Case Summaries

A re-hearing of findings of fact following a successful appeal of an earlier fact-finding hearing

Can the Family Court in FGM proceedings injunct the Secretary of State in the exercise of the asylum jurisdiction?

Application by the Public Guardian pursuant to section 23 & para 11(3)(a) of Schedule 1 of the Mental Capacity Act 2005 [‘MCA’] for determination of the meaning and effect of certain instruments that the Public Guardian [PG] had been asked to register as Lasting Powers of Attorney [LPA’s].

Appeal to The Supreme Court as to whether it is within the scope of parental responsibility to consent to arrangements for a teenage child which would amount to a deprivation of liberty.

Court of Protection judgment considering the test for capacity to consent to sexual relations: whether the need for P to understand the voluntary nature of sexual activities should extend to an understanding of full consent from sexual partners.

Peter Jackson LJ here delivers the single judgment of the Court of Appeal, in which the local authority’s appeal against the decision of a Recorder to adjourn care proceedings at the conclusion of a contested final hearing, for the purposes of further assessment was upheld.

An extensive case regarding the wish of a man, who was born a woman, to be recognised as the father on the birth certificate of the child he has given birth to since receiving a Gender Recognition certificate confirming his gender as male.

An appeal by a local authority and children's guardian against an order made by a circuit judge refusing an application for a placement order in respect of a 10 month old child who had been in foster care under an interim care order since birth.

Successful appeal against care and placement orders made at an IRH as the judge made inappropriate comments which caused the mother to change her position and because the judge failed to give a proper, fully-reasoned judgment.

Successful appeal against a committal order imposed upon a paralegal after an unauthorised disclosure of documents from the Family Court to the Immigration and Asylum Tribunal.

Cobb J concluded proceedings and determined whether it had been right to use the inherent jurisdiction to make interim injunctive-type orders in respect to a capacitous but apparently vulnerable adult.

Cobb J provides a comprehensive summary of the law relating to the use of inherent jurisdiction in order to authorise a deprivation of liberty.

On the facts of the case, the learned judge rejected the applications to authorise both the deprivation of DN’s liberty and his care regime in supported living under a Mental Health Treatment Requirement of a Community Order.

The matter came before Mr Justice Hayden and concerned an application by a Health Authority to place ‘D’, a 12 year old girl, in a special unit which would better address her medical and mental needs.

Appeal by a husband to the Court of Appeal against the decision made at the final hearing in a financial remedies case.

Court of Appeal judgment setting out the procedure by which findings of fact may be challenged on the basis of further evidence. It will generally be more appropriate for the significance of the further evidence to be considered by the trial court rather than by way of appeal.

Application for committal relating to breaches of orders prohibiting R publishing material in relation to her children. Consideration of the legal framework and the publication of hyperlinks. Subsequent successful application to purge the contempt.