Case Summaries

Judgment in five joined test cases as to how relevant person’s representatives (RPRs) and s.39D IMCAs should decide whether to bring an application to the Court of Protection under s.21A of the Mental Capacity Act 2005 to challenge a standard authorisation under Schedule A1.

Application by husband for permission to appeal a non-molestation order and occupation order. Application refused.

Successful appeal of case management decision to dispense with the need for a fact finding hearing in the context of a private law children dispute.

Successful appeal against a six-month prison sentence for contempt of court imposed in the Court of Protection.

Cross-applications by the prospective adopters for an adoption order in respect of A, a two and a half year old girl, and an application by A’s paternal grandparents, (pursuant to permission) for a Special Guardianship Order.

Application for a declaration of recognition of an adoption which was formalised in India in 2011, and an application for an adoption order under the Adoption and Children Act 2002, the Secretary of State for the Home Department being joined as a respondent to the proceedings.

Judgment arising from an application for an adoption order in respect of Z, a girl who is now six, who was born in Egypt on or about 29th October 2010 to unknown parents and was found abandoned.

Re-hearing of financial remedies application following non-disclosure, court proceeding to build upon fairness of previous award rather than start with a ‘blank slate.’

Judgment of Mr Justice Holman sitting in the Court of Protection concerning the capacity of P in relation to proceedings concerning the package of care required to enable him to live at home.

Judgment arising from an application for an adoption order in respect of Z, a girl who is now six, who was born in Egypt on or about 29th October 2010 to unknown parents and was found abandoned.

Dismissal of an oral renewal by a Trustee in Bankruptcy appealing the strike out of a claim under sections 23 and 24 of the Matrimonial Causes Act 1973.

Application for permission to appeal out of time with appeal to follow in relation to: (i) the summary dismissal of the mother’s application for a section 34 contact order; and, (ii) the making of a section 91(14) order.

Re-hearing in relation to a 2013 fact-finding, which had concluded that a mother had caused life-threatening injuries to her son and that these were non-accidental. Cobb J sets out the core principles of a re-hearing.

The Court of Appeal revisits the subject of interim care orders made in the context of longstanding neglect.

Finding of deliberate smothering of an infant set aside on appeal followed by a rehearing which concluded the local authority failed to establish the fact of deliberate smothering.

Appeal by mother against placement orders in respect of her three youngest children on the grounds that that judge’s approach was not Re B-S compliant. Appeal allowed and remitted for rehearing.