Case Summaries

J & Ors, Re (Children: Interim Removal) [2023] EWCA Civ 1266

The Court of Appeal overturns a decision to authorise interim removal and reiterates the requirement to grant short stays to allow such orders to be appealed unless a child’s safety requires their immediate removal

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H (Children: Placement Orders) [2023] EWCA Civ 1245

The appeal concerned a decision to permit a one year old child, G, to remain in the care of her mother, and to revoke placement orders made in respect of her two older brothers with the court indicating that there should be a plan for a return home over approximately 6 months.

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Re London Borough of Hackney v P and Others (Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213

Consideration of the basis for the Family Court exercising jurisdiction in care proceedings where the child has recently arrived in England and Wales from a state which is not a contracting party to the 1996 Hague Child Protection Convention.

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Re WSP (A Child) (Vaccination: religious objection) [2023] EWHC 2622 (Fam)

Refusal of a mother’s application for an injunction to restrain the local authority from arranging for a child to receive routine vaccinations.

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LT v ZU (Re A & B (Children)) [2023] EWFC 179

This was an application heard by HHJ Evans-Gordon over two days who handed down judgment on 6 October 2023. The substance of the quasi-appeal being an application made by the father of two children 7y and 4y of age to challenge an arbitral award made by a jointly appointed arbitrator on 12 August 2022.

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Abdi v Manchester City Council & Others [2023] EWCA Civ 1214

The court was concerned (indirectly) with 4 children, all born in the UK.  Their parents are Somalian, although their mother is understood to be a dual Somali/Dutch national.

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EBY (A Child) (Deprivation of Liberty Order) [2023] EWHC 2494 (Fam)

The local authority made an application for a Deprivation of Liberty Order (“DOLO”) permitting the local authority under the High Court’s inherent jurisdiction to deprive a 17-year-old child (“EBY”) of her liberty in accommodation provided by the local authority under section 20(3) Children Act 1989 (“CA 1989”).

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Xanthopoulos v Rakshina [2023] EWFC 158

Heard by Mr Justice Peel, this was H’s application for a Legal Services Payment Order to enable him to conduct proceedings in the Court of Appeal. The application was successful, with a LSPO being made in H’s favour for £175,000, that sum being a 25% reduction from the figure originally sought by H.

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Tickle v Father & Ors [2023] EWHC 2446 (Fam)

Appeal considering the balance between a journalist’s right to report under Article 10 and the child and family’s right to privacy under Article 8, finding reporting should be permitted in this case.

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G v H (Hague Convention Wrongful Removal) [2023] EWHC 2351 (Fam)

This was an application by a father for summary return of the child to Portugal where the court in Portugal had  made an interim order that the child would live with the mother in England. Poole J decided to stay the proceedings.

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HAT v LAT [2023] EWFC 162

Application for MPS & LSPO in case where separation Deed entered into in 1994, but ongoing financial support having been provided thereafter

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Ditchfield v Ditchfield [2023] EWHC 2303 (Fam)

Unsuccessful appeal by Husband in case involving issues as to illiquid assets, manipulation of business valuations, a ‘soft’ loan and deficient disclosure

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Simon v Simon & Anor [2023] EWCA Civ 1048

Appeal as to the involvement of a litigation funder in proceedings as to a Consent Order which would not allow for repayment of a litigation loan.

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St George’s Trust, [2023] EWHC 2244 (Fam)

The matter concerned a 20 year old man, Mr Adam Casey. He was punched to the right side of the head on a night out and fell to the ground, resulting in a catastrophic injury.

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T (Children) [2023] EWCA Civ 1004

This appeal concerned the short-term living arrangements for three young children who had been residing with their father under interim care orders from 11 November 2022 to 7 July 2023.

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Re Z (Care Proceedings Reopening of Fact Finding) [2023] EWFC 137

In this judgment Knowles J sets out her reasons for refusing a mother’s (K) application to reopen findings made in 2016 concerning injuries sustained by her eldest child, Z, when a baby.

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