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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.

• A Local Authority v RS (Capacity) [2020] EWCOP 29
  Judgments (05/07/2020)
  
• Re: A (Surrogacy: s.54 Criteria) [2020] EWHC 1426 (Fam)
  Judgments (03/07/2020)
  Successful application for a parental order where the intending parents were no longer in a relationship or living together, the intended father had minimal contact with the child, and the application was out of time.
• LP v AE [2020] EWHC 1668 (Fam)
  Judgments (03/07/2020)
  A decision by the High Court to make a Legal Services Payment Order (LSPO) to cover future costs in ongoing child arrangement order proceedings, allowing the mother’s appeal against a decision of HHJ Tolson QC.
• A NHS Foundation Trust v MC [2020] EWCOP 33
  Judgments (03/07/2020)
  
• Lancashire County Council v M (COVID-19 Adjournment Application) [2020] EWFC 43
  Judgments (02/07/2020)
  Judgment of MacDonald J dealing with an application by the child’s father to adjourn a part heard final hearing in care proceedings until a full in person face-to-face hearing can take place.
• Villiers v Villiers [2020] UKSC 30
  Judgments (02/07/2020)
  Supreme Court judgment concerning the jurisdiction of an English court to make a maintenance order in favour of the wife under section 27 of the Matrimonial Causes Act 1973 (as amended) when the parties had mostly lived in Scotland and the divorce proceedings were conducted there.
• Re B And Y [2020] EWCA Civ 767
  Judgments (25/06/2020)
  An appeal by a father against findings that he had sexually abused his daughter was dismissed as the judge at first instance was entitled to make the findings he did on his assessment of the evidence.
• Re S (Vulnerable Parent: Intermediary) [2020] EWCA Civ 763
  Judgments (25/06/2020)
  Successful appeal by a learning disabled mother against the refusal of her application for an intermediary assessment and the appointment of an intermediary to assist her at a hybrid hearing
• A Local Authority v JB [2020] EWCA Civ 735
  Judgments (25/06/2020)
  In order to have capacity to decide to have sexual relations with another person one must understand that the other person must at all times be consenting to sexual relations.
• A Local Authority v W & Ors (Application for Summary Dismissal of Findings) [2020] EWFC 40
  Judgments (18/06/2020)
  Judgment in care proceedings rejecting an application by a father that the court should summarily dismiss disputed findings sought by a local authority because there was “no possible basis on which such findings could be made” having regard to that medical evidence.
• Re A (Children) [2020] EWCA Civ 448
  Judgments (16/06/2020)
  Disclosure of material to the police. Court of Appeal confirms that Re EC remains good law. In respect of the Re EC factors, it is impossible to place the factors in any order of importance; it will vary from case to case.
• Re C (Children)(Covid-19: Representation) [2020] EWCA Civ 734
  Judgments (12/06/2020)
  This was an appeal against a decision of Williams J to continue a hybrid fact finding hearing in care proceedings when leading counsel for the mother could not be physically present with her client when she gave live evidence in court, because she was required to shield. Appeal refused. The Court of Appeal held that there was no breach of the mother’s article 6 rights and not only did the Judge reach a decision that was plainly open to him, he reached the correct decision.
• Moutreuil v Andreewitch (Contempt: No.2) [2020] EWHC 1301 (Fam)
  Judgments (08/06/2020)
  Mr Justice Cobb conducted a remote re-hearing in contempt proceedings, held in ‘open court’, making a number of findings against the first respondent that he deliberately breached a freezing order.
• B-T (A Child: Threshold Conditions) [2020] EWCA Civ 697
  Judgments (04/06/2020)
  This is a Court of Appeal judgment concerning the lower court’s decision to dismiss care proceedings because the section 31 threshold had not been crossed and refusal to continue the interim care order pursuant to section 40, pending appeal. The Court of Appeal substituted its own threshold findings and restored the interim care order which revived the care proceedings. The matter was then remitted for a welfare hearing.
• Re X [2020] EWFC 39
  Judgments (02/06/2020)
  This is a decision in an application for a parental order concerning a young child, X, who was born to a domestic surrogacy arrangement entered into between the applicants, Mr and Mrs Y, and the respondents, Mr and Mrs Z, who fully supported the application. Mr Y died prior to X’s birth.
• PA Media Group v London Borough of Haringey & Others [2020] EWHC 1282 (Fam)
  Judgments (02/06/2020)
  Mr Justice Hayden conducted a remote hearing in care proceedings, making a number of significant findings against a Local Authority, that should be in in the public domain.
• A Local Authority v The Mother & Ors [2020] EWFC 38
  Judgments (02/06/2020)
  Significant child protection failings identified by a local authority regarding a mother’s involvement with a Schedule 1 Child Sex offender.
• A Local Authority v AW [2020] EWCOP 24
  Judgments (01/06/2020)
  Decision of Cobb J in an application by a local authority for declarations pursuant to the MCA 2005 concerning AW.
• Re H (A Child)(Parental Responsibility: Vaccination) [2020] EWCA Civ 664
  Judgments (01/06/2020)
  On appeal from the High Court of Justice Family Division, McCombe, King, and Peter Jackson LJJ consider the procedural route when the vaccination of a child in care is disputed
• A Local Authority v M, F, A&B [2020] EWHC 1162 (Fam)
  Judgments (28/05/2020)
  Case concerning whether to name a Local Authority and social workers in public law proceedings. Hayden J did not think he had ever had to criticise a Local Authority to the extent found necessary in this case. Ultimately the balance was tipped in favour of prioritising the children’s family life and granting anonymity.
• A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam)
  Judgments (28/05/2020)
  Decision of Lieven J in which she was tasked with making a determination as to whether to proceed with the lay evidence in a fifteen day fact finding conducted remotely, or whether to adjourn the case having heard the medical evidence.
• FRB v DCA [No. 2] [2020] EWHC 754 (Fam)
  Judgments (26/05/2020)
  The husband and wife were both from extremely wealthy Indian families, and spent over £5m per year. Cohen J determined the parties’ cross-applications for financial remedy orders, and had to consider whether the fact that the wife had allowed the husband to bring up her child by another man in the belief that he was the child’s natural father amounted to conduct.
• R v Secretary of State for the Home Department (No. 2) [2020] EWHC 1036 (Fam)
  Judgments (21/05/2020)
  MacDonald J in the High Court considers the request for disclosure of documents in an asylum claim.
• Re H (Deceased) [2020] EWHC 1134 (Fam)
  Judgments (19/05/2020)
  Cohen J determined the claim under the Inheritance (Provision for Family and Dependants) Act 1975, brought by an adult daughter C against the estate of her father who died in 2016.. The respondents were her mother KH (aged 80 and living in a care home) and her brother NH (as executor). The widow was the sole beneficiary under the terms of the will.
• N (a child) [2020] EWFC 35
  Judgments (19/05/2020)
  Judgment of Mostyn J concerning whether the court should exercise its powers to make a summary return order in respect of a child that had been removed to Greece from England when an application for the child’s return had already been made under the Hague Convention 1980.
• S (Child in care: Unregistered Placement) [2020] EWHC 1012 (Fam)
  Judgments (14/05/2020)
  Judgment of Cobb J concerning unregistered placements and the chronic issue of absence of satisfactory secure provision.
• L (Adoption: Identification of Possible Father) [2020] EWCA Civ 577
  Judgments (13/05/2020)
  Considering the approach to be taken where a mother wants a baby to be placed for adoption without notice being given to the child's putative father.
• X (Revocations of Testamentary Guardianship) [2020] EWFC 33
  Judgments (11/05/2020)
  Case concerning prospective application for intercountry adoption under the 1993 Hague Convention; the consent given by a testamentary guardian to his own adoption application remained valid.
• Kliers v Kliers [2020] EWHC 1026 (Fam)
  Judgments (11/05/2020)
  Throughout their marriage the husband and wife had been members of an Hasidic Jewish community. The wife had subsequently left the community, which had caused a significant rift. Nicholas Cusworth QC considered both the wife’s claim for an order for sale of the former family home under TOLATA, and the husband’s claim for a financial remedy.
• MS v RS and BT (Paternity) [2020] EWFC 30
  Judgments (11/05/2020)
  Application by a father for a declaration of non-paternity and latterly, for a declaration that BT, the putative father, was the father of AS and BS pursuant to section s 55A of the Family Law Act 1986
• Re Q [2020] EWHC 1109 (Fam)
  Judgments (07/05/2020)
  This an appeal from a case management decision made by DDJ O’Leary in the course of a long-running private law dispute concerning the welfare of a child, Q, aged 6.5. Whilst this concerns the decision to adjourn a remote hearing, the appeal is purely one of procedure and fairness.
• Re S [2020] EWCA Civ 515
  Judgments (04/05/2020)
  This case concerned an appeal brought by a mother against a decision of Her Honour Judge Hillier sitting as a Deputy High Court Judge in October 2019.
• Prospective adopters v LB Tower Hamlets [2020] EWFC 26
  Judgments (04/05/2020)
  Parents’ application for leave to oppose adoption refused. The court considered that previous decisions relating to the family were highly relevant to the decision
• SZ v DG & Ors [2020] EWHC 881 (Fam)
  Judgments (04/05/2020)
  Mostyn J refuses a father’s application for leave to apply for contact with his son subject to a Special Guardianship Order due to s91(14) being in place
• Re S (Parental Alienation: Cult) [2020] EWCA Civ 568
  Judgments (01/05/2020)
  The Court of Appeal allowed an appeal by a father against the dismissal of his application for Lara, an 9 year old girl, to live with him, in circumstances where the trial judge had found that Lara had suffered harm in the context of her mother’s adherence to Universal Medicine, found by the judge to be a cult, and that a process of alienating Lara from her father had begun.
• Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA Civ 584
  Judgments (01/05/2020)
  
• Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583
  Judgments (01/05/2020)
  In the first case to come before the Court of Appeal on the issue of remote hearings in relation to the welfare of children, the Court, consisting of The President of the Family Division, P. Jackson LJ and Davies LJ, sets out the factors to be borne in mind when determining whether a remote hearing should be undertaken.
• McConnell & Anor, R (On the Application Of) v The Registrar General for England and Wales [2020] EWCA Civ 559
  Judgments (30/04/2020)
  
• EK (A Child) [2020] EWFC 25
  Judgments (29/04/2020)
  This is a judgment of Mostyn J following a contested hearing, conducted by Skype for Business, in care proceedings. Threshold was found to be crossed. The dispute centred on the welfare analysis and final care plan for EK, a baby born in 2019. Care and placement orders were made.
• A CCG v AF and others [2020] EWCOP 16
  Judgments (29/04/2020)
  The first contested hearing undertaken by Skype in the COP and Family Courts as a result of the Covid-19 pandemic, concerning whether AF should continue to receive Clinically Assisted Nutrition and Hydration (CANH) through a Percutaneous Endoscopic Gastrostomy tube (PEG) inserted into his stomach.
• Maughan v Wilmot [2020] EWHC 885 (Fam)
  Judgments (27/04/2020)
  After Mostyn J gave judgment on this matter in October 2019, it transpired that he had been misled and that the majority of the money which had been frozen in 2019 was not easily accessible. Mostyn J therefore made a further freezing order and made further costs orders in favour of the wife and the receiver, to cover the costs of their investigations and of the implementation of the costs orders.
• T v Derby City Council, A, B and X [2020] EWCA Civ 507
  Judgments (27/04/2020)
  Court of Appeal set aside findings of sexual abuse of a child by her father for reasons including that the failures to comply with ABE Guidance were too numerous to be overcome in the context of this case.
• AD & Ors, R (On the Application Of) v London Borough of Hackney [2020] EWCA Civ 518
  Judgments (27/04/2020)
  Clarification from the Court of Appeal in respect of the duty to consult under s 27 of the Children and Families Act 2014
• BP v Surrey County Council &Anor [2020] EWCOP 17
  Judgments (24/04/2020)
  Application by P’s daughter for declaration following care home moratorium on family visits in the light of COVID-19. Moratorium upheld despite human rights implications.
• Re C-D (A Child) [2020] EWCA Civ 501
  Judgments (24/04/2020)
  This is Mother’s appeal against the making of a Care Order and an order pursuant to s.91(14) of the Children Act 1989 in relation to a child. B. Mother sought for the proceedings to be remitted with the mother’s sister, Maternal Aunt, being given the opportunity to have legal advice and representation to enable her to have effective access to justice so that the option of B living with her pursuant to a SGO could be properly assessed.
• Re P (A Child: Remote Hearing) [2020] EWFC 32
  Judgments (23/04/2020)
  The President of the Family Division considers the appropriateness of a remote hearing, in a proposed fully contested composite finding of fact hearing, concerning allegations of FII made by a Local Authority against a mother.
• W v H (divorce financial remedies) [2020] EWFC B10
  Judgments (23/04/2020)
  HHJ Hess (co-chair of the Pension Advisory Group) considers financial remedies proceedings arising out of a divorce, in the first substantial treatment of pensions post the PAG publication.
• London Borough of Tower Hamlets v Mother & Ors [2020] EWHC 832 (Fam)
  Judgments (18/04/2020)
  
• Padero-Mernagh v Mernagh (Divorce- Nullity- Remote Hearing) [2020] EWFC 27
  Judgments (18/04/2020)
  
• Re SF (Capacity) [2020] EWCOP 15
  Judgments (10/04/2020)
  
• Re AV (A Child) (Expert Report) [2020] EWCA Civ 346
  Judgments (10/04/2020)
  
• Re QD (Habitual Residence) (No.2) [2020] EWCOP 14
  Judgments (10/04/2020)
  
• 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)