Case Summaries

Judgment from the President of the Family Division, reminding practitioners of the importance of following Practice Direction 27A in respect of the preparation of Court bundles.

Appeal against supervision orders allowed on basis that there should have been further assessment of the parents

Appeal in public law children proceedings, by father whose main arguments revolved around the judge’s treatment of the evidence of a clinical psychologist which he said had been allowed to assume disproportionate importance. Appeal dismissed.

Application by NHS foundation trust fordeclarations in relation to a child who has been declared clinically dead but remained ventilated. Consideration as to the respective jurisdictions of the coroner and the High Court.

Successful appeal from a peremptory dismissal of an application for DNA testing by a 13 year old child on the basis she had been deprived of a fair hearing

Second judgment in financial remedy proceedings in which Mostyn J discusses the court’s approach to (a) an inheritance received by the wife shortly before separation and (b) post separation accrual in the hands of the husband.

Appeal in financial remedy proceedings by a wife in relation the treatment of her inherited assets and spousal periodical payments. Appeal allowed.

Appeal by the mother against a decision to refuse her leave to apply to revoke a placement order. Appeal allowed and matter remitted to be heard by a different judge

Judgment as to whether, in order for a “top-up” order for child periodical payments to be made, it is necessary for the Child Maintenance Service to have made a maximum assessment.

Appeal by husband against refusal to order police disclosure in contested divorce proceedings. Appeal dismissed.

High Court application for an adoption order opposed by both parents and an older sibling in which post adoptive contact also at issue

Application by mental health trust, acute trust and council to perform a therapeutic sterilisation on a patient lacking capacity without informing her of the date of the intervention, and to enter her home forcibly if necessary to take her to the hospital. Permission granted.

The President reminds practitioners of the importance of three fundamental principles within s.31 applications

Fact-finding hearing in care proceedings concerning a child, where her sibling had been killed by the mother’s boyfriend.

Application by father to take children on holiday to Jordan. Expert evidence to the effect that the children’s legal position in Jordan could be secured to a large, but not complete, extent. Order granted, subject to safeguards, on the basis that the father’s evidence that he intended to return was accepted.

Judgment arising from application for parental orders in respect of twins where the surrogate mother had not had notice of the application, there was uncertainty as to whether the surrogate was married at the time of the embryo transfer and the application was made over 3 years after the birth of the children.