This was an appeal from orders made by HHJ Parry in relation to two children: X (4 years old) and Y (1 year old). The Judge made care orders with a plan for the children to remain placed with their maternal grandparents.
The court determined a child (M) to be habitually resident in England and Wales and that the English court had jurisdiction regarding matters pertaining to parental responsibility
Care proceedings involving a mother with a learning disability, in which MacDonald J comments on the importance of continuity of placement and professionals to vulnerable children in the care system.
Court of Protection case regarding the capacity of a wife to consent to sexual relations with her husband of 27 years.
An application for injuctive relief relating to a Liechtenstein establishment.
Judgment of Mr Justice Moor following financial remedy proceedings in which almost all of the assets were held in Trust funds of which the husband was a beneficiary. The Husband lacked capacity to conduct litigation and was consequently represented by the Official Solicitor. The Court considered the appropriate inferences which could be drawn against the husband as a result of his lack of full and frank disclosure.
Applications for authorisation of care plans, inter alia, for deprivation of liberty [‘DoL’] of restricted patients under ‘Hospital Orders’– applications allowed – Schedule 1A of the Mental Capacity Act 2005 [‘MCA’], the Mental Health Act 1983 [‘MHA’] and M v Secretary of State for Justice (2018) 3 WLR 1784 considered.
A judgment considering the extent to which an arbitrator can amend an award under section 57 of the Arbitration Act 1996 and how such an amendment can be challenged by the parties to the arbitration.
Application brought under section 5A and Schedule 2 of the Female Genital Mutilation Act 2003 for a Female Genital Mutilation Protection Order relating to a two year old girl.
A successful appeal from the Court of Protection against a declaration to terminate the (almost 23-week) pregnancy of AB, a woman with moderate learning disabilities. The judge gave inadequate weight to non-medical factors and the medical evidence did not convincingly demonstrate the need for such a profound and drastic intervention.
Appeal in financial remedy proceedings allowed by Francis J in respect of a periodical payments order made erroneously on the basis of sharing an income stream, contrary to Waggott v Waggott [2018] 2 FLR 406.
An appeal against findings that the father had inflicted petechial haemorrhages to his 6 month old child. Appeal allowed. Moylan LJ made general observations as to treating clinicians becoming involved as experts in care proceedings.
Case concerning the inappropriate use of s.20 Children Act 1989 in circumstances where a thirteen year old boy had spent eight years living in local authority foster care under a s.20 agreement.
Case concerning at what stage a child should be informed that the man he believed to be his father was not his genetic father, and whether the identity of his biological father should be disclosed by the mother.
This case concerns an application by a husband / father ‘X’ for permission to appeal orders made by HHJ Tolson QC at the conclusion of financial remedy proceedings and proceedings under the Children Act 1989. Theis J refused permission to appeal in respect of all of the grounds raised in the financial remedy proceedings. Permission to appeal was granted on “a narrow but important point” in respect of the form that arrangements for the child ‘C’ to spend time with her father ‘X’ should be set out in the order: in the body of the order or as a recital.
