Case Summaries

Judgment of the President in respect of a care plan for a 16 year old with a history of self-harming and attempted suicide.

Appeal considering a decision at first instance by a Deputy High Court Judge in the Manchester Family Court, whereby the judge had ordered that C, a 3-year old boy diagnosed with autistic spectrum disorder, should live with his father in Canada and spend holidays with his mother who lived in England. The decision reversed the child’s established living arrangements.

Judgment in which considered what impact, if any, the mother’s functions with her High Commission and the consequent diplomatic privileges and immunities enjoyed by her and household, had upon the ability of the court to make public law orders in respect of her children.

Statement of the ECtHR

Short judgment of Hayden J in the Alfie Evans litigation dismissing the parents’ application for a writ of ‘habeus corpus’ to release Alfie from his hospital.

Roberts J applied the law on pre-nuptial agreements and made a needs-based award of £2.95m.

Appeal against fact finding, for insufficiency of allegations found, dismissed by the Court of Appeal.

Appeal against decision in financial remedy proceedings not to re-open findings in the light of new evidence. Appeal dismissed with costs.

Judgment of Baker J setting aside a decree of divorce obtained by a material deception in the petition and a subsequent affidavit, namely the provision of a false address.

Judgment of McDonald J in which he considers the local authority’s application for permission to withdraw care proceedings and provides useful guidance on cases involving alleged radicalisation.

Second judgment of Mostyn J concerning a child, T, for whom the grounds for secure accommodation had been made out, but there was no bed in a secure unit. Issue as to whether T ‘authentically’ consents to her deprivation of liberty considered.

Judgment of the Court of Appeal in respect of childcare proceedings which are described by McFarlane LJ as having “manifestly failed to prove a sound resolution of the serious factual allegations that underpinned the application for a care order”.

Unsuccessful appeal by the parents of Alfie Evans to the Court of Appeal on their application for a writ of habeas corpus.

Court of Appeal judgment in substantial asset financial remedies case in which the Court of Appeal imposes a term order for the wife’s periodical payments with a section 28(1A) bar and gives guidance on the treatment of earning capacity and the sharing and compensation principles.

Unsuccessful appeal to the High Court by a mother against a decision which transferred the residence of C, aged six, to her father, in light of the mother’s opposition to progressing C’s contact with her father. Permission to appeal was refused, and Mrs Justice Knowles certified the application as being totally without merit.

Decision of Baker J declining to make a costs order in favour of the Official solicitor where the applicant NHS Trust had withdrawn applications for test case declarations.