Loco Parentis in UK Law

Leading Cases
  • Re Shephard. Shephard v Cartwright
    • House of Lords
    • 01 Dic 1954

    My Lords, I do not distinguish between the purchase of shares and the acquisition of shares upon allotment, and I think that the law is clear that on the one hand where a man purchases shares and they are registered in the name of a stranger there is a resulting trust in favour of the purchaser; on the other hand, if they are registered in the name of a child or one to whom the purchaser then stood in loco parentis, there is no such resulting trust but a presumption of advancement.

    It must then be asked by what evidence can the presumption be rebutted, and it would, I think, be very unfortunate if any doubt were cast (as I think it has been by certain passages in the judgments under review) upon the well settled law on this subject. It is, I think, correctly stated in substantially the same terms in every text book that I have consulted and supported by authority extending over a long period of time.

  • Tinsley v Milligan
    • House of Lords
    • 24 Jun 1993

    If he proves that the property is vested in the defendant alone but that the plaintiff provided part of the purchase money, or voluntarily transferred the property to the defendant, the plaintiff establishes his claim under a resulting trust unless either the contrary presumption of advancement displaces the presumption of resulting trust or the defendant leads evidence to rebut the presumption of resulting trust.

    On a transfer from a man to his wife, children or others to whom he stands in loco parentis, equity presumes an intention to make a gift. Therefore in such a case, unlike the case where the presumption of resulting trust applies, in order to establish any claim the plaintiff has himself to lead evidence sufficient to rebut the presumption of gift and in so doing will normally have to plead, and give evidence of, the underlying illegal purpose.

  • Re M. (an Infant)
    • Court of Appeal
    • 09 Feb 1961

    On those premises, that is to say in the absence of any challenge as to the propriety of what the local authority or its officers have done as distinct from their wisdom, I feel compelled, by the clear indication of the language to which I have alluded in the statute, to conclude that this matter of judging the present best interests of the child in the circumstances of this case has been placed by Parliament in the exclusive jurisdiction of the local authority.

  • Ross v Collins
    • Court of Appeal
    • 31 Ene 1964

    Granted that "family" is not limited to cases of a strict legal familial nexus, I cannot agree that it extends to a case such as this. It still requires, it seems to me, at least a broadly recognisable de facto familial nexus. But two strangers cannot, it seems to me, ever establish artificially for the purposes of this section a familial nexus by acting as brothers or as sisters, even if they call each other such and consider their relationship to be tantamount to that.

  • Fitzpatrick v Sterling Housing Association Ltd
    • Court of Appeal (Civil Division)
    • 23 Jul 1997

    The test has to be whether the relationship of the appellant to the deceased was one where there is at least a broadly recognisable de facto familial nexus. I would not define that familial nexus in terms of its structures or components: I would rather focus on familial functions. The question is more what a family does rather than what a family is. A family unit is a social organisation which functions through its linking its members closely together.

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Legislation
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Books & Journal Articles
  • THE CAPACITY OF AN INFANT TO APPOINT AN AGENT
    • Núm. 18-5, Septiembre 1955
    • The Modern Law Review
    ...... tenable suggestion is that a parent or other person in loco parentis has authority implied by law to make contracts ......
  • The Deserted Wife's Status
    • Núm. 29-1, Enero 1966
    • The Modern Law Review
    ...... in the case of quasi-children and those who stood in loco parentis to ‘them. Thus it may be possible to plead a “ ......
  • Copyright in the networked world: copyright police
    • Núm. 24-1, Enero 2006
    • Library Hi Tech
    • 153-159
    Purpose: The purpose of this column is to look at how copyright enforcement is handled. Design/methodology/approach: Legal issues in enforcement are examined, as well as the initiatives of organiz...
    ...... in preventing copyright infringement could, however, recreate the in loco parentis situation that existed on US college campuses before the late ......
  • Physical interventions — from policy to practice
    • Núm. 3-2, Mayo 2001
    • The Journal of Adult Protection
    • 18-24
    This paper considers good practice in the use of physical interventions. It describes work undertaken to establish a consensus around policy principles in relation the use of personal restraints in...
    ...... r easonable use of chastisement by parents of children or others in loco parentis ■ reasonable steps taken by an individual to pr otect himself, ......
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Law Firm Commentaries
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