Case Summaries

Judgment of MacDonald J concerning the court’s jurisdiction to make final child arrangement orders in respect of two children.

Judgment as to whether the Legal Aid Agency’s statutory charge in respect of costs incurred in wardship proceedings attached to damages arising from a subsequent claim for breach of human rights.

Appeal against substantial findings of fact in care proceedings.

Judgment relating to an application for permission to appeal against a reporting restriction order concerning substantive public law care proceedings. The application was denied.

Appeal by a mother in care proceedings following the making of a care order with a care plan for adoption and the court dispensing with the parents’ consent to the same.

Appeal in a TLATA case where it was argued that the judge at first instance had misinterpreted a completion document in relation to the property in dispute which had, it was argued impacted on the quantification of the beneficial interests.

Judgment of Mostyn J dealing with the issue of pension sharing in relation to an overseas pension.

Care proceedings: re-hearing of a fact finding hearing where the parents sought to withdraw from the re-hearing. Munby P decided the re-hearing could and should proceed, and a proper challenge to the witnesses could properly be undertaken by counsel instructed by the guardian which did not, in the unusual circumstances of this case, compromise the guardian’s neutrality.

Appeal following care and placement orders in respect of two children, 7 and 4 years, which, since the parents accepted the inevitability of the care orders, focused on whether the trial judge failed to give proper consideration to whether a placement order was in the best interests of the children.

Judgment of Cobb J considering an application for wardship to protect a child from child sexual exploitation and an application for life-long reporting restriction orders to prevent the child, her family members and the four associated males from being identified.

Successful appeal by a mother in care proceedings following a finding of fact being made against her in circumstances in which no party sought that finding, no such allegation was put to the mother in oral evidence and it was not addressed by counsel for any party in submissions.

Application for parental orders adjourned generally due to the respondent’s refusal to consent to the order being made.

Appeal against an order recognising and enforcing a French residence order in relation to two children, namely A, aged 12, and B, aged 10. Bodey J dismisses the appeal and recognises and enforces the French order.

A 16 year old’s appeal on the ground that, in public law proceedings, she should have been able to part company with her guardian and to instruct her own solicitor.

Appeal by a father against a decision to grant his former wife permission to relocate to Moscow with the parties’ two children.

Decision of Mr Justice MacDonald in relation to significant and repeated failures by a local authority to comply with directions of the court in already lengthy care proceedings.