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Appeal against a decision that E who lacks capacity should not return to live with F with whom he had lived under an adult placement. Appeal dismissed and guidance given by the Sir Nicholas Wall P. re. Art 5 ECHR in relation to cases concerning vulnerable adults.
Successful appeal to the Court of Appeal -overturning an order for interim care orders and a refusal of permission to instruct an independent social worker.
Interim application in the Court of Protection for declarations as to the capacity and best interests of a vulnerable adult woman. Application refused.
Appeal in judicial review proceedings against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Appeal refused.
Application in the Court of Protection for appointment as deputies as to welfare and finance in respect of vulnerable adult. Application granted, subject to conditions.
Application by mother for permission to appeal against various orders under the Children Act 1989, including residence order and specific issue orders. Application refused.
Local Authority initially sought an order that a 6 year old suffering from a rare disease could undergo recommended surgery but subsequently decided it wanted further consultation with the parents. Sir Nicholas Wall P. held there was no continuing role for the court and made consequential orders.
Ancillary Relief case concerning treatment of a pre-marital inheritance (£57.4 million). All the assets had been inherited by the wife before the parties meet, were later brought into the marriage, and then used as the only financial support during the marriage. Bodey J ordered a lump sum of £5 million to be paid to husband.
Jurisdictional issue on appeal as to whether the court has power, where a child maintenance calculation below the maximum assessment is in place, to make a payment for the benefit of the child in respect of legal fees of Schedule 1 Children Act 1989 proceedings and/or other proceedings ( s. 8 proceedings). Held: the court does have jurisdiction.
Appeal by mother against order to disclose sensitive material to father within care proceedings prior to completion of a risk assessment of the consequences of disclosure. Appeal allowed.
Application by father under the Family Law Act 1986, section 5 for stay of Children Act proceedings on the basis that matter should be heard in Scotland, not England. Application granted.
This case is concerned with an application for judicial review in which the Claimant, A, seeks a declaration that the Defendant, The London Borough of Lambeth, had failed to assess A’s needs and to produce a pathway plan as required by The Children (Leaving Care) (England) Regulations 2001 and further, a mandatory order requiring the Defendant to assess A’s needs and to produce a plan as required by the Regulations.
The issue in the case was whether the Respondent was a parent under Schedule 1 of the Children Act 1989 so that the court had jurisdiction to make an order against her for financial relief. The matter was treated as a preliminary issue prior to the court considering the merits of the application.
Application for permission to appeal against order that there be no fact-finding exercise into child’s death. Application refused.
This case dealt with an application by a Husband pursuant to section 13 of the Matrimonial & Family Proceedings Act 1984 for leave to make an application for financial relief following a Swiss divorce. Application dismissed.
