Judgments
The list below is of key judgments published this year. Click the folders on the left hand side to browse the archive of judgments now available on the site since we started publishing in 2005.
- AB v EM (Jurisdiction Foreign Custody Order) [2020] EWHC 549 (Fam)
Judgments (26/03/2020) - MWH v GSH [2019] EWHC 3866 (Fam)
Judgments (26/03/2020) - Sunderland CC v AS & others [2020] EWCOP 13
Judgments (26/03/2020) - Andreewitch v Moutreuil [2020] EWCA Civ 382
Judgments (26/03/2020) - BCP Council v A and Ors (Inflicted injuries : Failure to protect) [2020] EWFC B4
Judgments (12/03/2020) - YM v NM (Maintenance Pending Suit) [2020] EWFC 13
Judgments (06/03/2020)
In circumstances where a substantive hearing concerning the wife’s application to set aside a financial remedies consent order had been listed, the court considered the wife’s applications for (1) maintenance pending suit, and (2) an order injuncting the husband from selling the former matrimonial home unless he agreed to her proposed terms for an escrow agreement regarding the proceeds of sale. - Re E [2019] EWHC 3639 (Fam)
Judgments (06/03/2020)
Judgment determining a dispute between parents as to funeral arrangements for their child, in circumstances where the mother had been convicted of involvement in the death and the father applied for a grant of administration under s.116 Senior Courts Act 1981 and/or exercise of the inherent jurisdiction. - Re I (Children: Child Assessment Order) [2020] EWCA Civ 281
Judgments (06/03/2020)
Appeal concerning the court’s power to make a child assessment order pursuant to s.43 CA 1989. A paradigm example of a case for which s.43 was intended. - G (A Child) [2020] EWCA Civ 282
Judgments (06/03/2020)
An appeal against the decision by HHJ Cronin to grant the mother’s application for a s.38(6) residential assessment in care proceedings - Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190
Judgments (01/03/2020)
The Family Court considers Forced Marriage Protection Orders ['FMPO'] made under Family Law Act 1996, (s 63A) where the subject of the order is an adult who does not lack mental capacity and Passport Orders as part of a FMPO. - Cardiff & Vale University Health Board v P [2020] EWCOP 8
Judgments (01/03/2020)
In the Court of Protection sitting in London, Mr Justice Hayden heard an urgent case from Cardiff by telephone, in relation to certain long overdue dental needs of an incapacitous 17-year-old severely autistic young man. The “appalling consequences” of delay were attributed to a fundamental failure to communicate effectively. - Latayan v SSHD [2020] EWCA Civ 191
Judgments (27/02/2020)
Immigration case concerning whether the child of a person who is in a relationship (not a marriage or a civil partnership) with an EU citizen is a ‘direct descendant’ or a ‘dependent’ of the citizen. Submission that a ‘real-world’ parental relationship existed despite there being no marriage or civil partnership rejected. - C (A Child: Interim Separation) [2020] EWCA Civ 257
Judgments (27/02/2020)
Unsuccessful application to appeal a decision on interim separation - W, F, C and D (minors) (Name changes disclosing gender reassignment and other matters) (Rev 1) [2020] EWHC 279 (QB)
Judgments (22/02/2020)
Judgment on the potential impact on children changing their forenames by deed poll due to gender reassignment, specifically related to the requirements of exam boards proof of name. - Re S [2020] EWHC 217 (Fam)
Judgments (20/02/2020)
Care proceedings stemming from a private law dispute where a mother made allegations of abuse against the fathers of her children. The mother's pursuit of the allegations led to emotional harm of the children. - Re C (Female Genital Mutiliation and Forced Marriage Fact Finding) [2019] EWHC 3449 (Fam)
Judgments (20/02/2020)
In this case Mrs Justice Knowles considered the difficulties in assessing the evidence of a vulnerable witness and what allowances, if any, the court can make for a witness who, by virtue of their learning disability, cannot give a coherent and/or credible account - T (A child), Re [2020] EWHC 220 (Fam)
Judgments (12/02/2020)
Application by a Local Authority pursuant to the inherent jurisdiction for a declaration that it is in the interests of a looked after child [T] to receive a schedule of vaccinations. - Dorset Council v M (Failure to prove non-accidental injury) [2019] EWFC B63
Judgments (07/02/2020)
Fact-finding hearing regarding an injury to a new born baby to establish a pool of perpetrators and whether the injury was intentional, caused by recklessness or by delivery method. - AB (Contested Adoption) [2019] EWFC B68
Judgments (07/02/2020)
HHJ Simmonds delivers an ex tempore judgment at the conclusion of the final hearing in an adoption application in respect of two children. - Re C (Lay Advocates) [2019] EWHC 3738 (Fam)
Judgments (05/02/2020)
HMCTS ordered to fund the reasonable costs of lay advocates for parents in care proceedings. The service was akin to that provided by an interpreter or intermediary. - A, B And C (Adoption: Notification of Fathers And Relatives) [2020] EWCA Civ 41
Judgments (30/01/2020)
Appeals concerning 3 babies where the mothers had concealed the pregnancies from the fathers and relatives. With 2 children being placed for adoption and that being an option for the third, should the local authorities notify the fathers before the plans are affected? - W (A Child) [2020] EWCA Civ 16
Judgments (29/01/2020)
Parents successfully appealed the refusal of permission to oppose the making of an adoption order - MB v EB [2019] EWHC 3676 (Fam)
Judgments (29/01/2020)
Judgment of Mr Justice Cohen on the “needs claim” of the applicant husband, who described himself as a “struggling artist”, against his former wife who had resources of £50 million. The judgment provides a firm reminder of costs rules, amplified by the recent amendments to FPR 2010 Practice Direction 28A, where a party fails to litigate sensibly and to engage in sensible negotiations. - HR v DS [2019] EWHC 2425 (Fam)
Judgments (29/01/2020)
In this case Mr Justice Cohen granted, for what appeared to be the first time, a Hadkinson order to cover proceedings which were not identical, albeit related. The effect of the order was to strike out an appeal in Family Law Act proceedings unless the respondent made good the admitted default in Financial Remedy proceedings. - XW v XH [2019] EWCA Civ 2262
Judgments (29/01/2020)
Complex big money financial remedies appeal raising issues of non-matrimonial property. Finding at first instance of a ‘special contribution’ overturned by the Court of Appeal. W’s share increased from £152 million to £182 million. - Re H v F [2020] EWHC 86 (Fam)
Judgments (24/01/2020) - Z County Council v M, F and C [2019]
Judgments (24/01/2020) - EF, GH, IJ (care proceedings) [2019] EWFC 75
Judgments (16/01/2020)
Fact finding hearing in which the conduct of the police during the ABE interviewing process rendered the evidence unreliable - CB v KB [2019] EWFC 78
Judgments (12/01/2020)
Judgment of Mr Justice Mostyn in financial remedy proceedings, dealing with the valuation of music-related income streams, and providing guidance on the treatment of future earnings, amortisation, and the calculation of child support in “top-up” cases. - Wakefield Metropolitan District Council v R & Ors [2019] EWHC 3581 (Fam)
Judgments (12/01/2020)
Judgment following a finding of fact hearing concerning a young child with significant head injuries. - Oxfordshire County Council v AD & Ors [2019] EWFC B66
Judgments (12/01/2020)
Application by consent to vary FGM protection orders to allow greater freedom to travel - Z, Re [2019] EWCOP 55
Judgments (12/01/2020)
Principles of open justice and their application to cases conducted in private - Re Y (A Child) [2019] EWCA Civ 2209
Judgments (10/01/2020)
The Court of Appeal dismissed an appeal against an order that Wakefield should be the designated authority in respect of care proceedings regarding a child who was found to have no ordinary residence. Lady Justice King, giving the judgment of the court, reminded local authorities that designation disputes consume time and scarce financial resources, which are better spent on the children at the centre of such arguments. - TT v CDS [2019] EWHC 3572 (Fam)
Judgments (09/01/2020) - Re QD (Jurisdiction: Habitual Residence) [2019] EWCOP 56
Judgments (09/01/2020) - Re C1 and C2 (Child Arrangements) [2019] EWHC B15 (Fam)
Judgments (09/01/2020) - Re C3 and C4 (Child Arrangements) [2019] EWHC B14 (Fam)
Judgments (09/01/2020)