How much evidence should be heard when faced with allegations of domestic violence in family proceedings? Byron James, a barrister at Guildford Chambers, ponders the inherent tensions in balancing speed and detail in the light of the recent cases and the latest President’s Direction.
Application for permission to appeal refusal to allow a further residential assessment for a young parent and her child. Application refused.
Application for permission for judicial review of local authority’s decision to house a child in need under s17 of the Children Act instead of s20. Application refused.
Judgment arising from application for declaratory relief concerning the storage and export of the sperm of the applicant’s dead husband for the purposes of IVF.
Application for permission to judicial review a decision of Child Support Commissioner not to set aside refusal to allow leave to appeal previous applications to appeal decisions of the Child Support Appeal Tribunal. Application refused.
Appeal by wife against orders in ancillary relief proceedings where a circuit judge, of his own motion, raised a point as to jurisdiction.
Appeal against decision that a property developer had a proprietary estoppel claim against the owner of a property who changed her mind about the terms of the proposed oral development agreement. The Lords found that the property developer’s claim did not constitute propietary estoppel but instead was limited to quantum meriut.
Judicial review application concerning a local authority’s duties as to whether to comply with a direction from SENDIST which the local authority believes is adverse to the welfare of the child. It was found that the local authority should comply with the direction.
Judgment concerning two cases where immigration issues impacting on concurrent private law children proceedings had been mishandled.
ECHR judgment in a claim by a couple whose child had been taken into care, who was later diagnosed with brittle bone disease, for breaches of Article 8 and 13 rights. The court found there was a breach of the couple’s Article 13 rights.
Application for permission to appeal finding of fact that the applicant had sexually abused children of a family whose children had been placed in care for general neglect. Application refused.
Application for permission to appeal refusal of judicial review claim concerning failure of CSA to obey a court order and disclose information to an absent parent challenging his maintenance payments. Application refused.
Application for permission to appeal, with appeal to follow, refusal of mother’s application to relocate. Permission granted but appeal dismissed.
Judgment setting out directions in big money ancillary relief proceedings where the husband was seeking Notice to Show Cause for a hearing in a situation where he claimed that an agreement had already been concluded.
Appeal, in Scottish courts as part of defended divorce proceedings there, against a finding that the Scottish courts were a "forum non conveniens" for the purposes of deciding residence of a child where the mother had wrongfully removed her from Scotland and relocated to England. Appeal allowed.
Appeals by way of case stated concerning powers of the Magistrates’ Court to make liability orders under s.33 of the Child Support Act 1991. Appeals allowed.
