Case Summaries

Cobb J allowed an appeal against an order of HHJ Hughes QC refusing to discharge a non-molestation order granted in 2016, and her substitution of an order that was to ‘continue indefinitely’.

Grandparents’ appeal of a refusal to make an adoption order. Appeal allowed. Adoption order made.

Successful application for a parental order where the intending parents were no longer in a relationship or living together, the intended father had minimal contact with the child, and the application was out of time.

A decision by the High Court to make a Legal Services Payment Order (LSPO) to cover future costs in ongoing child arrangement order proceedings, allowing the mother’s appeal against a decision of HHJ Tolson QC.

The court determined MC’s best interests would be served by harvesting her peripheral blood stem cells for donation to her mother who has chronic leukaemia.

Judgment of MacDonald J dealing with an application by the child’s father to adjourn a part heard final hearing in care proceedings until a full in person face-to-face hearing can take place.

Supreme Court judgment concerning the jurisdiction of an English court to make a maintenance order in favour of the wife under section 27 of the Matrimonial Causes Act 1973 (as amended) when the parties had mostly lived in Scotland and the divorce proceedings were conducted there.

An appeal by a father against findings that he had sexually abused his daughter was dismissed as the judge at first instance was entitled to make the findings he did on his assessment of the evidence.

Successful appeal by a learning disabled mother against the refusal of her application for an intermediary assessment and the appointment of an intermediary to assist her at a hybrid hearing

In order to have capacity to decide to have sexual relations with another person one must understand that the other person must at all times be consenting to sexual relations.

Judgment in care proceedings rejecting an application by a father that the court should summarily dismiss disputed findings sought by a local authority because there was “no possible basis on which such findings could be made” having regard to that medical evidence.

Disclosure of material to the police. Court of Appeal confirms that Re EC remains good law. In respect of the Re EC factors, it is impossible to place the factors in any order of importance; it will vary from case to case.

This was an appeal against a decision of Williams J to continue a hybrid fact finding hearing in care proceedings when leading counsel for the mother could not be physically present with her client when she gave live evidence in court, because she was required to shield. Appeal refused. The Court of Appeal held that there was no breach of the mother’s article 6 rights and not only did the Judge reach a decision that was plainly open to him, he reached the correct decision.

Mr Justice Cobb conducted a remote re-hearing in contempt proceedings, held in ‘open court’, making a number of findings against the first respondent that he deliberately breached a freezing order.