Case Summaries

Application by mother for variation of an order requiring the return of the parties’ child to The Netherlands. Application dismissed.

Appeal by DG, the mother of AG, against an order of His Honour Judge Rogers who had considered the welfare arrangements for AG in the Court of Protection. Appeal dismissed by the President.

Application by an NHS trust pursuant to s 15 of the Mental Capacity Act 2005 for a declaration that patient ‘C’ lacked capacity to make decisions about her medical care and treatment. The application was dismissed (and the court did not therefore need to consider the further application for declarations pursuant to s.4A and s. 15 to authorise the trust to administer further medical treatment).

Judgment in care proceedings concerning five children whose sibling died suddenly and unexpectedly.

Application for the summary return of a child to Saudi Arabia. Application declined.

Application for permission to appeal a decision to permit the withdrawal of life sustaining treatment of an 11 year old boy. Permission refused.

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.

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.

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.

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

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

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.

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.

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.

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

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