Case Summaries

Judgment concerning an application by an NHS Trust for orders in respect of a young woman CS who was said to lack capacity and in respect of whom the Trust sought an order that it would be in her best interests to undergo surgery terminating her current pregnancy.

Father’s successful appeal against a child arrangements order granting him only indirect contact with his children for an unspecified period of time. The lower court had failed to consider the range of alternatives available before rejecting the application for direct contact.

Judgment of Roberts J in which she calculated outstanding arrears due to a wife after 17 years of litigation, considered the applicability of s 24 Limitation Act 1980 to claims for interest on unpaid financial orders, and also considered recent developments concerning the burden of proof for committal under s 5 Debtors Act 1869.

Pre-trial review on the father’s application under the Hague Child Abduction Convention and BIIa for the return to Spain of two children, age 7 and 6. Baker J addresses the mother’s applications for (1) strike out and (2) psychological assessment.

Application by a former husband in financial remedy proceedings to set aside a consent order on the basis of an allegation that, at the time of the agreement, his former wife failed to make full and frank disclosure in relation to a company of which she was both a director and shareholder. Consent order set aside and matter relisted for further directions.

Financial remedies appeal challenging the use of capital to meet needs, the treatment of high-risk investment assets and a departure from equality based on conduct.

Application by Rights of Women for a declaration that procedural regulations have been unlawfully used to introduce more restrictive criteria for eligibility to legal aid than those found in LASPO 2012, or that they frustrate the statutory purpose, by prescribing the acceptable types of supporting evidence too rigidly and narrowly, thus excluding many women who ought to be eligible for legal aid under the terms of LASPO 2012. The argument focused principally on the requirement that the supporting evidence must be less than 24 months old.

Judgment of Mr Justice Baker in which he makes care and placement orders in respect of two children and summarises the guidance for public law cases involving children who have links to foreign countries.

Successful application by a mother under the Hague Convention on Child Abduction and Brussels IIR for the summary return of three children to France.

A short judgment of Baker J under the inherent jurisdiction granting a health trust’s application to withhold and to withdraw medical treatment given to a 6-month old baby with extensive brain damage, palsy and who had suffered multiple cardiac arrests.

Care proceedings; appeal from decisions including that 13 year old child who made allegations of sexual abuse should not give oral evidence at fact finding hearing. Appeal dismissed on this issue, but with detailed dissent from Gloster LJ.

Court of Appeal determines that judge did not have the jurisdiction to determine a dispute on the payment of the costs of an independent social worker in private law children dispute.

Judgment in Court of Appeal in which King LJ notes the importance of the provision of services to adoptive parents under Section 4 of the Children and Adoption Act 2002.

Judgment as to whether the respondent husband had diplomatic immunity from suit in relation to an application for financial relief under Part III of the Matrimonial and the Family Proceedings Act 1984.

Judgment in Court of Appeal in which King LJ draws attention to paragraph 19, CPR PD 52C and sets out best practice for local authorities in care cases where litigants in person seek permission to appeal to the Court of Appeal.

Mother’s successful application to permanently relocate to Poland with the parties’ two year old child.