Case Summaries

Fact-finding hearing in relation to the administration of medical care to a 9-year old girl by her parents.

Appeal by a Local Authority and a mother against findings of fact made in respect of non-accidental Injuries and failure to protect. (The difficulty of appealing findings of credibility reached by the trial judge hearing the evidence is highlighted.)

Parents’ appeal of making of a care order in respect of their child in circumstances where the judge had found that the parents posed various risks to the child focussed upon emotional and potential emotional harm.

Mother’s application for summary return of children to Australia after abduction by the father, who had been employed as an undercover police officer and submitted that it was unsafe for the family to return. Defence of Article 13(b) established. Child objected and court should exercise its discretion not to return him. Application dismissed.

Three appeals (with permission applications) re. age assessments of unaccompanied minors. Approach to be taken in cases of conflict between the assessments of local authority and The Sec. of State for the Home Department.

Appeal of declaration that beneficial interest in co-owned property belonged to solely to the defendant, in a case where an express declaration of trust existed.

Appeal concerning the proper method of assessment/calculation of child support to be paid by a self-employed person under Child Support Act 1991.

Application by imprisoned parents for permission to appeal against care orders in respect of their three children and a placement order in respect of the youngest child. Permission refused.

Appeal against an order substituting sole residence for shared residence and effectively terminating contact with the appellant. Appeal allowed and case remitted for retrial.

A decision of the Upper Tribunal Administrative Appeals Chamber (in a child maintenance assessment case), setting aside the decision of the First-tier Tribunal in light of an error of law and remitting the matter for reconsideration.

Application by Father for residence order; application by Mother for residence order and leave to remove the child permanently from the jurisdiction.

Application in Chancery Division by husband for release, under s 281(5) of the Insolvency Act 1986, from bankruptcy debt arising from ancillary relief order. Application dismissed.

Child support: procedures adopted for commitment to prison held not to be compliant with Article 6 ECHR. Appeal allowed and orders for commitment set aside.

Appeal from an order for the return of four children from Pakistan in which habitual residence was a central issue.

Application by the brother of a vulnerable adult for a costs order against a Local Authority – consideration of the principles which apply.

Appeal by a number of companies concerning the court’s jurisdiction in financial remedy proceedings to order one party to transfer or cause to be transferred to the other, properties owned by the companies.