Category: Children

Re S (Parental Alienation: Cult): CA 29 Apr 2020

This is a father’s appeal from the refusal of his application for a child arrangements order to be varied to provide for his 9-year-old daughter to live with him. The existing order provided for the child Lara (not her real name) to share her time equally between her parents’ homes, but that has not reliably happened for some time.

Judges:

Lord Justice Peter Jackson

Citations:

[2020] EWCA Civ 568

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 22 November 2022; Ref: scu.650495

JK v KC: FD 10 Mar 2011

The court was asked whether the English Court has, or if it has, should exercise jurisdiction over the children so as to make welfare based decisions as to their contact (access) to their mother.

Judges:

Parker J

Citations:

[2011] EWHC 1284 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 22 November 2022; Ref: scu.440081

Proform Sports Management Ltd v Proactive Sports Management Ltd and Another: ChD 26 Jul 2006

The claimant entered into a contract with Wayne Rooney, then a child footballer to represent him. Mr Rooney entered into another contract with the defendant, and the claimant sought damages alleging unlawful interference or the procuring of a breach of contract.
Held: A player’s representative did not carry out a function essential to the child footballer earning his living, and the representation contract was not on a par with or analagous to a contract of employment or for an apprenticeship. The FA rules prohibited a contract in these circumstances, and the claimant could not assert that a contract existed to be interfered with.

Judges:

Judge Hodge, QC

Citations:

Times 13-Nov-2006, [2006] EWHC 2903 (Ch), [2007] 1 All ER (Comm) 356, [2007] Bus LR 93, [2007] 1 All ER 542

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Doyle v White City Stadium Ltd CA 1934
A professional boxer, below the age for making a contract generally, was held to be bound by the terms of his licence from the British Boxing Board of Control, which allowed him to earn his living boxing but required him to keep the rules. It was . .
Cited – Greig v Insole 1978
The court was asked whether the Test and County Cricket Board had, by passing certain resolutions, induced cricketers with contracts with World Series Cricket Pty Ltd, the plaintiff, to break those contracts. The TCCB had acted in good faith and . .
Cited – Chaplin v Leslie Fewin (Publishers) Ltd 1966
The basis of a child being held to a contract is where the contract allows him to start to earn a living. . .
Lists of cited by and citing cases may be incomplete.

Contract, Children, Torts – Other

Updated: 22 November 2022; Ref: scu.341770

A, Regina (on the Application of) v Coventry City Council: Admn 22 Jan 2009

Judges:

Anthony Edward-Stuart QC

Citations:

[2009] EWHC 34 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – G, Regina (on the Application of) v London Borough Of Southwark HL 20-May-2009
The House was asked whether when a child of 16 or 17 who was ejected from home and presents himself to a local children’s services authority and asks to be accommodated by them under section 20 of the Children Act 1989, it is open to that authority . .
Lists of cited by and citing cases may be incomplete.

Children, Housing

Updated: 22 November 2022; Ref: scu.280136

MW (Liberia) v Secretary of State for the Home Department: CA 20 Dec 2007

The child was to come to the UK to stay with relatives. Permission was refused.
Held: To be allowed to come, it had to be shown that the child would be maintained here without recourse to public funds and by the people he or she was to stay with. In this case that support was to be supplemented by a third party. Such support was not maintenance as required by the Rules. Tuckey LJ said; ‘Third party arrangements of the kind in question in this case are necessarily more precarious and . . more difficult to verify. Furthermore the rules do not provide for undertakings to be taken from third parties. These are policy reasons which I think justified the amendment.’
Lawrence Collins LJ, ‘with some regret’, agreed with that construction of rule 297(v), but hoped ‘that consideration can be given to amending the rule, consistently with the policy considerations mentioned by Tuckey LJ . . to facilitate reunion where there is verifiable evidence of long-term support from third parties.’

Judges:

Tuckey, Lawrence Collins and Rimer LJJ

Citations:

[2007] EWCA Civ 1376, Times 15-Jan-2008, [2008] 1 WLR 1068, [2008] INLR 328, [2008] Imm AR 323

Links:

Bailii

Statutes:

Immigration Rules 297(v)

Jurisdiction:

England and Wales

Cited by:

Cited – Mahad (Previously referred to as AM) (Ethiopia) v Entry Clearance Officer SC 16-Dec-2009
The claimants each sought entry to be with members of their family already settled here. The Court was asked whether the new Immigration Rules imposed a requirement which permitted third party support by someone other than the nominated sponsor.
Lists of cited by and citing cases may be incomplete.

Immigration, Children

Updated: 22 November 2022; Ref: scu.262938

Re M (A Child): CA 27 Mar 2007

The Court reviewed the questions which need to be explored when considering a defence of Child’s Objections to a claim under the Act for their return to a home country. It shouls ask:
(1) Are the objections to return made out? In this connection is the child objecting to being returned to the country of habitual residence, as opposed simply to expressing a preference for staying with the abducting parent?
(2) Has the child reached an age and degree of maturity at which it is appropriate to take account of his views?
(3) In this connection have those views been shaped or coloured by undue influence or pressure directly or indirectly exerted by the abducting parent to an extent which requires such views to be disregarded or discounted?
(4) If, and to the extent that, it is appropriate to take account of the child’s objections, in exercising the Court’s discretion whether or not to order return, what weight should be placed on those objections in the light of any countervailing factors, and in particular the philosophy of the Convention or what have been called the ‘Convention considerations’. These are that both the deterrence of abductors and the welfare interests of children are generally best served by the making of an order for prompt return to the requesting state for consideration of the position by the appropriate home court; they also include comity and respect for the judicial processes of the requesting state, as well as welfare considerations directed to the position of the child in question.

Citations:

[2007] EWCA Civ 260, [2007] 2 FLR 72

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AF v M B-F FD 22-Feb-2008
The father sought the return of the two children to Poland after they had been brought to England by the mother. She said that she had come to seek work as a dentist, and had been unable to support the family in Poland. She said that her Polish . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 22 November 2022; Ref: scu.253547

Lawrence v Pembrokeshire County Council: CA 15 May 2007

The claimant complained of the negligence of the defendant council’s social worker’s in putting her four children into care. The Ombudsman had found the council guilty of maladministration and had awarded her andpound;5,000 for distress.
Held: The only difference in law between this case and JD -v- Berkshire was the coming into effect of the Human Rights Act. Article 8 required the authority to justify its interference in the claimant’s family life, but the coming into direct effect of human rights law did not undermine the public policy which gave primacy to the need to protect children. Though social workers had a continuing duty to act professionally and acknowledge all the interests at stake, but did not create a separate duty of care to te claimant in negligence.

Judges:

Auld LJ, Scott Baker LJ, Richards LJ

Citations:

Times 29-May-2007, [2007] EWCA Civ 446, [2007] 1 WLR 2991

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children, Local Government, Negligence

Updated: 22 November 2022; Ref: scu.252320

Chaplin v Leslie Fewin (Publishers) Ltd: 1966

The basis of a child being held to a contract is where the contract allows him to start to earn a living.

Citations:

[1966] Ch 71

Jurisdiction:

England and Wales

Cited by:

Cited – Proform Sports Management Ltd v Proactive Sports Management Ltd and Another ChD 26-Jul-2006
The claimant entered into a contract with Wayne Rooney, then a child footballer to represent him. Mr Rooney entered into another contract with the defendant, and the claimant sought damages alleging unlawful interference or the procuring of a breach . .
Lists of cited by and citing cases may be incomplete.

Contract, Children

Updated: 22 November 2022; Ref: scu.247643

Re S (A Child): CA 10 Jul 2003

The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial.
Held: (Hale LJ dissenting) The court in this case was not making a decision which involved the child’s upbringing, and nor was the child directly involved in the case at issue. The court was being invited to exercise its protective jurisdiction. It is not a case in which the child’s interests were by law paramount, as against the interests of freedom of the press.

Judges:

Lord Phillips Of Worth Matravers, Lady Justice Hale And Lord Justice Latham

Citations:

[2003] EWCA Civ 963, [2004] Fam 43, [2003] 3 WLR 1425

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 6 8 10

Jurisdiction:

England and Wales

Citing:

Cited – British Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
Cited – In re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
Cited – S v McC; W v W HL 1972
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter . .
Cited – In re X (A Minor) (Wardship: Jurisdiction) FD 1975
A stepfather made the child a ward of court in order to try to stop publication of a book containing passages about the sex life of her deceased father. The jurisdiction to order that a child’s name should not be made known, is not exercisable at . .
Cited – In re X (A Minor) (Wardship: Jurisdiction) CA 2-Jan-1975
A child’s stepfather obtained an order preventing publication of a book about the child.
Held: The circumstances were novel, but ‘The court has power to protect the ward from any interference with his or her welfare, direct or indirect.’ There . .
Cited – In re M and N (Minors) (Wardship: Publication of Information) CA 1990
The court considered whether to order that a child’s name be not published where the decision to publish would not affect the way in which the child is cared for, the child’s welfare is relevant but not paramount and must be balanced against freedom . .
Cited – In re F (otherwise A) (A Minor) (Publication of Information) FD 1976
. .
Cited – In re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
Cited – X County Council v A and another 1984
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. . .
Cited – Re W (Wards) (Publication of Information) FD 1989
An injunction was given to prohibit wards of court being named during the Cleveland child abuse inquiry. A summary of what has been said in court and written before hand in statements and reports are as much prohibited from publication as are direct . .
Cited – Re C (Wardship: Medical Treatment) (No 2) CA 1989
The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the . .
Cited – In re W (A Minor) (Wardship: Restrictions on Publication) CA 1992
The court considered the risks of a child being identified despite restrictions on disclosure: ‘It is to be anticipated that in almost every case the public interest in favour of publication can be satisfied without any identification of the ward to . .
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Attorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
Cited – Diennet v France ECHR 26-Sep-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – . .
Cited – A and Byrne and Twenty Twenty Television v United Kingdom ECHR 1997
The applicants claimed the protection of articles 8 and 10. The court noted ‘the relative similarity of the tests to be applied in the context of the necessity of the interference under Articles 8 and 10’. . .
Cited – Douglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – Campbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
Cited – R (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
Cited – In Re R (A Minor) (Wardship: Restraint of Publication) CA 25-Apr-1994
In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose . .
Cited – A v B plc and Another (Flitcroft v MGN Ltd) CA 11-Mar-2002
A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife.
Held: There remains a distinction between the right of privacy which attaches to sexual activities within and . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 20 November 2022; Ref: scu.184457

Re X, Y, Z (Minors): FD 3 Mar 2011

After the children had been the victims of serious sexual abuse at the hands of a third party, the local authority now sought a care order saying that their mother had not protected them.

Judges:

Baker J

Citations:

[2011] EWHC 402 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 20 November 2022; Ref: scu.439588

Sylvester v Austria: ECHR 24 Apr 2003

Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone

Citations:

(2003) 37 EHRR 417, [2003] 2 FLR 210, [2003] ECHR 196, 36812/97, 40104/98, (2003) 37 EHRR 17

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Makhlouf v Secretary of State for The Home Department SC 16-Nov-2016
(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several . .
Judgment – Sylvester v Austria ECHR 15-Sep-2010
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 19 November 2022; Ref: scu.277249

Islington v Z and others; In the Matter of X and Y twins: FD 18 Jul 2007

The court set out to explain how care proceedings had been brought to an end suddenly. The children had been taken into care after one was brought to hospital with injuries received by way of unexplained trauma. It was suggested that the child had ‘enlarged subarachnoid space’ which might make the child more easily susceptible to injury. The experts had been unable to put forward an agreed version of events.
Held: The authority had withdrawn its application without adequate explanation. That the parents had agreed was no surprise, but the mother had been unable to be heard to clear her name.

Judges:

Munby J

Citations:

[2007] EWHC 1862 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – X Council v B (Emergency Protection Orders) FD 16-Aug-2004
Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: ‘The matters I have just been considering are so important that it may be convenient if I here summarise the most important points:
(i) An EPO, . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 19 November 2022; Ref: scu.260012

W v F: FD 4 Apr 2007

Application by father for summary return of son to the USA. The mother said that the father had consented to his removal and acquiesced in his stay here.
Held: The mother had a settled intention to remain in the US when she first arrived, but lost it within eight days, which was not an appreciable time as required, and the child was not therefore oridinarily resident in the US. Return would not be ordered.

Judges:

Sumner J

Citations:

[2007] EWHC 779 (Fam)

Links:

Bailii

Statutes:

Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction

Jurisdiction:

England and Wales

Citing:

Cited – In re J (a Minor) (Abduction: Custody rights) HL 1-Jul-1990
On 21 March 1990 the mother removed the child, aged two, from Australia, where he had been habitually resident, to England with the intention of permanently residing here. She did so without the knowledge of the father who also resided in Australia . .
Cited – Nessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Cited – Re F (A Minor) (Child Abduction) CA 1992
The family had moved to Australia from England. Within weeks the father moved out of the house at the mother’s suggestion. The father took the child to England on 10 July. Johnson J had held at first instance that by 21 May the family were . .
Cited – In Re M (Minors) (Residence Order: Jurisdiction) CA 1993
The claimant mother took her 2 children from their grandparent’s home in Scotland where they were habitually resident on 4 July 1992 for a 2 week holiday with her in England. On 13 July she told the grandparents that she was not returning the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 19 November 2022; Ref: scu.251184

Sylvester v Austria: ECHR 15 Sep 2010

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses partial award – Convention proceedings
‘the court reiterates that effective respect for family life requires that future relations between parent and child not be determined by the mere effluxion of time.’ and ‘In cases concerning the enforcement of decisions in the realm of family law, the court has repeatedly found that what is decisive is whether the national authorities have taken all the necessary steps to facilitate execution as can reasonably be demanded in the special circumstances of each case. In examining whether non-enforcement of a court order mounted to a lack of respect for the applicants’ family life the court must strike a fair balance between the interests of all persons concerned and the general interest in ensuring respect for the rule of law. In cases of this kind the adequacy of a measure is to be judged by the swiftness of its implementation, as the passage of time can have irremediable consequences for relations between the child and the parent who does not live with him or her.’

Citations:

[2010] ECHR 1447

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Citing:

Judgment – Sylvester v Austria ECHR 24-Apr-2003
Effective respect for family life required that future family relations between parent and child are not determined by the passage of time alone . .

Cited by:

Mentioned – F v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Children

Updated: 19 November 2022; Ref: scu.181018

In re M and N (Children); In re M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration): FD 6 Oct 2008

Munby J expressed grave concern at the failure of parties and their representatives to keep the court informed as to events where there were associated immigration proceedings the outcome of which would effectively determine the private law children proceedings.

Judges:

Munby J

Citations:

[2008] EWHC 2281 (Fam), Times 26-Nov-2008, [2008] Fam Law 1192, [2008] 2 FLR 2030

Links:

Bailii

Jurisdiction:

England and Wales

Children, Immigration

Updated: 19 November 2022; Ref: scu.276705

D v B and others: FD 14 Sep 2006

Court’s history of mistakes in handling of allegations of child abuse, now said to have been false.

Judges:

Stephen Wildblood QC

Citations:

[2006] EWHC 2987 (Fam), [2007] 1 FCR 369, [2007] 1 FLR 1295, [2007] Fam Law 122

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 19 November 2022; Ref: scu.279022

Re M (Children): CA 12 Sep 2007

Citations:

[2007] EWCA Civ 992

Links:

Bailii

Statutes:

Hague Convention on the Civil Aspects of International Child Abduction, Child Abduction and Custody Act 1985

Jurisdiction:

England and Wales

Citing:

Appeal from – MM v VM (Also VRM) FD 26-Jul-2007
. .

Cited by:

Appeal from – Re M and another (Children) (Abduction; Rights of Custody) HL 5-Dec-2007
Three children had been brought from Zimbabwe by their mother against the wishes of the father and in breach of his rights there. The mother appealed an order for their return.
Held: The mother’s appeal was allowed. The House had to consider . .
Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 19 November 2022; Ref: scu.261814

Re F (a Minor): CA 3 Apr 1998

The father sought to appeal against an interim order made in the course of his application to enforce contact.
Held: An appellate court would only look at an interim order in exceptional cases. Here the order was sensible and indeed weighted in favour of the father. There was no sufficient reason to allow intervention.

Citations:

[1998] EWCA Civ 632

Jurisdiction:

England and Wales

Children

Updated: 18 November 2022; Ref: scu.144110

In re A-H (Children): CA 30 Jan 2013

The father appealed against a finding of long-standing sexual abuse of his teenage daughter. There had been no remaining physical evidence of such abuse. The expert had failed to point to evidence that penetrative sex would usually leave such a trace.
Held: The expert’s report stood as a model of how such cases should be presented. The father’s case would not have been signifanctly assisted by the availablity of professional guidance, and he could in any event have brought that with him.

Judges:

Thorpe, Rafferty, Kitchen LJJ

Citations:

[2013] EWCA Civ 282

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 17 November 2022; Ref: scu.472627

In re G-C (A Child): CA 27 Feb 2013

The mother appealed against an order made for contact between her daughter and the father. The child suffered a serious allergic condition, and the other feared for her safety if staying contact was allowed.

Judges:

Thorpe, Sullivan, Davis LJJ

Citations:

[2013] EWCA Civ 301

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 17 November 2022; Ref: scu.472630

In re C (A Child): CA 24 Jan 2013

The mother had brought the child from Turkey without the father’s consent. A consent order was agreed that she should return the child, against undertakings from the father, but the mother failed to comply, changed solicitors, and now alleged violence by the father against her. The father now appealed against a finding that the consent order was faulty in that the mother’s consent was given against poor quality legal advice.
Held: The appeal succeeded: ‘on the simple basis that the mother was not entitled to release from the consent order unless she had made good the case upon which she relied. The judge could not possibly find that case made good without giving full consideration to Mr A’s response to the detailed assertions made against his conduct ‘

Judges:

Thorpe, Longmore, Leveson LJJ

Citations:

[2013] EWCA Civ 204

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 17 November 2022; Ref: scu.472628

Re GB (Children): CA 7 Feb 2013

Appeal against determination in care proceedings. Part way through the mother had sought an adjournment so as to instruct different lawyers, but this had been refused.

Judges:

Rix, Lloyd, McFarlane LJJ

Citations:

[2013] EWCA Civ 164

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In Re B and T (care proceedings: legal representation) CA 2001
Thorpe LJ said: ‘The assertion by Mr Miss Booth that art 6 obliged the judge to discontinue on either 12 June or, if not then, on 14 June, seems to me to be an unrealistic submission. In this jurisdiction the proceedings are not adversarial . .
Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 14 November 2022; Ref: scu.472107