Case Summaries

Supreme Court judgment as to whether the Council Directive 97/7/EEC on the Progressive Implementation of the Principle of Equal Treatment for Men and Women in Matters of Social Security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension. The appellant, a transgender woman who has not applied for a full gender recognition certificate, has been denied a state retirement pension after her 60th birthday. Referral made to the European Court of Justice.

Successful application for a parental order in relation to a 7-month old child born in South Africa following a surrogacy arrangement.

Judgment in care proceedings concerning a child of 19 months who, it appears, has been trafficked. Application to dispense with parental consent in circumstances where the parents could not be found.

Judgment in the European Court of Human Rights concerning an applicant’s claim that delays in enforcement proceedings against her former husband for unpaid child support constituted a breach of her Article 6 rights.

Judicial review appeal by mother and four dependent children challenging the local authority’s policy or practice under s.17 Children Act 1989 re financial support and asserting a breach of Article 8 rights.

Cross applications for strike out of the mother’s Schedule 1 Children Act 1989 application and for a legal services funding order.

Successful appeal by prospective adopters against decision to refuse adoption order and grant an SGO to paternal grandparents.

Appeal brought by Guardian News and Media Ltd, against the decision of Pauffley J, who had previously dismissed their application for publication of the 2014 decision of Eleanor King J concerning the surviving sibling of Ellie Butler. Appeal allowed.

Court of Appeal judgment confirming that injunctions made under section 37 Senior Courts Act 1981 can only be made in support of existing substantive powers.

Judgment of Cobb J determining the habitual residence of a child where a provisional view of the court’s jurisdiction had already been given by a different judge and accepted by the legal representatives acting for the parties at that time.

Order made for payment both of historic and prospective costs through a Legal Service Payment Order in Schedule 1 and Section 8 Children Act 1989 proceedings.

Judgment on appeal in financial remedy proceedings against the wording of a lump sum order and the quantum of that order.

Court dismisses a defendant’s appeal against a declaration that she was the 20% beneficial owner of a property in her former partner’s sole name pursuant to a settlement agreement reached between the parties in a car park during the course of litigation in 2007 and that she was estopped from asserting the contrary.

Judgment considering whether the court should exercise its power under Article 11(7) and (8) of Brussels IIa to return a child to England, in circumstances where a Polish Court had rejected the father’s application for the child’s summary return under the Hague Convention because it found that there was a grave risk that it would expose him to psychological harm, but a change of circumstances had subsequently removed that risk.

Decision of the European Court of Human Rights in relation to a father’s claim that a domestic court (Poland) failed to apply the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and order the return of his child, and that the failure constituted a breach of Article 8 of the Convention.

Judgment considering which of two possible local authorities should be the designated local authority on the conclusion of care proceedings.