Case Summaries

This case concerns a child (aged almost 6 years) who suffers with acute necrotising encephalopathy ("ANE") from which she developed serious illness and ultimately slipped into a persistent vegetative state ("PVS").

This case is an important reminder of the need to ensure that the relevant formalities have been complied with. In this case the critical issue was whether or not decree nisi had been pronounced.

Insufficient evidence to support an application to vary a final order in financial remedy proceedings on the basis that the economic impact of COVID -19 constituted a Barder event

This was a decision of Mr Justice Mostyn to summarily dismiss a father’s application for contact with two children in care.

Successful appeal from an order for the summary return of a child to the USA in light of new evidence

Appeal against findings that the father sexually abused his daughter and step-daughter. Detailed examination of the trial judge’s reasoning. Appeal dismissed.

Decision of Mr Nicholas Cusworth QC sitting as a Deputy High Court Judge on 17 February 2021 considering Article 13 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (“The 1996 Convention”)

Macdonald J gives judgment on an out of hours application in which a health trust sought authority to remove a woman, who was in obstructed labour, from her home to hospital to deliver the baby there, including an emergency Caesarean operation if necessary. He granted the application.

An application which raised the question of the court’s power to dismiss an application and the evidential implications of an application by a Local Authority to seek to withdraw allegations at an interim stage during a fact – finding hearing

Sentence of eight weeks ordered in committal proceedings for calling the Judge “a stupid cunt” and putting the judge in fear of his safety

Appeal against decision that the Thwaite jurisdiction did not apply to the executory Rose order the parties had agreed in settlement of financial proceedings allowed and order varied.

Application for permission to appeal out of time a final order in financial remedy proceedings made in 2018 allowed

A father successfully appealed a decision to set aside a return order.

Appeal against findings that the father sexually abused his daughter. Appeal allowed; case remitted for rehearing.

Appeal and cross appeal concerning the fees charged for children to register as British citizens. Court upheld finding that the Secretary of State had failed in her duty under s.55 of the Borders, Citizenship and Immigration Act 2009 to assess children’s best interests and ensure that these were a primary consideration