providing the claimants with accommodation and subsistence under section 17 of the Children Act 1989 following an assessment of their needs. Judges: Anne Whyte QC Citations: [2019] EWHC 793 (Admin) Links: Bailii Jurisdiction: England and Wales Local Government, Children Updated: 14 July 2022; Ref: scu.639685

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

In re H (A Child) (Interim Care Order): CA 12 Dec 2002

Once the threshhold criteria for a care order have been met, the court must still enquire on an application for an interim care order, as to whether there is an imminent risk of really serious harm to the child, whether the risk to the child’s safety requires the immediate separation requested. Judges: Thorpe LJ, Lawrence … Continue reading In re H (A Child) (Interim Care Order): CA 12 Dec 2002

Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Application for leave to appeal against refusal to order residential assessment under section 38(6). ECHR Articles 6 and 8, and the underlying philosophy of the 1989 Act, required that a case be fully investigated and that all the relevant evidence necessary should be in place before children were permanently removed from their natural families and … Continue reading Re L and H (Residential Assessment); CT and Another v Bristol City Council and others: CA 14 Mar 2007

Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by analogy, the principle that costs are not usually ordered in child cases. Held: The appeal … Continue reading Sutton London Borough Council v Davis (Number 2): FD 8 Jul 1994

Southwark London Borough Council v B and Others: FD 29 Jul 1998

The date for consideration of whether the first or second threshold criteria had been met for care was when application made, or if continuous temporary arrangements for care made, from the date those arrangements were installed. Consistency between limbs was required. Citations: Gazette 26-Aug-1998, Times 29-Jul-1998, Gazette 16-Sep-1998 Statutes: Children Act 1989 31(2)(a) Jurisdiction: England … Continue reading Southwark London Borough Council v B and Others: FD 29 Jul 1998

Re C (A Minor): FD 7 Aug 1995

Justices were to explain their findings of fact behind finding that the section 31 threshold had been reached. Citations: Ind Summary 07-Aug-1995 Statutes: Children Act 1989 31 Jurisdiction: England and Wales Children Updated: 09 July 2022; Ref: scu.85735

In re Jane (A Child): FD 1 Nov 2010

The mother had courted publicity for herself and her daughter. The local authority sought a care order, and an interim order made. It was anticipated that there was media interest in continued identification of the child (whose name as anonymised for this report). The authority sought an order restricting identification of the child and associated … Continue reading In re Jane (A Child): FD 1 Nov 2010

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

Re G, S and M (Wasted Costs): FD 20 Sep 1999

The court discussed the duty of counsel and their instructing solicitors in proceedings under the Children Act 1989 to ensure that expert witnesses are kept up to date with events in the case; and, in particular, that before expert witnesses are called to give oral evidence, they have been sent and have read all relevant … Continue reading Re G, S and M (Wasted Costs): FD 20 Sep 1999

In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006

The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 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

L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006

The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006

Desnousse v London Borough of Newham and others: CA 17 May 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

Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 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

Re B (Psychiatric Therapy for Parents): 1999

On the birth of their fourth child, the three older children having removed and adopted, the authority obtained psychiatric reports for the parents and applied for a further care order. One report offered treatment over two years, the other doubted whether rehabilitation was possible. The Guardian’s expert’s report suggest possible treament leading to rehabilitiation within … Continue reading Re B (Psychiatric Therapy for Parents): 1999

M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006

G, Re Application for Judicial Review: CA 11 Apr 2001

This appeal gives rise to important questions about the obligations of a local authority under the Children Act 1989 to provide accommodation and financial support for a child in need in its area when the mother herself is not entitled to housing for the homeless under the Housing Act 1996 nor to housing benefit nor … Continue reading G, Re Application for Judicial Review: CA 11 Apr 2001

AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006

The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease. Held: The court could not have made the interim order sought without first concluding … Continue reading AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006

A and D v B and E: FD 13 Jun 2003

In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003

In re B (Interim care order: Directions): CA 14 Jan 2002

The local authority applied for an interim care order immediately the child, B, was born. A proposal was made for the mother and child to move from the maternity hospital to a residential placement a mother and baby home which provided help in improving parents’ child care skills. The local authority was not prepared to … Continue reading In re B (Interim care order: Directions): CA 14 Jan 2002

Regina (A) v Lambeth London Borough Council: CA 5 Nov 2001

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

Langley and others v Liverpool City Council and others: CA 11 Oct 2005

Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005

AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005

Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to financial redress for his suffering. Held: The case could not be … Continue reading AM v Reverend Joseph Hendron and others: OHCS 13 Sep 2005

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003

In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before … Continue reading In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003

P v BW (Children Cases: Hearings in Public): FD 2003

The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing. Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the fair trial provisions of Article 61) of the European Convention for the Protection of Human … Continue reading P v BW (Children Cases: Hearings in Public): FD 2003

In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 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

Regina ex parte Spink and Another v The London Borough of Wandsworth: CA 18 Mar 2005

The applicants had two severely disabled children. They sought assistance from the local authority in carrying out the necessary adaptations to their home. The authority asked first as to their financial circumstances. They declined, saying that any such consideration was not relevant to the decision. Held: The statutes were unclear, but the result was that … Continue reading Regina ex parte Spink and Another v The London Borough of Wandsworth: CA 18 Mar 2005

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

Secretary of State for the Home Department v SP: CA 21 Dec 2004

The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 2004

A Local Authority v S: FD 15 Oct 2015

Application is by a Local Authority for a secure accommodation order, whether that be under Section 25 of the Children Act 1989 or else under the inherent jurisdiction of the High Court. Judges: Bodey J Citations: [2015] EWHC 3010 (Fam) Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 28 June 2022; … Continue reading A Local Authority v S: FD 15 Oct 2015