Judge’s order inappropriate
Hawkes v Cuddy and Others
Court of Appeal
“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”
The...
Milebush Properties Ltd v Tameside Metropolitan Borough Council and another EWCA Civ 270; WLR (D) 96
“Although the court had a wide discretion to grant declaratory relief in diverse circumstances in both public and private law...
‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or...
In re Z (A Child) (Foreign Surrogacy: Parental Order): EWFC 73; WLR (D) 375
‘Since section 54(1) of the Human Fertilisation and Embryology Act 2008 provided that in certain circumstances the court might make a parental order...
It is often thought trite that remedies in public law are the quintessential area where judges enjoy a significant amount of discretion. In the words of Sir Clive Lewis (now Lewis LJ), “There is no perceivable rule governing which remedy...
Introduction
On Friday 24th June 2022, in Dobbs v Jackson Women’s Health Organization, the US Supreme Court (SCOTUS) overruled the right to an abortion nearly 50 years since it first declared it a constitutionally protected right. An outpour of protests and condemnation followed...
The UK government is taking legal steps to override the Northern Ireland executive and directly instruct the nation’s health trusts to provide abortion services, saying it will “take the necessary powers” to directly commission services if urgent progress...
‘Medical leaders in the UK have launched a fresh call for buffer zones to be set up around abortion clinics to prevent activists targeting patients and staff.’
Full StoryBBC News, 30th May 2022Source: www.bbc.co.uk
Women in England and Wales who have suffered miscarriages or stillbirths are being investigated by police on suspicion of having illegal abortions, with some forced to hand over their phones and laptops for invasive “digital strip searches”.In one...
Dominic Raab has expressed doubts about including the right to an abortion in the forthcoming bill of rights, saying the matter was already “settled in UK law”.A cross-party amendment intends to enshrine the right in the bill, though...