Solicitor’s application for permission to appeal in a Court of Protection case against a costs order made against her in respect of an unsuccessful application to be appointed Health & Welfare Deputy. Permission to appeal not granted.
Mother’s appeal to the Court of Appeal to reverse order made that the parties’ two children should be returned to Canada after their unlawful abduction to this jurisdiction. Appeal allowed.
Declaration sought by an 80 year old woman (MB) with severe Alzheimer’s that she was unlawfully deprived of her liberty after expiration of a standard authorisation given under Schedule A1 to the Mental Capacity Act 2005 and prior to the making of an order under s.16 MCA authorising her deprivation of liberty at a residential home. Declaration granted.
Care proceedings. Issue as to the validity of hair testing in order to establish whether a parent has consumed alcohol and, if so, to what extent. The Court emphasised the need for the exercise of considerable caution when hair tests for alcohol are being interpreted and relied upon.
Court of Appeal allowed father’s appeal against compensation and committal orders. The judge had overstated the father’s obligations under the order for contact and the judge had not considered the possibility of impossibility of performance.
Ancillary relief order by consent was vitiated by non-disclosure of assets by the husband. Husband ordered to pay additional lump sum. Appeal by the husband that the award should be set aside dismissed.
Application by father to enforce in the High Court a contact order made by consent in England, with mother, who had relocated to Canada, contesting jurisdiction. Held, the court had jurisdiction pursuant to Brussels II Revised.
Big money ancillary relief appeal where husband had inherited substantial wealth and the parties had lived an extravagant lifestyle. Held: the wife’s lump sum was reduced to take into account her actual housing need, and her appropriate income needs, but the judge had been correct to capitalize rather than secure the periodical payments order.
Application by sister and carer of a vulnerable adult E seeking appointment as deputies for E’s personal welfare, appointment of a third party as deputy for E’s property and affairs and for E’s sister to be appointed as E’s litigation friend. Application refused.
Application by the Press Association for permission to publish the name of a Local Authority which had been subject to a number of findings in a case involving E, an adult with a severe learning difficulty. Permission granted subject to ongoing restrictions prohibiting identifying E.
At a directions appointment, a stage of ‘the utmost importance’, the Court of Protection has to identify the issue to be determined, decide upon the evidence required to resolve the issue and examine the evidence in light of the COPR 2007, the overriding objective and the duty under ECHR Article 6 to legislate for a fair hearing.
High Court has jurisdiction by virtue of its inherent jurisdiction and under s.222 Local Government Act 1972 to protect vulnerable adults not suffering from mental health disorder or lack of capacity.
Application by the mother of a young child (2 years 4 months) seeking permission to appeal a County Court order dismissing her application for leave to oppose the adoption of that child. Permission to appeal granted and the adoption proceedings stayed.
Court of Appeal allowed the appeal against dismissal of indirect contact application (supported by favourable CAFCASS report), principally because the judge had attached insufficient weight to the children’s rights to a wider family life
This case clarifies a point under the Revised Private Law Programme arising in proceedings under the Children Act 1989 in respect of CAFCASS and the Disclosure Protocol between them and ACPO under the PLP.
Judicial review proceedings of Child Support Agency’s decision that sums paid by the claimant by way of school fees should not be offset against his child support liability. Judicial review successful and CSA ordered to make fresh decision without delay.
