Case Summaries

Father’s application for a declaration as to the habitual residence of the parties’ son.

Court of Protection proceedings as to whether a 61 year old woman lacking mental capacity should undergo a potentially life serving operation, Official Solicitor objecting to the operation. Held that the operation should proceed.

Appeal by parents against placement order made at an issue resolution hearing at which no evidence was heard and no submissions made on behalf of the parents. Appeal granted.

Appeal against an order requiring the CPS and the Respondent husband to disclose material to the Applicant wife who was applying to set aside a consent ancillary relief order which she alleged had been procured by material misrepresentation.

Appeal by former cohabitant against the dismissal of her claim to a beneficial interest in a property purchased by the respondent and in which the couple lived. Appeal dismissed.

Appeal against the variation of a reporting restriction order permitting the publication the Executive Summary of a Serious Case Review in redacted form. Appeal allowed.

Appeal allowed, upholding the decision in Asma Dukali v Mohamed Lamrani namely that an application under Part III MFPA 1984 could only succeed if the marriage is recognisable under English law as a valid, or at least a void marriage.

Application for permission to appeal a refusal to re-open a fact-finding hearing on the basis that the injuries to the child were caused by rickets. Application refused.

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.