Case Summaries

Coventry CC v PGO [2011] EWCA Civ 729

Judgment in appeal determining (a) whether the County Court has power to injunct a local authority from removing a child from the care of foster parents who wish to adopt him, when the local authority has a placement order and wishes to place the child with prospective adopters; and (b)when a child becomes “placed” for adoption.

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MG and another v A Local Authority [2011] EWCA Civ 745

Applications by mother and one of her children for permission to appeal against interim care order on the grounds that it was effectively a final order. Held that the judge had mis-directed himself, the permission was granted and appeal allowed.

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A v P [2011] EWHC 1530 (Fam)

Child abduction from Poland to the UK; defence based on habitual residence in the UK and the father’s acquiescence. Hague Convention 1980 applied. Held that the child’s habitual residence was Poland and the father had not acquiesced.

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S (A Child) [2010] EWCA Civ 1383

Appeal against finding of fact in care proceedings. Appeal allowed and findings set aside.

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AF v T and another [2011] EWHC 1315 (Fam)

Application under Brussels IIR concerning A, a seven year old boy, following proceedings in Germany under the Hague Convention. Residence order granted to the mother, supervised contact to the father.

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SW v CW – mirror orders jurisdiction – [2011] EWCA Civ 703

Judgment in a Court of Appeal case concerning the nature of mirror orders, the jurisdiction of the High Court to make them and their consequential effect.

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London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377 (COP)

Court of Protection. Consideration of the detention of a patient. Held that the detentions were unlawful.

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Cheshire West and Chester Council v P [2011] EWHC 1330 (Fam)

Judgment in a Court of Protection case concerning deprivation of liberty, and in which misconduct on behalf of the local authority led to the issues of costs and publication of the name of the local authority arose.

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R (R) v LB of Croydon [2011] EWHC 1473 (Admin)

Application for judicial review challenging the local authority’s assessment of the applicant’s age.

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MH v Lancashire CC [2010] EWCA Civ 1257

Court of Appeal considered the striking out of an application to appeal both care and placement orders in public law children proceedings. Appeal unanimously dismissed.

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D (A Child) [2011] EWCA Civ 684

Court of Appeal. Waiver of professional privilege in care proceedings in respect of the circumstances leading to the change of a party’s witness statement and the order for further disclosure arising from that waiver.

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Re E (Children) [2011] UKSC 27

Appeal to the Supreme Court by mother against an order for the return of children under the Hague Convention, on the grounds that the judge had failed to apply Article 13(b) of the Convention. Appeal dismissed.

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Mekarska v Ruiz and Boyden [2011] EWHC 913 (Fam)

Application to annul bankruptcy order joined to ancillary relief appeal. Both matters dismissed.

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R and H v UK – 35348/06 [2011] ECHR 844

European Court of Human Rights. Appeal from Northern Ireland relating to a freeing order and post-adoption contact. Appeal dismissed.

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K Children v Sheffield CC [2011] EWCA Civ 635

Appeal against special guardianship order on grounds that prior to the order there should have been further assessment of the father and insufficient consideration of the child’s religious and cultural needs.

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W (A child) [2011] EWCA Civ 661

Appeal against judge’s refusal in care proceedings to make a direction under s.38(6) of the Children Act 1989. Appeal unanimously dismissed except for a procedural rider to adjourn the application generally rather than dismiss it.

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