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Application by Local Authority for orders under FPR Part 19 r14.21 and inherent jurisdiction to endorse decision not to disclose a child’s existence to his father and maternal family dismissed. Court critical of delay in applications
Mr Justice Hayden’s detailed judgment, making extensive findings of coercive and controlling behaviour, underlines the need for the court to assess a pattern or series of acts cumulatively.
A wife’s successful appeal from an order allowing a husband’s appeal against a maintenance pending suit order.
Successful application for indemnity costs on preliminary issues in financial remedy proceedings when allegations of fraud and conspiracy were withdrawn and claims discontinued shortly before the trial.
The Court considered an application by a ‘Police Force’ for disclosure of psychological reports prepared in relation to AB who was and is the subject of proceedings in the Court of Protection and who is an immensely vulnerable person.
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.
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.
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
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.
12 month sentence on committal application for falsifying a court order upheld
Successful appeal of a decision to set aside findings of fact in private law proceedings because of judicial recusal and the appearance of bias
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.
