Home > Latest News > Supreme Court: CN & GN v Poole Borough Council


Supreme Court: CN & GN v Poole Borough Council




Today (16th July 2018) The Supreme Court will begin hearing the appeal in CN & GN v Poole Borough Council. This is scheduled for one and a half days.

The defendant is represented by Edward Faulks QC, Paul Stagg and Katie Ayres, instructed by Rob Hams of Wansbroughs.

This appeal will consider the issue of whether the case of D v East Berkshire Community NHS Trust [2004] QB 558 is correct and should continue to govern the position of local authorities in respect of their duties to children living in their areas.

The appeal is being heard over a day and a half by Lady Hale (President), Lord Reed (Deputy President), Lord Wilson, Lord Hodge and Lady Black.

Further information: https://www.supremecourt.uk/cases/uksc-2018-0012.html

The facts

The appellants were, at the material times, children. CN suffered from severe physical and learning difficulties. They were placed in housing by the respondent Council, and alleged that before the placement, the Council was aware that a family lived in nearby accommodation who engaged in persistently anti-social behaviour. This family repeatedly subjected the appellants to significant harassment and abuse, and CN attempted suicide. The appellants brought claims against the Council for breach of a common law duty of care derived from statutory duties under the Children Act 1989.

 

Judgment appealed: [2017] EWCA Civ 2185

 

This can be followed live here.

 

 

Latest Stop Press Read more


FCO defeats the first test claim in the Kenyan Emergency Group Litigation

15th August 2018

Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 2066 (QB)

In what may be one of the longest civil High Court trials (223 days), on 2 August 2018, Stewart J handed down judgment in the first of 25 test cases to be heard to conclusion in the Kenyan Emergency Group Litigation. This...

Read more

Article 2 Claim Arising Out of Police Shooting Successfully Defended: Joseph and others v Commissioner of Police of the Metropolis

3rd August 2018

Judgment has today been handed down by the Central London County Court following a seven day trial in claims brought by relatives of Mr Dean Joseph, who was shot dead by an authorised firearms officer of the Metropolitan Police in the early hours of September 5th 2014 in Islington. 

Mr...

Read more