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England and Wales Case Law

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Family law

H (Anonymous Surrogacy), Re

The court was satisfied on the balance of probability that the applicants entered into a surrogacy arrangement, the surrogate mother cannot be found, and all statutory requirements are met; therefore, a parental order should be made in the best interests of the child.

  • Parental order
  • International surrogacy
  • Consent of surrogate
  • Statutory requirements
  • Child welfare
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Family law

B (Adoption Assessment), Re

The statutory requirement under s42(7)(b) Adoption and Children Act 2002 for assessment in the home environment in England and Wales has not been met; the court cannot 'read down' the provision to allow an adoption order without strict compliance, given the importance and finality of adoption and the need for child protection.

  • Intercountry adoption
  • Statutory requirements
  • Assessment procedures
  • Welfare of the child
  • Jurisdiction
  • Human rights
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Administrative law

Armstrong Freight Logistics Ltd

The Upper Tribunal dismissed Armstrong Freight Logistics Ltd’s appeal against refusal of a standard international operator’s licence because no designated transport manager was in place.

  • Operator licensing
  • Designated transport manager
  • Statutory requirements
  • Operator-licensing
  • Designated-transport-manager
  • Traffic-commissioner
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Administrative law

David Mercer v Registrar of Approved Driving Instructors

The tribunal dismissed an appeal against removal from the Approved Driving Instructors Register after two missed check tests were treated as a refusal to undergo testing.

  • Driving instructor registration
  • Statutory requirements
  • Professional regulation
  • Driving-instructor-registration
  • Professional-regulation
  • Administrative-law
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Company law [2015] EWHC 1164 (Ch)

DTEK Finance BV, Re

DTEK Finance BV, Re [2015] EWHC 1164 (Ch) (28 April 2015)

The High Court sanctioned DTEK Finance B.V.’s scheme of arrangement for noteholders, finding English jurisdiction, class constitution, and statutory requirements were satisfied.

  • Scheme of arrangement
  • Jurisdiction
  • Financial restructuring
  • Creditor meetings
  • Statutory requirements
  • Scheme-of-arrangement
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Construction law [2000] EWCA Civ 247

London Borough Of Barking & Dagenham v Terrapin Construction Ltd

London Borough Of Barking & Dagenham v Terrapin Construction Ltd [2000] EWCA Civ 247 (31 July 2000)

Appeal on a JCT 1981 conclusive evidence clause in a design-and-build school contract; the clause covered latent defects and statutory requirements, but not design defects.

  • Conclusive evidence clauses
  • Design and build contracts
  • Latent defects
  • Statutory requirements
  • Interpretation of standard form contracts
  • Construction-law
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.