Case Summaries
R v P (Children: Similar Fact Evidence) [2020] EWCA Civ 1088
A father applied for contact with his children aged 5 and 2. The mother objected on the basis that the father had subjected her to very serious coercive and controlling behaviour, including rape. She wanted to reply upon what she argued was similar behaviour by the father towards his subsequent partner and her children. The Judge excluded that evidence and the mother appealed.
The appeal was allowed and the proceedings transferred back to the High Court for a finding of fact hearing. The Court of Appeal set out the general approach to be taken to similar fact evidence in civil and family proceedings.
N (Children) [2020] EWCA Civ 1070
Successful appeal of a decision to remove three children from their mother under pre-existing interim care orders
S v C [2020] EWHC 2127 (Fam)
Decision of Roberts J in an ‘unusual application’ by a former wife for a financial remedy order in respect of A who is the parties’ only child, who is six years old.
Gibbs v Gibbs [2020] EWHC 2134 (Fam)
Judgment of Lieven J determining various applications, including an application for committal for breach of a non-molestation order, arising from long-running private children and Family Law Act 1996 applications dating from 2000. Includes consideration of anonymisation of judgments where a complainant of sexual abuse risks being identified.
E (Children) [2020] EWCA Civ 1030
This appeal concerns the extent of the obligation upon the court in England and Wales to enforce a foreign order in relation to children. It directly concerns one provision of the Brussels II revised Regulation (Council Regulation (EC) No. 2201/2003) (‘BIIa’) but the underlying principles are of broad application in cases where the court is faced with an enforcement application alongside a welfare application.
Newman v Southampton City Council & Ors [2020] EWHC 2148 (Fam)
Consideration of costs following disclosure and permission to appeal
Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038
Appeal by a father in which the court of appeal considered a local authority’s powers in relation to changing the nationality of children in care
‘MoJ must take action to prevent the collapse of legal services providers’
Select committee highlights risks to high street firms, law centres and newly qualified barristers
Re D-S (Contact with Children in Care: Covid-19) [2020] EWCA Civ 1031
This was a successful appeal against a decision of HHJ Lea to refuse a mother’s application for direct contact to her children (who were being cared for by the Local Authority) as the lockdown restrictions eased. Appeal allowed.
S (A Child) [2020] EWCA Civ 923
This is an appeal from a return order made under the 1980 Hague Child Abduction Convention ("the 1980 Convention").
Holt v Holley & Steer Solicitors [2020] EWCA Civ 851
This is a second-tier appeal to the Court of Appeal regarding a claim for damages for professional negligence which may be time barred under s2 Limitation Act 1980
AB v AN & Anor [2020] EWHC 2048 (Fam)
Application by a mother to prevent her husband and others from removing her child from the country or to perform FGM on the child.