In this case, when the two parents separated, the judge in the present case ordered the father to leave the family home by 20 September 2005 and provided that he and the mother were to have shared residence of three of their children. The order said that they should spend alternate weeks and half of their school holidays with each parent. The father had no other accommodation available to him and on 18 August 2005 applied to his local Council for assistance under Part VII of the Housing Act 199 ...
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In a judgment dismissing an appeal in relation to the police decisions on the protection of the Holy Cross School children Lord Hoffman made comments on the intervention of statutory bodies and NGO's on questions of general public importance noting that this intervention 'is of no assistance if it merely repeats points which the appellant or respondent has already made'.
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This appeal concerns the right to marry protected by art.12 of the ECHR, one of the articles to which domestic effect is given by the Human Rights Act 1998. More specifically, the appeal concerns the control of that right by the Secretary of State under and pursuant to s.19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. The agreed issue is whether the scheme established by and under s.19 involves a disproportionate interference with (and therefore a breach of) the art.12 r ...
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The question in this case is whether it is consistent with Convention rights as defined in s.1(1) of the Human Rights Act 1998 for a couple to be excluded from consideration as adoptive parents of a child on the ground only that they are not married. The woman is the natural mother of the child. The man is not the father but he and the woman have been living together for some years and treat the child as a member of the family. The legal obstacle to their adoption application is art. 14 of t ...
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The HL allowed an appeal against an order for the summary return of two children to Zimbabwe under the Hague Convention. It was held that the children were settled in the UK in the time before the application for their return had been made. Guidance was given on the policy of the Convention.
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An appeal against the return of a child to Romania was allowed where the Romanian court had previously determined that the removal of a child from Romania was not ‘wrongful’.
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On an application for costs against the FSA under para 13 of Schedule 13 of the 2000 Act and Rule 21 of the FSMT Rules 2001, the Tribunal found that the Committee had acted unreasonably in preferring the evidence of one witness. The role of the Committee is different to that of a prosecutor in a criminal case as the Committee has the power to make binding decisions. Similarly the failure by the Committee to explore the concept of regular user in respect of the new law was unreasonable as was the ...
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On a referral of a supervisory notice on an “Own-Initiative Variation of Permission” based on concerns that the FSA was not satisfied that Mr Faulkner was a fit and proper person on the basis of a significant number of previous convictions, a bankruptcy order, and a failure to disclose such matters to the FSA or any adequate explanation of this failure to disclose. Mr Faulkner’s success in an appeal against the OFT that he was not a fit and proper person did not determine the application before ...
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The FSA notified Mr Petkar of its intention to make a direction against him disqualifying him from being employed in connection with investment business of any kind in the United Kingdom and so directed under s. 59 of the Financial Services Act 1986 on 24 August 1999. On the introduction of the Financial Services and Markets Act 2000, the disqualification direction was novated into a prohibition order under s. 56 of the Act. By application Mr Petkar sought to vary or revoke the prohibition order ...
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The HL held that when calculating "total taxable profits" under the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 Sch.1 para.2A. a self-employed absent parent may not deduct their capital allowances.
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