Case Summaries

Judgment in judicial review proceedings brought against local authority’s assessment that the children of the claimant were not children in need under the Children Act 1989, s 17.

Appeal by a local authority, supported by the guardian and opposed by the parents, in relation to the court’s refusal to make a placement order in respect of a four-year-old boy. Sir Ernest Ryder emphasised, as a matter of good practice, the evidential importance of the ‘permanence report’ (as described in the Adoption Agencies Regulations 2005).

Judgment of Baker J following an emergency hearing determining the level of medical intervention to be provided to a 3 month old baby

Judgment of Cobb J ordering the Police to pay the costs of Special Advocate and Special Advocates’ Support Office (“SASO”) in closed material sessions arising within care proceedings.

Appeal against findings made in 2009 of non-accidental injury dismissed

Judgment of the President of the Family Division providing guidance in cases involving applications for declarations of parentage in accordance with section 55A of the Family Law Act 1986 where children had been born following donor insemination but statutory requirements had not been complied with.

Appeal relating to orders recognising and enforcing a previous order made in the Republic of Ireland which transferred the sole custody of a three year old child, E, to her father. At the time that the order was made, E had been living in England with her mother for a year together with her half-sister.

Munby P dismisses application to set aside an adoption order, and prevent removal of the child from the jurisdiction, on the grounds of alleged fraud and dishonesty.

An appeal arising in Hague Convention Proceedings: a mother did not return two children to Australia, from England, after an agreed extended stay. Father’s application for summary return failed. On appeal the key issues were (i) whether anticipatory retention is possible, (ii) if so, whether any event prior to the return date could amount to wrongful retention and (iii) whether the judge erred in his assessment of the children’s habitual residence.

Judgment concerning recognition of a Nigerian adoption order; adoption order recognised. In the event the court was wrong as to whether it had complied with the requirements of foreign law, it would have been recognised at common law as to do otherwise would be a breach of Article 8 rights.

Combined applications made respectively by the Chief Land Registrar and Bank of Scotland Plc that the claims related to an order made in financial remedy proceedings and issued against them respectively by the claimant should be struck out; and a further application by the Bank of Scotland Plc, supported by the Chief Land Registrar, that a general civil restraint order should be imposed on the claimant.

Application to set aside an order dismissing an application, by a mother for the return of her two sons retained by the father in Kurdistan, on the grounds of duress.

Secretary of State for Home Department’s claim for Public Interest Immunity within public law children proceedings upheld

Committal application against a mother for breaches of orders prohibiting her from disclosing, disseminating or publishing any information regarding private law proceedings, in which she had made allegations against the father.

The application to the European Court of Human Rights, brought by the parents of Charlie Gard was declared inadmissible.

Application by an NHS Foundation Trust, seeking an order permitting a hysteroscopy and endometrial biopsy upon a patient who lacked mental capacity and, if found necessary, a hysterectomy under general anaesthetic.