Case Summaries

Application by the Press Association to set aside an order to remove the embargo on naming a deceased party

Application in care proceedings for a reporting restriction order in respect of a child whose father was awaiting trial for the alleged murder of the child’s mother and where there had already been press reporting of the case. Application refused and guidance given as to the need to give proper and adequate notice to the press and broadcast media.

Dispute as to whether the fiancee of the deceased satisfied the “living in the same household” and “living as man and wife” eligibility criteria in s.1 (1A ) of the Inheritance (Provision for Family and Dependants) Act 1975 in order to claim against the deceased’s estate

Appeal against two decisions of a gender recognition panel in which the appellant contended that her application for a gender recognition certificate had been rejected. Held that the panel had not rejected the application and that the appeal was out of time. Appeal dismissed.

Appeal by a child which raised issues of general public importance in respect of the powers of the court to compel third parties without parental responsibility to take steps to secure the return of an abducted child and the role of non-subject children in such proceedings. Appeal allowed.

Application for permission to appeal findings of fact, placement of children with paternal grandparents under an SGO, and reduction in contact.

Claim by father for damages against Cafcass – claim alleging negligence, misfeasance in public office and breach of article 8 rights – consideration of whether duty of care owed by Cafcass to the father and whether such duty had been breached – claim dismissed.

Factors which the court should consider when evaluating an application for a further assessment of kinship carers.

Appeal in respect of placement orders granted following a final hearing in which the parents appeared as litigants in person. It was argued that the judgment granting the substantive orders, which pre-dated Re B-S, failed to comply with the requirements set down by Re B-S and Re B. Appeal dismissed with the Court being highly critical of the delay in the appeal hearing.

Application to access DNA samples in care proceedings where the party asserting paternity of the children refused a DNA test.

Father’s application for permission to appeal an order that his child was habitually resident in England and Wales. Permission granted and appeal allowed.

Re-hearing by Mr Justice Roderick Wood of a mother’s application for the return of four children to Spain under the Hague Convention and BIIR, pursuant to the decisions of the Court of Appeal [2013] EWCA Civ 1058 and the Supreme Court [2014] UKSC 1. Consideration of habitual residence and the “intolerability” defence where a sibling group is to be separated.

Reviewing findings of fact in care proceedings due to new evidence arising whilst proceedings ongoing. Test to be applied to review.

Interim care order made within private law proceedings pursuant to s37 direction – appeal by mother on grounds of procedural irregularity and incorrect application of the test for interim removal – appeal dismissed

Wife’s application for a Legal Services Order in the midst of heavily contested financial remedy proceedings, heard in November 2013.

Fact-finding hearing concerning two sisters, K and S, aged 3 and 1 respectively. Proceedings began after the death of S’s twin and also concerned an injury to K in 2011 for which proceedings had been issued previously and withdrawn. The incident in relation to K was found to be accidental, and it was not possible to establish when or why L died. The court found that the threshold for intervention had not been crossed in either incident, and returned the girls to their parents’ care.