Case Summaries

Decision of Cobb J in an application by a local authority for declarations pursuant to the MCA 2005 concerning AW.

This is a Court of Appeal judgment concerning the lower court’s decision to dismiss care proceedings because the section 31 threshold had not been crossed and refusal to continue the interim care order pursuant to section 40, pending appeal. The Court of Appeal substituted its own threshold findings and restored the interim care order which revived the care proceedings. The matter was then remitted for a welfare hearing.

This is a decision in an application for a parental order concerning a young child, X, who was born to a domestic surrogacy arrangement entered into between the applicants, Mr and Mrs Y, and the respondents, Mr and Mrs Z, who fully supported the application. Mr Y died prior to X’s birth.

Mr Justice Hayden conducted a remote hearing in care proceedings, making a number of significant findings against a Local Authority, that should be in in the public domain.

Significant child protection failings identified by a local authority regarding a mother’s involvement with a Schedule 1 Child Sex offender.

Decision of Cobb J in an application by a local authority for declarations pursuant to the MCA 2005 concerning AW.

On appeal from the High Court of Justice Family Division, McCombe, King, and Peter Jackson LJJ consider the procedural route when the vaccination of a child in care is disputed

Case concerning whether to name a Local Authority and social workers in public law proceedings. Hayden J did not think he had ever had to criticise a Local Authority to the extent found necessary in this case. Ultimately the balance was tipped in favour of prioritising the children’s family life and granting anonymity.

Decision of Lieven J in which she was tasked with making a determination as to whether to proceed with the lay evidence in a fifteen day fact finding conducted remotely, or whether to adjourn the case having heard the medical evidence.

The husband and wife were both from extremely wealthy Indian families, and spent over £5m per year. Cohen J determined the parties’ cross-applications for financial remedy orders, and had to consider whether the fact that the wife had allowed the husband to bring up her child by another man in the belief that he was the child’s natural father amounted to conduct.

MacDonald J in the High Court considers the request for disclosure of documents in an asylum claim.

Cohen J determined the claim under the Inheritance (Provision for Family and Dependants) Act 1975, brought by an adult daughter C against the estate of her father who died in 2016.. The respondents were her mother KH (aged 80 and living in a care home) and her brother NH (as executor). The widow was the sole beneficiary under the terms of the will.

Judgment of Mostyn J concerning whether the court should exercise its powers to make a summary return order in respect of a child that had been removed to Greece from England when an application for the child’s return had already been made under the Hague Convention 1980.

Judgment of Cobb J concerning unregistered placements and the chronic issue of absence of satisfactory secure provision.

Considering the approach to be taken where a mother wants a baby to be placed for adoption without notice being given to the child's putative father.