Where P’s views prior to incapacitation can be ascertained with sufficient certainty, they should generally prevail over the very strong presumption in favour of preserving life.
A father’s (1) application for permission to appeal the continuation of interim care orders and (2) appeal concerning the power to order electronic tagging. Application and appeal dismissed. Guidance on ‘academic appeals’ and permission to appeal decisions.
Appeal against a finding that a grandmother was in the pool of possible perpetrators of an injury to a young child. Appeal allowed on the basis that the judge’s finding went further than the evidence allowed. Court of Appeal clarifies the test for permission to appeal.
The Court of Appeal allows the Husband’s appeal following financial remedy proceedings and remits the case for a re-hearing. The questioning of the Husband by the judge went beyond assisting a litigant in person wife to present her case. The process at Final Hearing was therefore inadvertently unfair because the husband had no advance warning of the point then raised and so was unable to present his own case in order to meet it.
Appeal in care proceedings, allowed by consent. Reference made and guidance given in relation to ‘clarification’ of judgments and fresh evidence.
Appeal by a father against the dismissal of his application to vary a s.91(14) order.
An appeal dealing with the issue of designation of a Local Authority in the rare cases in which the child, having been removed from the parents at birth, has no ordinary residence either in its own right, or by way of deemed ordinary residence by reference to his or her primary carer.
Appeal by a local authority in relation to an application for permission to refuse contact.
Mostyn J’s judgment on an application under FPR 24.12 for a letter of request to be issued to the US authorities for examination, unusually, of the respondent to financial remedy proceedings.
Appeal by a local authority against a finding in care proceedings regarding injuries suffered by a baby.
Judgment of Williams J in care proceedings relating to two children where a Child Arrangements (“live with”) Order was made in favour of the father and his partner who live in Portugal.
Court of Protection case on capacity to conduct proceedings
In Hague Convention proceedings Mr Justice MacDonald ordered the summary return of a child to the State of Israel, rejecting the mother’s “grave harm” defence which relied on her assertions both as to the alienation of the child from her by the father and on what she described as his “relentless and oppressive” use of the legal system in Israel.
An appeal against the recognition of a divorce in Dubai and against the dismissal of child arrangements order.
An appeal concerning the approach of a court to a potential impasse with a local authority on an important element of the care plan. In the instant case, an impasse had not been reached. The appeal was allowed, though none of the local authority’s grounds were accepted.
