Case Summaries

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

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.

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.

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.

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

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

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.

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.

Judicial review proceedings were brought by DL and ML who were prospective adopters of K, who had been placed with them pursuant to a placement order by the Defendant Local Authority in April 2009.

Apeal concerning a spousal maintenance order in which the impact of the wife’s relationship with another on the assessment of the maintenance award was determined.

Fact finding hearing concerning cardio-respiratory arrest suffered by baby while in her mother’s care in hospital.

Appeal from a district judge’s final order in Schedule 1 Children Act 1989 proceedings. Appeal allowed in part. No order as to costs.

Contact proceedings where findings which the judge at first instance had been minded to make but had not actually made, were introduced. Appeal successful and order amended. Important guidance also given by Thorpe LJ re. court’s power to make contact orders where no residence order exists.

Appeal in a case with a complex procedural history where the father had applied for parental responsibility and residence and the mother had removed the younger of two children. Appeal dismissed but court requested an early hearing date in the county court. (Thorpe LJ gives guidance as to the procedure to be followed in cases involving apparent unlawful removal of a child from its primary carer.)

Husband’s appeal in ancillary relief proceedings focusing on the treatment of trust assets. The Court of Appeal determined that the Husband clearly had access to the trust fund and that it has been appropriate to take those assets into account. Appeal dismissed.

Disputed divorce jurisdiction case involving consideration of the wife’s residence at the date of her divorce petition. Held: the wife was entitled to proceed with her petition.