Case Summaries

Egeneonu v Egeneonu (Rev 3) [2018] EWHC 3029 (Fam)

Judgment of Cobb J in which he imposes a custodial sentence and makes it clear that ‘Those who assist, materially assist, those who abduct children in this way, must also expect lengthy sentences from this court if they are found to be in contempt.’

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Leeds Teaching Hospitals NHS Trust v JF (By her Litigation Friend, the Official Solicitor) and CH [2018] EWCOP 32

Judgment of Mr Justice Cohen, sitting in the Court of Protection, making orders concerning ongoing treatment of a patient with a terminal illness

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LM v KD 2018 EWHC 3057 (Fam)

Two appeals against orders by judges refusing to stay separate but connected Schedule 1 proceedings and ToLATA proceedings in different English courts between the husband and the wife.

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NN v AS & Ors [2018] EWHC 2973 (Fam)

Judgment of Mrs Justice Roberts, in which she carefully considers, in the context of a Part III claim, contentions by the Applicant Wife that the Husband is the true absolute beneficial owner of three properties in central London and a yacht.

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HC (A Minor Deprivation of Liberty) [2018] EWHC 2961 (Fam)

Local Authority application for a determination as to whether a placement of a 13 year old boy constituted a deprivation of liberty and if it did, for the court’s authorisation, by way of declaratory relief pursuant to the inherent jurisdiction.

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Manchester City Council Legal Services v LC & Anor [2018] EWHC 2849 (Fam)

Judgment of Hayden J in the Court of Protection in a case with a complex history in which His Lordship makes a number of interim decisions and recognises the need for public debate and further consideration as to “whether the MCA, by collateral declarations, is apt to limit the autonomy of individuals in spheres where they are capacitous”.

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Hart v Hart [2018] EWHC 2966 (Fam)

Sentencing hearing following successful committal application by the Wife against the Third and Fourth Respondents

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Hart v Hart [2018] EWHC 2894 (Fam)

Judgment concerning the alleged breach of an order for disclosure within “very long-running” financial remedy proceedings”

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RV v VT [2018] EWHC 2808 (Fam)

Judgment ordering the return of a child to Latvia in which a child was found to have acquired habitual residence in Latvia after approximately 4 months, previously having lived and been habitually resident in England – where the mother remained living – for four years.

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University College London Hospitals v KG [2018] EWCOP 29

Judgment of Cohen J approving the administration of a new and untested treatment for CJD in respect of a patient who had lost capacity to make his own informed decisions.

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D, (A Child), Re [2018] EWHC 2828 (Fam)

Hayden J scrutinises and reviews a “profoundly disturbing” case in which there had been a failure to achieve an appropriate placement for a child with a wide variety of challenging behaviours.

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Hertfordshire CC v Ms T and Mr J [2018] EWHC 2796 (Fam)

Judgment of Keehan, J at the final hearing in care proceedings in which His Lordship gave himself a revised Lucas direction.

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C (An Infant), Re (Rev 1) [2018] EWHC 2750 (Fam)

A decision of Ms Justice Russell granting a declaration sought by an NHS Trust that it would be lawful and in the best interests of a two month old child for his treatment to be limited to palliative care.

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A and R (Children), Re [2018] EWHC 2771 (Fam)

Unsuccessful appeal by the mother against a fact finding hearing in private children proceedings, where Baker J provides a useful reminder of the law pertaining to domestic abuse cases, in particular the question of appeals arising from fact finding hearings

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H (Children) [2018] EWFC 61

Care proceedings concerning two children which took 116 weeks to resolve largely because of the approach and delay in concurrent criminal proceedings. Sir James Munby gives helpful guidance about the engagement of the family court with other courts, agencies and public authorities.

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A (A Child) [2018] EWCA Civ 2240

Appeal in care proceedings involving rival SGO contenders: a foster carer and extended family members in Ghana. At first instance, the judge made a SGO to the foster carer. Appeal allowed.

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