Hinds v Liverpool County Court & Ors [2008] EWHC 665 (QB) (11 April 2008)

Hinds v Liverpool County Court & Ors [2008] EWHC 665 (QB) (11 April 2008)

All claims are struck out because the defendants are immune from suit (judicial and witness immunity), no actionable duty of care or breach is established, no actionable damage is shown, claims are time-barred, and no violation of Convention rights is made out on the facts.

Citation
[2008] EWHC 665
Parties
Claimant: Anthony Dominique Hinds; First Defendant: Liverpool County Court; Second Defendant: Liverpool City Council; Third Defendant: CAFCASS; Fourth Defendant: The Chief Constable of Greater Manchester; Fifth Defendant: Dr. Brian Tully
Jurisdiction
England and Wales
Judgment Date
11 April 2008
Procedural Posture
Civil Claim for Damages and Human Rights Breaches / High Court Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out in its entirety against all defendants.
Legal Topics
Judicial Immunity, Witness Immunity, Negligence, Defamation, Human Rights Act 1998, Children Act 1989, Limitation of Actions
Civil Procedure Family Law Human Rights Law Tort Law Judicial Immunity Witness Immunity Negligence Defamation +3 more

Case Brief

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Parties

Anthony Dominique Hinds

Claimant

Liverpool County Court

First Defendant

Liverpool City Council

Second Defendant

CAFCASS

Third Defendant

The Chief Constable of Greater Manchester

Fourth Defendant

Dr. Brian Tully

Fifth Defendant

Procedural Posture

Civil Claim for Damages and Human Rights Breaches / High Court Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claimant can maintain claims in negligence, defamation, and under the Human Rights Act 1998 against the defendants for actions taken in care and adoption proceedings involving his children.
  2. 2 Whether the defendants are immune from suit by reason of judicial or witness immunity.
  3. 3 Whether any actionable breach of duty or violation of Convention rights occurred.

Ratio Decidendi

All claims are struck out because the defendants are immune from suit (judicial and witness immunity), no actionable duty of care or breach is established, no actionable damage is shown, claims are time-barred, and no violation of Convention rights is made out on the facts.

Court Disposition

Claim struck out in its entirety against all defendants.

Orders

  • All claims against all defendants are struck out.
  • No leave to amend granted.