The welfare of the child is not the paramount consideration on an application for child to be remanded to secure accommodation by Local Authority. Citations: Ind Summary 12-Dec-1994 Statutes: Children Act 1989 1 25 Jurisdiction: England and Wales Children Updated: 28 April 2022; Ref: scu.85817
The father had been sentenced to life imprisonment for the murder of the child’s mother. Application was made for the child to be made subject to a care order. The father appealed refusal of an order. Held: When an application was made on the basis that a child was suffering significant harm after making interim … Continue reading Re M (A Minor) (Care Orders: Threshold Conditions): HL 7 Jun 1994
A report obtained for Children Act proceedings has no privilege against use in evidence. Such proceedings are in the nature of inquisitorial proceedings. Litigation privilege was not applicable in care proceedings and a report prepared may be given to the police. Litigation privilege is essentially a creature of adversarial proceedings and thus cannot exist in … Continue reading In Re L (A Minor) (Police Investigation: Privilege): HL 22 Mar 1996
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
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019
The court was asked who, as between the parents and the local authority, could consent to an order depriving a child in residential care, of his liberty. Held: A local authority with parental responsibility by virtue of a care order or interim care order, or with any other statutory responsibilities for a child, cannot supply … Continue reading In re AB (A Child : Deprivation of Liberty): FD 28 Jul 2015
The Prison Service’s policy of refusing to allow children over the age of eighteen months to stay with their mother in prison was lawful. The impairment of family life was an inevitable and inherent part of the imposition of a sentence of imprisonment. The policy was to designed allow for the protection of children’s interests … Continue reading Regina (P) v Secretary of State for the Home Department, Regina (Q) v Same: QBD 1 Jun 2001
Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964
Claim for judicial review brought by three children, who are Nigerian nationals, about the level of financial assistance that the Defendant, the Council of the London Borough of Newham, provided under section 17 of the Children Act 1989 to meet the subsistence needs which they and their mother had (as they were destitute) while the … Continue reading PO and Others, Regina (on The Application of) v Council of The London Borough of Newham: Admn 28 Jul 2014
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005
Citations: [2017] EWFC B16 Links: Bailii Statutes: Children Act 1989 Jurisdiction: England and Wales Children Updated: 25 March 2022; Ref: scu.583669
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
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
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013
(Hong Kong) The claimant deposited money with a licensed deposit taker, regulated by the Commissioner. He lost his money when the deposit taker went into insolvent liquidation. He said the regulator was responsible when it should have known of the difficulties. Held: The requirements for a duty of care were a foreseeability of harm, and … Continue reading Yuen Kun-Yeu v Attorney-General of Hong Kong: PC 1987
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015
Balance of Interests in peaceful enjoyment claim (Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years. Held: Article 1 comprises three distinct rules: the first rule, set out in the first sentence of the first paragraph, is general … Continue reading Sporrong and Lonnroth v Sweden: ECHR 23 Sep 1982
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother. Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the publisher had no liability in contempt without knowledge. Contempt applied as regards wards of … Continue reading X v Dempster: FD 9 Nov 1998
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019
A trial judge had refused an order that steps should not be taken so as to allow S to be identified in reporting the trial of his mother for the alleged murder of his brother by salt poisoning. Held: The court dismissed the application for an injunction restraining the publication by newspapers of the identity … Continue reading Re S (A Child) (Identification: Restrictions on Publication): FD 19 Feb 2003
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is … Continue reading In Re Findlay, in re Hogben: HL 1985
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
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
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
The claimant sought to have set aside transfers and declarations of trust made by her in the defendant’s favour, saying that they had been given under his undue influence taking advantage of her dyslexia, and by bullying. Held: The claims of undue influence were not made out, and the documents were upheld. The claimant had … Continue reading Brown v Stephenson: ChD 23 Aug 2013
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed. Held: The charge was not to be enforced. The bank … Continue reading Barclays Bank Plc v O’Brien and Another: HL 21 Oct 1993
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
There had been a purported marriage in 1963 between a man and a male to female trans-sexual. Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that … Continue reading Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970
The court upheld a finding of negligence against a firm of solicitors for failing to ensure the correct attestation of a will, and also the award of damages in favour of a disappointed beneficiary.A solicitor owes a duty of care to the party for whom he is acting but generally owes no duty to the … Continue reading Ross v Caunters (a firm): ChD 1979
The claimants challenged alterations to the system of foster care provision. William Davis J [2015] EWHC 3615 (Admin), [2015] WLR(D) 525 Bailii, WLRD Children Act 1989 England and Wales Children Updated: 08 January 2022; Ref: scu.557151
The President of the Family Division, And, Sir Duncan Ouseley [2021] EWHC 1253 (Fam), [2021] 3 WLR 875, [2021] WLR(D) 280, [2021] Fam 404 Bailii, WLRD Vienna Convention on Diplomatic Relations, Children Act 1989, European Convention on Human Rights England and Wales Children, International, Human Rights Updated: 04 January 2022; Ref: scu.663809
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009
UTIAC 1. Where the Immigration Rules are silent as to interpretation, it may be necessary to refer to the Children Act 1989 (as amended) and other family legislation in order to construe those parts of the Rules which provide a route to entry clearance or leave to remain as a parent. 2. ‘Access’ in the … Continue reading JA (Meaning of “Access Rights”): UTIAC 17 Apr 2015
Preliminary issue arising in these proceedings in which a mother, ‘O’, seeks an order against her former partner, ‘P’, for financial relief under Schedule 1 to the Children Act 1989 in respect of their daughter, ‘S’ Mr Justice Baker, (In Private) [2011] EWHC 2425 (Fam), [2012] 1 FLR 329 Bailii England and Wales Children Updated: … Continue reading O v P: FD 5 Aug 2011
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
J was born at 27 weeks’, weighing only 1.1kg. He suffered very severe and permanent brain damage at the time of his birth, the brain tissue then lost being irreplaceable. He was epileptic and the medical evidence was that he was likely to develop serious spastic quadriplegia, would be blind and deaf and was unlikely … Continue reading In re J (a Minor) (Wardship: Medical treatment): CA 1 Oct 1990
Application for financial provision for a child. Baker J [2014] EWHC 2225 (Fam) Bailii Children Act 1989 Sch 1 England and Wales Children Updated: 12 December 2021; Ref: scu.534043
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of the orders. Held: The orders should be lifted to the extent compatible with preserving the child’s interests. … Continue reading LM, Re (Reporting Restrictions; Coroner’s Inquest): FD 1 Aug 2007
Beldam, Pill, Thorpe LJJ [1999] EWCA Civ 3031, [1999] 2 FLR 881, [2000] LGR 125, [1999] Fam Law 687, [2000] BLGR 125, [2001] Fam 364, [2000] 2 WLR 193, [1999] 3 FCR 385 Bailii Children Act 1989 31(8) 105(6) England and Wales Children, Local Government Updated: 03 December 2021; Ref: scu.346266
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The 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
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
The applicant applied for housing being a homeless single mother. The council found that she was intentionally homeless, and was required to leave the temporary accomodation provided. The judge considered that the phrase ‘reasonable opportunity of securing accommodation’ involved consideration by the local authority both of the applicant’s individual situation and that of the authority … Continue reading Conville v London Borough of Richmond-Upon-Thames: CA 8 Jun 2006
Defence of Necessity has a Place in Criminal Law The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he drove the boy to work, since she … Continue reading Regina v Martin (Colin): CACD 29 Nov 1988
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996
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
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
Authority’s Failure to comply with directions The court considered the failure by the local authority applicant repeatedly to comply with court orders whils applying for care orders. Held: ‘Case management directions are not mere administrative pedantry. The seemingly mundane nature of case management directions belies the fact that they are crucial to the fair administration … Continue reading London Borough of Redbridge v A, B and E (Failure To Comply With Directions): FD 17 Oct 2016
The claimant suffered locked-in syndrome and sought relief in a form which would allow others to assist him in committing suicide. The court considered whether the case should be allowed to proceed rather than to be struck out as hopeless. Held: The case was arguable and should be allowed to proceed: ‘However, the point that … Continue reading Nicklinson v Ministry of Justice and Others: QBD 12 Mar 2012
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
The authority sought orders to prevent the respondent children travelling to countries controlled by the ISIS groups. The parents being unlikely to be effective to restrain them, the court had made them wards of court. Held: ‘the status of a Ward of the High Court of England and Wales has achieved international recognition. For this … Continue reading Tower Hamlets v M and Others: FD 27 Mar 2015
Child’s Wish for post-mortem cryonic Preservation JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents were divorced, and they differed as … Continue reading Re JS (Disposal of Body): FD 10 Nov 2016
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied details of convictions to the press. The point taken was that it was not concerned with … Continue reading Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The father sought leave to appeal against care orders made in respect of his three children. The family were Pakistani Pathan muslims. There had been disputes and violence within the extended family. One family member sought protection but was now alleged herself to be responsible for threats and violence. After a fire, the children were … Continue reading AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
(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
Not Homeless Even if Accomodation Inadequate The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s decision that they had accommodation. They … Continue reading Regina v Hillingdon London Borough Council Ex parte Puhlhofer: HL 2 Jan 1986
Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
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
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the order infringed his right against self-incrimination. He had permitted the search … Continue reading C Plc v P and Attorney General Intervening: CA 22 May 2007
No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001
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
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
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the defence that the disclosures had been made by him in the public or … Continue reading Regina v Shayler: HL 21 Mar 2002
mak_ukECHR10 When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent. Held: The doctor had acted in a way to infringe the child and the parent’s human rights in acting … Continue reading MAK and RK v The United Kingdom: ECHR 23 Mar 2010
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
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
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which he could escape from a gang of 20-30 youths who had … Continue reading Regina v Willer (Mark Edward): CACD 1986
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
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
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system. Held: The statutory system for compensation for unfair dismissal is a complete system, and was intended to replace any common law action for damages arising … Continue reading Johnson v Unisys Ltd: HL 23 Mar 2001
