Case Summaries

Appeal against a final order made 15 months out of time.

Case concerning the sanction to be applied for multiple and flagrant breaches of a freezing injunction. The circumstances of this case resulted in a 6 month term of imprisonment, suspended for 12 months.

The judge made findings of the parents’ collusion and that there was a real possibility they had overlaid the child causing an asphyxial event.

This is a decision of Cobb J concerning (amongst other things) the discharge of a Passport Order.

Appeal from care and placement orders made by Keehan J when the Court did not properly identify the risk of future harm to the children and that in consequence the welfare decision was flawed.

Costs assessment and a decision that the GHR can no longer be applied reasonably or equitably without some form of monetary uplift that recognises the erosive effect of inflation and other overheads since the last review in 2010.

Application by prospective adopters for an injunction requiring the Local Authority to return one of the children to their care
– issue as to whether or not the prospective adopters had already given notice under section 35 (1) ACA 2002 of their wish to return the child
– whether a Local Authority wishing to terminate a placement with prospective adopters is required to give notice under s.35(2) if the child is not living with the adopters but has been returned to the Local Authority for a period of respite care

The Court of Appeal dismisses a mother’s appeal against findings of fact made in care proceedings.

An appeal against a decision of Mostyn J in 2016 on an ‘out of hours’ application for orders under the inherent jurisdiction against Mr Mazhar, which orders resulted in Mr Mazhar, then aged 26, being removed from home to hospital.
The appeal raises important issues about how such applications should be dealt with in the future, with a proposal that the judgment of the court be brought to the attention of the President of the Family decision to allow him to consider whether fresh guidance to practitioners and judges.

Equalising the balance between certainty and fairness in arbitration proceedings?

Private law proceedings, which became public law proceedings, in a legally and factually complex case concerning a young person, X. Issues of jurisdiction are considered in detail by Knowles J, as well as a decision to discontinue a fact finding hearing.