Case Summaries

Z v University Hospitals Plymouth NHS Trust & Ors [2020] EWCOP 69

A decision by Mr Justice Cohen in the Court of Protection, which reiterated his previous decision to end life sustaining treatment for RS, an unconscious man in a vegetative state. This application had been brought by RS’s estranged birth family, who argued that RS would wish to be kept alive based on his Catholic faith and who sought to move him to Poland.

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M v H ( private law vaccination) [2020] EWFC 93

MacDonald J granted a specific issue order authorising the administration of vaccinations to two children, ages 6 and 4 in accordance with the NHS vaccination schedule. In doing so he considered the role of the court in this area, the application of the principles set out in Re H (A Child: Parental Responsibility: Vaccination) [2020] EWCA Civ 664 in private law disputes, the use of expert evidence and the approach to proportionality under Article 8.

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London Borough of Lambeth v L (Unlawful Placement) [2020] EWHC 3383 (Fam)

Authorisation of deprivation of liberty of a 13 year old boy in a placement out of jurisdiction – local authority had delayed significantly in issuing application – reminder that a local authority leaves itself open to liability in damages (sometimes considerable) if a child is placed in circumstances amounting to a deprivation of liberty without first seeking such an order

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X, T, A, E and S, Re [2020] EWCA Civ 1680

Appeal from a fact finding in care proceedings concerning whether a child’s injuries were inflicted or self-inflicted. Court concluded certain injuries were self-inflicted and certain injuries were inflicted upon her. Appeal allowed on a very limited basis: findings as to why the child harmed herself were set aside.

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Griffith v P [2020] EWCA Civ 1675

12 month sentence on committal application for falsifying a court order upheld

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W (Children: Reopening/Recusal) [2020] EWCA Civ 1685

Successful appeal of a decision to set aside findings of fact in private law proceedings because of judicial recusal and the appearance of bias

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KK v Leeds CC & DK [2020] EWCOP 64

This was a decision of Cobb J in which he considered the rules relating to joinder in Court of Protection Proceedings and the correct procedure in circumstances where the existing parties resist joinder of an applicant, but for reasons which are not openly stated.

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In the matter of Re A (A Child: Adoption Time Limits s44(3)) [2020] EWHC 3296 (Fam)

An application to adopt A who had attained her majority. The court considered whether the application failed to comply with one of the statutory criteria of section 44, Adoption and Children Act 2002.

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In the matter of H (Step-Parent Adoption) [2020] EWFC 86

Cobb J gives a short judgment on an application under s46 Adoption and Children Act 2002 by a step-father to adopt a 17 year old girl (H).

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Emoni v Atabo [2020] EWHC 3322 (Fam)

Application by a father against a mother for a finding of contempt of court, relating to a child removed to Nigeria.

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Warrington Borough Council v TN (Care Proceedings: Comity) [2020] EWFC 79

Mr Justice MacDonald reminds participants in care proceedings involving more than one jurisdiction to have proper regard to the principle of comity.

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Bell v Tavistock [2020] EWHC 3274 (Admin)

Judicial review of the practice of prescribing puberty suppressing drugs to persons under the age of 18 who experience gender dysphoria.

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Lancashire CC v G (No3) (Continuing Unavailability of Secure Accommodation) [2020] EWHC 3280 (Fam)

Concerning the placement of a sixteen year old.

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H v An Adoption Agency (Declaration of Parentage following Adoption) [2020] EWFC 74

Mr Justice MacDonald determined that the court has jurisdiction pursuant to s.55A(1) of the Family Law Act 1986 to grant a declaration of parentage to a birth parent of a child who had been lawfully adopted. The court referred a number of points to the Family Procedure Rules Committee for their consideration as when the rules set out in Part 8 of the FPR 2010 were drafted, it might not have been appreciated that this was possible, as well as that in some cases, it may be appropriate to grant such a declaration.

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CB v EB [2020] EWFC 72

A case concerning an application to set aside two consent orders – one from 2010, one from 2013.

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