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B (a Child), Re

B (a Child), Re

Case [2013] UKSC 33

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Case: [2013] UKSC 33
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Cases Citing This Decision

New Health New Zealand Incorporated v Director-General of Health [2023] NZHC 3183
Citation 1

…48 Belfast City Council v Miss Behavin’ Ltd , above n 46, at 26. 49 See, as a further example, In the Matter of B (a Child) , [2013] UKSC 33, [2013] 1WLR 1911 at…
PGG Wrightson Real Estate Ltd v Routhan [2023] NZCA 123
Citation 2

…[44] In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911 at [108] per Lord Kerr, and at [200] per Baroness Hale.…
Keane & Keane [2021] FamCAFC 1
Citation 3 (Para 11)

…In Re B (a child) (care order: proportionality: criterion for review) [2013] UKSC 33 at [42], Wilson LJ further explained the role and advantages of a primary judge in parenting matters, as follows: The function of the family judge in a child case transcends the need to decide issues of fact; and so his (or her)…
Sanders v City of South Perth [2019] WASC 226
Citation 4

…August 1998) Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; (2002) 211 CLR 540 House v The King (1936) 55 CLR 499 In the matter of B (a Child) [2013] UKSC 33 Isbester v Knox City Council (2015) 255 CLR 135 Jacob v Save Beeliar Wetlands (2016) 50 WAR 313 Jacobs and City of Subiaco [2007] WASAT 84 Johnson v…
Attorney General for New South Wales v Gatsby [2018] NSWCA 54
Citation 5

…an Building Services Ltd [1995] Ch 241 In the Matter of B (a child) (FC) [2013] 1 WLR 1911; [2013] UKSC 33 Marlec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Milillo v Konnecke [2009] NSWCA 109; (2009) 2 ASTLR 235 Taylor v Owners – Strata Plan No 11564 (No 2) [2013] NSWCA 153 TNT Australia Pty Ltd v Chr…
Lawson v Chief Executive of the Ministry of Social Development [2017] NZHC 967
Citation 6

…act that [a] case involves factual evaluation and value judgment does not of itself mean the decision is discretionary” and in Re B (a Child) [2013] UKSC 33, [2013] 1 WLR 1911 the Court drew a…
REFERENCE by the Attorney General for Northern Ireland - Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32
Citation 7

…d in appeals against conviction under section 137, but was that set out by Lord Neuberger in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911 (“ In re B ”), para 92, namely whether the judge’s conclusion on proportionality was “wrong”.…
In the matter H-W (Children) No 2 [2022] UKSC 17
Citation 8

…h for answers to both of these issues can conveniently start with this court’s decision in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911. In that case this court examined aspects of the threshold criteria to the making of a care order, the proportionality and necessity…
Director of Public Prosecutions v Ziegler [2021] UKSC 23
Citation 9

…rtionality the applicable approach should be that set out by Lord Neuberger of Abbotsbury in In re B (a Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, namely whether the judge’s conclusion on proportionality was wrong. As Lord Neuberger stated at paras 91-92:…
Robinson (Jamaica) (Appellant) v Secretary of State for the Home Department (Respondent) [2020] UKSC 53
Citation 10

…22. Singh LJ having referred to In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, rejected the appellant’s submission that the Court of Appeal should perform the proportionality exercise itself. At paras 50-52 Singh LJ identified three difficulties with the appellant’s su…
R (Z) v Hackney London Borough Council [2020] UKSC 40
Citation 11

…ty assessment by a lower court. This passage merits quotation in full: “63. In In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, the Supreme Court considered the role of an appeal court in an appeal which involves a challenge to a lower court’s appraisal of proportionalit…
Perry v Raleys Solicitors [2019] UKSC 5
Citation 12

…Similar observations were made by Lord Wilson in In re B (a Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, para 53. “4. Furthermore, as was stated in observations adopted by…
R (on the application of AR) (Appellant) v Chief Constable of Greater Manchester Police and another (Respondents) [2018] UKSC 47
Citation 13

…pproach of the Court of Appeal, taking account of the guidance given by the Supreme Court in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911 (“ In re B ”). The relevant rule at the time, CPR rule 52.11(3), provided simply [The rule is now in CPR rule 52.21.] that the cou…
Steel and another (Appellants) v Nram Limited (formerly Nram Plc) (Respondent) (Scotland) [2018] UKSC 13
Citation 14

…as a conclusion of mixed fact and law. It is, rather, an evaluation; and in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911, Lady Hale at para 203 recorded all members of the court as having agreed that an appellate court needed to be satisfied that an evaluative conclu…
In the matter of EV (A Child) (No 2) (Scotland) [2017] UKSC 15
Citation 15

…B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, where the English authorities are reviewed. As Lord Drummond Young noted, the fundamental point is that depriving the parents of a child of their parental authority at common law is a most serious matter, and it should only be d…
Abortion Services (Safe Access Zones), REFERENCE by the Attorney General for Northern Ireland [2022] UKSC 32
Citation 16

…33; [2013] 1 WLR 1911 (“ In re B ”), para 92, namely whether the judge’s conclusion on proportionality was “wrong”. On the subsequent appeal to this court, the decision of the Divisional Court was reversed. However, it was agreed between the parties, and this court accepted, that section 137 has to be read and gi…
Actavis Group PTC EHF & Ors v ICOS Corporation & Anor [2019] UKSC 15
Citation 17

…is possible. It must be satisfied that the trial judge was wrong: see, by way of analogy, In re B (A Child) (Care Proceedings Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, paras 90-93 per Lord Neuberger, para 203 per Lady Hale.…
Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67
Citation 18

…late court can only interfere with his decision if satisfied that it was wrong: Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33, [2013] 1 WLR 1911. In a case as sensitive and difficult as this, whichever way the judge's decision goes, an appellate court should be very slow to conclude that he was wrong.…
AR, R (on the application of) v Chief Constable of Greater Manchester Police & Anor (Rev 1) [2018] UKSC 47
Citation 19

…pproach of the Court of Appeal, taking account of the guidance given by the Supreme Court in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911 (“ In re B ”). The relevant rule at the time, CPR rule 52.11(3), provided simply [The rule is now in CPR rule 52.21.] that the cou…
Director of Public Prosecutions v Ziegler & Ors (Rev1) [2021] UKSC 23
Citation 20

…rtionality the applicable approach should be that set out by Lord Neuberger of Abbotsbury in In re B (a Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, namely whether the judge’s conclusion on proportionality was wrong. As Lord Neuberger stated at paras 91-92:…
EV (A Child), Re (Scotland) [2017] UKSC 15
Citation 21

…amely whether there is a likelihood of “significant” harm. They included the case of In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, where the English authorities are reviewed. As Lord Drummond Young noted, the fundamental point is that depriving the parents of a child…
Healthcare at Home Ltd v The Common Services Agency [2014] UKSC 49
Citation 22

…aluation of the evidence (cf Biogen Inc v Medeva plc [1997] RPC 1, 45; In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911). There is no suggestion that circumstances entitling this court to interfere might exist in the present case, if the principal submission, that the cou…
H-W (Children) and In the matter of H-W (Children) (No 2) (Rev1) [2022] UKSC 17
Citation 23

…ceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911. In that case this court examined aspects of the threshold criteria to the making of a care order, the proportionality and necessity requirement which stems from article 8 of the European Convention on Human Rights, and the boundaries of appellate re…
Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2024] UKSC 8
Citation 24

…tec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23; [2007] 1 WLR 1325; In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911 and, most recently and comprehensively, McGraddie v McGraddie [2013] UKSC 58; [2013] 1 WLR 2477. These are all decisions either of…
McGraddie v McGraddie & Anor (Scotland) [2013] UKSC 58
Citation 25

…Similar observations were made by Lord Wilson in In the matter of B (a Child) [2013] UKSC 33; [2013] 1 WLR 1911, para 53.…
Perry v Raleys Solicitors [2019] UKSC 5
Citation 26

…Similar observations were made by Lord Wilson in In re B (a Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33 ; [2013] 1 WLR 1911 , para 53.…
Poole Borough Council v GN & Anor [2019] UKSC 25
Citation 27

…t consideration, and any interference with article 8 rights must be proportionate: In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, paras 32, 73 and 194-195.…
Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53
Citation 28

…22. Singh LJ having referred to In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, rejected the appellant’s submission that the Court of Appeal should perform the proportionality exercise itself. At paras 50-52 Singh LJ identified three difficulties with the appellant’s su…
Sea Shepherd UK v Fish & Fish Ltd [2015] UKSC 10
Citation 29

…that he has made. This issue was considered by the Supreme Court in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911. At para 60 Lord Neuberger said: "… it is not possible to lay down any single clear general rule as to the proper approach for an appeal court to take whe…
Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs; Dalston Projects Ltd & Ors v Secretary of State for Transport [2025] UKSC 30
Citation 30

…ry fact from disputed oral evidence (see the judgment of Lord Neuberger in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911 (" In re B ") , paras 80-94), but in which there may be scope for the appellate court to make its own assessment (ibid, paras 93-94). Singh LJ consi…
Steel & Anor v NRAM Ltd (formerly NRAM Plc) (Scotland) [2018] UKSC 13
Citation 31

…in my view as a conclusion of mixed fact and law. It is, rather, an evaluation; and in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911, Lady Hale at para 203 recorded all members of the court as having agreed that an appellate court needed to be satisfied that an evaluat…
Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) [2020] UKSC 40
Citation 32

…“63. In In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, the Supreme Court considered the role of an appeal court in an appeal which involves a challenge to a lower court’s appraisal of proportionality. Lord Neuberger of Abbotsbury said at para 88:…
Enal v Singh & Ors (Trinidad and Tobago) [2022] UKPC 13
Citation 33

…are Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911; McGraddie v McGraddie [2013] UKSC 58; [2013] 1 WLR 2477. In the present case the issue for the trial judge was whether Ravi or his father was the beneficial owner of the Disputed Property. There was no direct evidence as to the intentions of…
Ming & Ors v JF Ming Inc & Anor (British Virgin Islands) [2021] UKPC 1
Citation 34

…c Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23; [2007] 1 WLR 1325; In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911 and most recently and comprehensively McGraddie v McGraddie [2013] UKSC 58; [2013] 1 WLR 2477. These are all decisions either of the…
Moses v Moses (Trinidad and Tobago) [2022] UKPC 42
Citation 35

…Moses was doing when she made the 1984 deed: either she was intending to make a gift to Selwyn Moses of the Land, which had been left to her by Milton Moses as part of his residuary estate, and then subsequently changed her mind; or she was making a mistake incorrectly believing that Selwyn Moses was entitled to…
Pleshakov v Sky Stream Corporation & Ors (British Virgin Islands) [2021] UKPC 15
Citation 36

…ly wrong. At para 33 Baptiste JA referred to the judgment of Lord Neuberger of Abbotsbury in In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, para 53, where he said that an appellate court could only interfere with a finding of fact made by a judge after hearing live evi…

Cases Cited

Statutory Material Cited

RB (Algeria) (FC) and another (Appellants) v Secretary of State for the Home Department; OO (Jordan) (Original Respondent and Cross-appellant) v Secretary of State for the Home Department (Original Appellant and... [2009] UKHL 10
Citation 1

…the order made below has violated a Convention right. An analogous submission was made in MT (Algeria) v Secretary of State for the Home Department [2009] UKHL 10, [2010] 2 AC 110, in which two Algerian nationals and a Jordanian national appealed to the Court of Appeal, and from there to the House of Lords, agai…
B (A Minor), Re [2001] UKHL 70
Citation 2

…ting a successful appeal against a judge's decision about the future arrangements for a child. In In re B (A Minor) (Adoption: Natural Parent) [2001] UKHL 70, [2002] 1 WLR 258, Lord Nicholls said: "16. ... There is no objectively certain answer on which of two or more possible courses is in the best interests of…
J (Children), Re [2013] UKSC 9
Citation 3

…the threshold requires. It is common ground that, as recently reaffirmed by this court in In re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9, [2013] 2 WLR 649, a likelihood of significant harm means no more than a real possibility that it will occur but a conclusion to that effect must be b…
S-B Children, Re [2009] UKSC 17
Citation 4

…that it would be better for the child to be adopted than to live with his natural family (In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17, [2010] 1 AC 678, para 7); and…

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