Case Summaries

Re H (Children) [2015] EWCA Civ 1216

Appeal by father in private law children proceedings on the basis that the judge at first instance had erred in (i) making no order for contact; (ii) declining to enforce an order for indirect contact; and confirming the making of a one-year order under s 91(14) of the Children Act 1989. Appeal dismissed.

FIND OUT MORE

MM v (1) Secretary of State for Work and Pensions, (2) IJ (CSM)

An “unusual” appeal in which the Appellant Mother sought to set aside a Consent Order agreed with the Father concerning maintenance liability under the Child Support Scheme. Appeal allowed and remitted for a re-hearing.

FIND OUT MORE

Re S [2015] EWHC 3288 (Fam)

Judgment in proceedings arising from cross-applications (1) by the mother for permission to remove the parties’ child permanently from the jurisdiction to reside in Pakistan; and (2) by the father for a child arrangements order under which the child would live predominantly with him.

FIND OUT MORE

Re N [2015] EWCOP 76

Hayden J granted permission to remove life-sustaining treatment for N who was suffering from progressive MS and was in a minimally conscious state. The judge highlighted the weight to be attached to N’s own views

FIND OUT MORE

B v B [2015] EWCA Civ 1166

Appeal by mother against costs made in proceedings under the Hague Convention.

FIND OUT MORE

In the matter of J (a child) [2015] UKSC 70

Judgment of the Supreme Court unanimously allowing the father’s appeal, holding that it is open to the English courts to exercise the article 11 jurisdiction in cases of wrongful removal under the 1996 Hague Convention, and ordering that the case be returned to the High Court for a decision as to whether it is appropriate to do so in the circumstances of this case.

FIND OUT MORE

Re D (A Child) [2015] EWCA 1150

Successful appeal from a care and placement order in which the Court of Appeal found that the first instance judgment should have contained clear and reasoned findings about disputed facts.

FIND OUT MORE

Re O (A Child) 2015 EWCA Civ 1169

Court of Appeal decision in public law proceedings involving consideration of declarations absolving a local authority from duties to consult and provide information to a parent, and making final orders at an IRH including the professional duty of advocates and lawyers to direct their attention to the obligation to achieve finality at the IRH wherever possible.

FIND OUT MORE

Re CD [2015] EWCOP 74

Application in the Court of Protection to authorise deprivation of liberty for the purposes of carrying out an abdominal hysterectomy on a patient detained under section 3 MHA 1983

FIND OUT MORE

Ramadani v Ramadani [2015] EWCA Civ 1138

Appeal concerning the jurisdiction of a court in England and Wales to hear a spousal maintenance application in the context of Council Regulation (EC) 4/2009 ("The Maintenance Regulation") following previous proceedings in another EU member state

FIND OUT MORE

Minkin v Landsberg [2015] EWCA Civ 1152

Court of Appeal uphold decision that solicitor on retainer limited to re-drafting a financial remedies consent order had no duty of care to advise on merits of the underlying agreement.

FIND OUT MORE

KS v MK [2015] EWHC 3276 (Fam)

Judgment in Hague Convention proceedings after the father withdrew his application for the summary return of the child to Spain owing to its unusual facts.

FIND OUT MORE

JR v Sec of State for Work & Pensions & Anor (CSM) (Child support: variation: departure directions: lifestyle inconsistent) [2015] UKUT 582 (AAC)

Appeal to the Upper Tribunal by mother seeking variation of child support based on, inter alia, the father’s lifestyle being inconsistent with his declared income. Appeal dismissed and First-tier Tribunal’s decision should be implemented.

FIND OUT MORE

C ( A Child) (Wasted Costs) [2015] EWHC 3259 (Fam)

Hearing in private law children proceedings before Mr Justice Cobb on the mother’s application for a wasted costs order against the father’s solicitors. Held that a wasted costs order was justified and proportionate in this case.

FIND OUT MORE

Re L (Grave risk of harm) (Children’s objections) [2015] EWHC 3300 (Fam)

Application under the Hague Convention for the summary return of a 7 year old child to Bulgaria. Application successful and child’s return ordered.

FIND OUT MORE

NA v Nottinghamshire County Council [2015] EWCA Civ 1139

Appeal considering whether a local authority should be liable for the abuse perpetrated by foster carers on the child in their care. Held that the local authority was not so liable.

FIND OUT MORE
No track loaded
0:00 / 0:00

Queue