Case Summaries

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.

Application by trustees of a discretionary settlement created in 1968 seeking the Court’s confirmation and approval that they have the power to execute a Deed of Appointment to include a child born out of wedlock (who otherwise may not be a beneficiary due to common law rules of construction) as a beneficiary of the trust. Application granted.

Concerning the medical treatment of CD, a 27-year-old woman that is 35 weeks preganant, currently detained pursuant to section 3 of the Mental Health Act 1983.

First instance decision of Mr Justice Keehan in care proceedings concerning a child whose brother had been murdered by his father. Care and placement orders made.

This case concerns an appeal by the mother against special guardianship orders that were made in respect of her two sons, L (10) and A (9) in favour of their paternal grandparents.

Urgent application by the treating Trust to permit treatment in respect a 16-year old girl, B, refusing treatment i.e. insulin, with the result her life was threatened by diabetic ketoacidosis [‘DKA’]. Application allowed.

Williams J

Judgment in Queen's Bench Division providing international family lawyers with a meticulous overview on establishing forum. A claim issued first elsewhere in the world, may not of itself be determinative. World-wide assets were brought under the overarching jurisdiction of the High Court. The sophisticated construct of trust claims engaged specific Articles.

It is a truism, Cohen J says, that marriages come in all different shapes and sizes. The size and shape of a relationship are both key to the quantum of a financial remedy, but it is PG Woodhouse-esque drama is what brings this wonderfully readable judgment to life.