Category: Children

Sutton London Borough Council v Davis: FD 17 Mar 1994

Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered.

Gazette 18-May-1994, Independent 17-Mar-1994, Times 17-Mar-1994
Children Act 1989 77(6)
England and Wales
Citing:
See Also – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by . .

Cited by:
See Also – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by . .

Lists of cited by and citing cases may be incomplete.

Children, Local Government

Updated: 22 December 2021; Ref: scu.89632

Cumbria County Council v M and F: FD 28 Jul 2014

The baby P had died. Criminal proceedings against a parent were awaited, but the court considered now an application to disclose the result of the fact finding proceedings. There was a report critical as to the management of the family involved by the authorities. The local authority sought restriction of publication.
Held: Pater Jackson J said: ‘In this case the balance falls in favour of disclosure of the fact-finding judgment, but not the Schedule of Failings, to identified legal advisers to the media for an identified purpose and subject to strict controls. My reasons are as follows:
(1) The media lawyers need to know the nature of the court’s findings to allow them to consider the justification for the continuing reporting restrictions on an informed basis.
(2) This is particularly so in the case where the conduct of public agencies is under scrutiny.
(3) I do not anticipate any harm or unfairness coming to the parties to the proceedings or to any agencies as a result of this limited, controlled disclosure. The conditions I shall impose will effectively prevent any leaking of the information beyond legal advisers.
(4) This can reassure family members and eliminate any risk of prejudice to other proceedings.
(5) Delaying a decision until these proceedings are concluded will achieve nothing, and would create expense and delay while the media was put in the picture at that point.
(6) The Schedule of Failings is a detailed document from a single source, the Children’s Guardian. It is not necessary or appropriate for this to be disclosed to the media at this time. All the necessary information is in the judgment.’ Restrictions wer set out as to the way the material could be used, an in particular that it was to be available to the legal advisers only.

Peter Jackson J
[2014] EWHC 2596 (Fam)
Bailii

Children, Media, Local Government

Updated: 21 December 2021; Ref: scu.537198

O v O: FD 21 Aug 2013

(Child Abduction: Return to Third Country)

Keehan J
[2013] EWHC 2970 (Fam), [2014] Fam 87, [2014] 2 WLR 1213, [2014] 1 FLR 1406,
Bailii
England and Wales
Citing:
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Cited by:
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 21 December 2021; Ref: scu.516464

In re R (A Child): CA 22 May 2009

[2009] EWCA Civ 445, [2009] 2 FCR 572, [2009] Fam Law 671, [2010] 1 FLR 509
Bailii
England and Wales
Citing:
Cited – Bellenden (formerly Satterthwaite) v Satterthwaite CA 1948
The court considered the role of the appeal court in assessing an order for maintenance payable for a divorced wife. The judge’s decision had been made by an exercise of his discretion.
Held: Asquith LJ said: ‘It is, of course, not enough for . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 21 December 2021; Ref: scu.346306

MG v AR: FD 16 Nov 2021

Family Case: Costs Security depends on Case Merits

Application for security for costs in family cases.
Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by considering the merits that a view can be taken of the likelihood of an award of costs in favour of the respondent. This is because the default regime in family cases is no order as to costs. This is so whether the claim is about children or about financial remedies.

Mr Justice Mostyn
[2021] EWHC 3063 (Fam), [2021] 4 WLR 146
Bailii
Family Proceedings Rules 20.6 20.7
England and Wales
Citing:
Cited – Pray And Others v Edie 29-May-1786
The lessor of the plaintiff in an action of ejectment, being resident abroad, was required to give security for costs. . .
Cited – Greenwich Ltd v National Westminster Bank Plc and Others ChD 13-Apr-1999
It is permissible for a court to order security for costs to be paid against a plaintiff limited company incorporated out of the jurisdiction, provided it appeared just to do so. There is no need to satisfy the apparent requirements of the Companies . .
Cited – Aoun v Bahri and Another ComC 6-Feb-2002
Application for security for costs against the claimant. . .
Cited – Infinity Distribution Ltd v The Khan Partnership Llp CA 20-Apr-2021
Appeal raising a question on the form of security for costs to be provided where the Court is satisfied that it is an appropriate case to order security.
Held: The gateway conditions for an order for security of costs are matters of fact, not . .
Cited – Ackerman v Ackerman and Others ChD 12-Aug-2011
The parties disputed the division of assets within a group of companies. . .
Cited – Porzelack KG v Porzelack (UK) Ltd 1987
When considering an application for security for costs against a litigant resident in the EU, the courts must allow for the new additional scope for enforcement of any judgment under the 1982 Act. In this case, an order for security for costs . .
Cited – Re S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
Cited – Autoweld Systems Ltd v Kito Enterprises Llc CA 17-Dec-2010
In the civil sphere a claim for security for costs is invariably made in a costs-follow-the-event regime. Black LJ stated: ‘it must be borne in mind that the design of the rules is to protect a defendant (or a claimant placed in a similar position . .
Cited – Keary Developments v Tarmac Constructions CA 1995
The court set out the principles to be applied by the court upon an application for security for costs.
1. The court has a complete discretion whether to order security, and accordingly it will act in the light of all the relevant . .
Cited – TL v ML and others FD 9-Dec-2005
. .
Cited – Chernukhin and Others v Danilina CA 30-Jul-2018
Unusual appeal concerning the quantum of security for costs ordered. . .
Cited – Bestfort Developments Llp and Others v Ras Al Khaimah Investment Authority and Others CA 8-Nov-2016
Whether threshold conditions met for grant of order for security for costs. . .
Cited – SS v MCP (No 2) FD 3-Nov-2021
Children – Custody rights – Jurisdiction – Allegation that mother wrongfully removing child born in England to India
As to an application for security for costs, ‘It is clear from the judgment of Moylan LJ in Re M that the burden of surmounting . .
Cited – Radu v Houston and Another CA 30-Oct-2006
Waller LJ doubted whether it was appropriate to make an order in the unless form. An order for security is intended to give a claimant a choice as to whether they put up security and continue with their action or withdraw the claim. That choice is . .
Cited – Sir Lindsay Parkinson and Co Ltd v Triplan Ltd CA 1973
The court exercises a full discretion when ordering security for costs.
Where a plaintiff who is ordinarily resident out of jurisdiction has no assets within it, he or she may still yet convince the court against ordering security for costs if . .
Cited – SZ v Birmingham City Council and Others FC 2-Mar-2021
Father’s application for contact with his children B, now aged 16 and S (known as K) aged 14. Both children are in the care of a local authority. B lives with the second respondent, the mother. K lives in a care home, but regularly visits his mother . .
Cited – Rubin v Rubin FD 10-Mar-2014
The court heard an application by the wife for a legal services payment order. . .
Cited – In re C (Children) (Family Proceedings: Case Management) CA 12-Oct-2012
The court has a general power summarily to dismiss a meritless claim for security for costs in a family case. . .
Cited – TL v ML and others FD 9-Dec-2005
. .

Lists of cited by and citing cases may be incomplete.

Children, Costs

Updated: 21 December 2021; Ref: scu.669924

University Hospitals Bristol and Weston NHS Foundation Trust v Godfrey and Another: FD 29 Jan 2021

Application, pursuant to the inherent jurisdictional powers of the High Court for a declaration that it is lawful and in Danny’s best interests to discontinue mechanical ventilation. The likely consequence of this will be to bring Danny’s life to an end.

The Honourable Mr Justice Hayden
[2021] EWHC 163 (Fam)
Bailii
England and Wales

Children, Health

Updated: 21 December 2021; Ref: scu.657655

C v Balham Youth Court: Admn 22 May 2003

The court discussed sentencing practice on very young offenders: ‘The fact than an offender . . does not qualify for a detention and training order because he is only 14 and not a persistent offender is not an exceptional circumstance to justify passing a sentence of less than two years under section 91 of the 2000 Act.’ The relevant question was whether it was such a serious case that detention above two years would or might realistically be required. Two 14 year olds attempted to rob another 14 year old and no weapons were used, although one was threatened. The court found it inappropriate to think in terms of two years or more.

Scott Baker LJ
[2003] EWHC 1332 (Admin)
Bailii
England and Wales
Cited by:
Cited – Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court QBD 23-Jul-2004
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14.
Held: A child convicted of an offence for which an adult would . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Children

Updated: 20 December 2021; Ref: scu.185329

Q v Q etc: FC 6 Aug 2014

Three cases raised the issue that in private law proceedings, fathers sought contact with their children despite reasons including convictions for sexual abuse of children. None had been able to secure legal aid, and the court faced them having to conduct such cases in person and without the court having benefit of expert opinion.

Sir James Munby P FD
[2014] EWFC 31, [2014] WLR(D) 372
Bailii, WLRD

Children

Updated: 18 December 2021; Ref: scu.535603

MD v AA and Another: FD 31 Jul 2014

M appealed against English orders recognising and registering a decision of the Bucharest Court of Appeal ordered that the custody of D who had lived with his mother in England since the age of eight weeks, should be transferred to his father in Romania. The order was registered for enforcement here.
Held: Recognition of the Romanian order would be refused. The order had been made without the child having an opportunity to be heard as to his wishes, and M had herself not been served with notice of the proceedings in any way which would have allowed her to have taken part to resist F’s application

Peter Jackson J
[2014] EWHC 2756 (Fam), [2015] 1 FLR 1272
Bailii
Council Regulation (EC) No. 2201/2003 (Brussels II Revised Regulation 2003)
England and Wales
Cited by:
Appeal from – D (A Child) (International Recognition) CA 27-Jan-2016
M and F disputed the return of their child D to Romania. F had obtained there an order for custody, and now appealed from refusal of the court here to recognise that order and enforce it. The judge had found that the proceedings in Romania had . .
At first instance – In re D (A Child) SC 22-Jun-2016
F had obtained an order in Romania for the custody of D. F obtained orders initially for the registration and enforcement of that order, but the High Court reversed that saying that neither the child nor his mother had been given adeuate opportunity . .

Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 18 December 2021; Ref: scu.535493

M v B: FD 24 Jul 2014

Application by the mother of a boy, now aged about nine and a half, for permission to remove him from living here in England to live long term with her in Abu Dhabi within the United Arab Emirates.

Holman J
[2014] EWHC 2686 (Fam)
Bailii
England and Wales

Children

Updated: 18 December 2021; Ref: scu.535492

In Re S (Minors) (Convention On the Civil Aspects of International Child Abduction): FD 21 Jul 1993

(Child Abduction: Wrongful Retention) A failure by a parent to return a child to his country of residence can constitute a wrongful retention under the Convention. Where both parents have equal status in relation to the child, one parent can not unilaterally change the habitual residence of a child.

Wall J
Times 21-Jul-1993, [1994] Fam 70
Child Abduction Act 1980
England and Wales
Cited by:
Cited – Re KL (A Child) SC 4-Dec-2013
How should the courts of this country react when a child is brought here pursuant to an order made abroad in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction which is later over-turned on appeal? K was a . .
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 18 December 2021; Ref: scu.82183

In re W (Children): FD 25 Jul 2014

Sir James Munby P
[2014] EWFC 22
Bailii
Citing:
Cited – Hadkinson v Hadkinson CA 1952
The courts adopt an approach similar to that of the United States courts where there has been a significant contempt on the part of a party to litigation. Denning LJ said: ‘Those cases seem to me to point the way to the modern rule. It is a strong . .
Cited – In re S (A Child) (Family Division: Without Notice Orders) FD 2001
Munby J considered the the duty of full and frank disclosure which exists on those who seek to use a without notice procedure within Children proceedings. Generally, when granting ex parte injunctive relief in the Family Division, the court will . .
Cited – Isaacs v Robertson PC 13-Jun-1984
(St Vincent and The Grenadines) Where the point at issue before the Board was as to a point of procedure with no direct comparable provision in UK law, the Board of the Privy Council should be reluctant to depart from the interpretation set down by . .
Cited – Re W (A Child) (A Child) (Adoption Order: Leave to Oppose) CA 16-Oct-2013
Sir James Munby discussed the lamentable failure by a local authority to comply with an order of the court: ‘That the parents and their representatives should have been put in this position is quite deplorable. It is, unhappily, symptomatic of a . .
Cited – Re W (A Child) (A Child) (Adoption Order: Leave to Oppose) CA 16-Oct-2013
Sir James Munby discussed the lamentable failure by a local authority to comply with an order of the court: ‘That the parents and their representatives should have been put in this position is quite deplorable. It is, unhappily, symptomatic of a . .
Cited – A Local Authority v DG and Others FD 24-Jan-2014
Keehan J condemned ‘the wholesale failure of the parties’ in these care proceedings to comply with case management directions which had been given on a number of occasions over the previous four months, and said: ‘The conduct of the parties in this . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 18 December 2021; Ref: scu.535415

AL v DA: FD 9 Jul 2014

The English father and French mother of a boy now aged 11 were unmarried. The boy had, fisrt under a French court order, and latterly under an English order lived with his father in in Southern England, with substantial time in France with his mother. The mother now said that the boy properly wanted to live with her.

Holman J
[2014] EWHC 2632 (Fam)
Bailii

Children

Updated: 18 December 2021; Ref: scu.535395

P v D and Others: FD 24 Jul 2014

‘These proceedings concern a family of Turkish/Cypriot origin that has been broken apart as a result of allegations of extreme violence perpetrated by the father. Following the allegations in 2010, the mother and the three children of the family, all girls hereafter referred to as X, Y and Z, then aged respectively 17, 14 and 8 and now aged 20, 17 and 11, went into hiding and moved to a succession of locations across the country in an effort to avoid being found by the father. On more than one occasion, the family moved again at very short notice when it emerged, or was feared, that their location had been discovered. Family proceedings were started in which the mother sought injunctions and orders limiting contact between the children and the father, and also the extent to which the father can exercise parental responsibility.’

Baker J
[2014] EWHC 2355 (Fam)
Bailii
Children Act 1989, Family Law Act 1986, Senior Courts Act 1981
England and Wales

Children

Updated: 18 December 2021; Ref: scu.535397

A Father v SBC and Others: CCF 23 May 2014

Baker J
[2014] EWFC 6
Bailii
England and Wales
Cited by:
Cited – In re D (a Child) FD 31-Oct-2014
The two parents sought to challenge a decision that their child should be taken into care. Each parent had learning difficulties, but their income though small precluded the grant of legal aid. They wished to appeal against final care orders, but . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 17 December 2021; Ref: scu.535213

Re K (A Child): CA 15 Jul 2014

Appeals by a father against orders made in wardship proceedings concerning M, a young boy who was born on 5 July 2012 and is currently in Singapore where he is being cared for by his paternal grandparents. The trial judge had made it plain to a recalcitrant father that, if he did not take action against the child’s grandparents in Singapore for the return of the child to the UK, he would be likely to be imprisoned for a lengthy term. He took no such action and she declined to recuse herself from the subsequent committal hearing.
Held: Kitchin LJ criticised the judge’s very short judgment. She had not make clear that, despite her earlier observations and comments, she had not pre-judged the question whether the father was in deliberate breach of her orders and should be sentenced to a substantial term of imprisonment. There was therefore an appearance of bias or, at any rate, pre-judgment.

Maurice Jay, McFarlane, Kitchin LJJ
[2014] EWCA Civ 905
Bailii
England and Wales
Cited by:
Cited – Otkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .
Cited – Otkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .

Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 17 December 2021; Ref: scu.534296

Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea: Admn 31 Aug 2001

A school wrote a letter to a child’s parents saying that he would be permanently excluded after verbal violence against a teacher. This was said to have followed earlier serious and repeated problems of indiscipline. His appeal was successful, and he was returned to the class The teachers proposed a strike. The head teacher wrote to say that he could not guarantee the child’s health and safety at school. The Act only allows exclusion on disciplinary grounds. The reference to health and safety, and the implicit threat amounted to an unlawful exclusion.

Mr Justice Hooper
[2001] EWHC Admin 721, [2002] ELR 244
Bailii
School Standards and Framework Act 1998 64(4)
England and Wales
Cited by:
Cited – Begum, Regina (on the Application of) v Denbigh High School Admn 15-Jun-2004
A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs.
Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem . .

Lists of cited by and citing cases may be incomplete.

Education, Children, Health and Safety

Updated: 16 December 2021; Ref: scu.166589

In re L (A Child): CA 22 Mar 2016

U appealed from conviction and sentence of six months for contempt of court. The court used its inherent jurisdiction
Vos LJ said: ‘The process of committal for contempt is a highly technical one as this case shows. But it is highly technical for a very good reason, namely the importance of protecting the rights of those charged with a contempt of court. In cases of an alleged breach of a previous court order, persons should not be at risk of being sent to prison for contempt of court unless (i) they have been served, or otherwise made fully and properly aware in accordance with the rules, of the order they are said to have breached before the alleged breach occurs, (ii) the fact that they have been served or so made aware is established before the committing court, (iii) they have been informed before the hearing of the precise details of the breach that they are alleged to have committed, (iv) they have been informed of their right to remain silent before they give evidence, if they choose to do so, and (v) the allegation of contempt is proved to the criminal standard. The principles as to the need for service have always been axiomatic in civil proceedings where injunctions are frequently made against defendants in their absence. It can be no different in family proceedings.’

Sir James Munby, President of the Family Division
[2016] EWCA Civ 173, [2017] 1 FLR 1135, [2016] Fam Law 668
Bailii
England and Wales
Cited by:
Cited – Re M (A Child) (Contempt Procedure) CA 3-Sep-2019
Failures in Applying Contempt Procedures
The appellant challenged the finding that he had been in contempt of court. Working as a paralegal in the case he was said to have disclosed to the Immigration Tribunal, documents from family proceedings without the Family Court’s required consent. . .

Lists of cited by and citing cases may be incomplete.

Children, Contempt of Court

Updated: 16 December 2021; Ref: scu.561212

VK and AK v CC: CANI 19 Feb 2014

The child had been removed to NI by his mother. She had left him as a baby with her parents in Latvia, and they had cared for him under an informal arrangement for several years. M had taken the boy from the street in Latvia. The grandparents sought a declaration that Karl was being wrongfully retained in Northern Ireland in breach of their rights of custody and an order that he be returned forthwith. It was refused, they said in the face of dicisions whch said that their rights of custody should be respected, and now appealed against rejection of the order.
Held: The appeal failed. The court declined to follow the English case law, on the ground that it was inconsistent with two House of Lords decisions on the Convention and with one decision in the Court of Justice of the European Union on the Regulation.

Morgan LCJ, Higgins LJ and Coghlin LJ
[2014] NICA 15
Bailii
Child Abduction and Custody Act 1985
Citing:
Cited – In Re B (A Minor)(Child Abduction: Consent) CA 9-May-1994
A six year old boy, had lived in Western Australia all his life. Shortly prior to his removal from Australia, the mother had left Australia to live in Wales. The maternal grandmother asked the father for permission to take the child to Wales to . .

Cited by:
Appeal from – In re K (A Child) SC 15-Mar-2014
Rights of Custody under Convention
The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Children

Updated: 16 December 2021; Ref: scu.534058

In Re T (A Minor) (Wardship: Medical Treatment): CA 24 Oct 1996

A baby boy who was 18 months old, suffered from a life-threatening liver defect. His parents were health-care professionals experienced in the care of sick children. The unanimous medical view was that as soon as donor liver became available the baby should undergo surgery. The prospects of success were good whilst without transplantation the expectation of life was just over 2 weeks. The baby at the age of 3 weeks had undergone surgery which had caused much pain and distress and been unsuccessful. The parents refused to consider a liver transplant but this was ordered.
Held: A loving parents’ decision not to treat a child who suffered from a life threatening disease stood, and was not to be interfered with as their assessment of what was in the child’s best interests. The court must consider the paramount welfare of the child and not whether the parents might be unreasonable. There was a presumption in favour of prolonging life, but that was not the sole objective and to require that at the expense of other considerations might not be in a child’s best interests. The facts were unusual. This case involved a devoted caring mother who was well informed with major invasive surgery. It was not in the best interests of the child to order a course of treatment with which she did not agree and the child’s welfare required that future treatment be left for the parents to decide.
Butler-Sloss LJ discussed the existing case law and said: ‘All these cases depend on their own facts and render generalisations – tempting though they may be to the legal or social analyst – wholly out of place. It can only be said safely that there is a scale, at one end of which lies the clear case where parental opposition to medical intervention is prompted by scruple or dogma of a kind which is patently irreconcilable with principles of child health and welfare widely accepted by the generality of mankind; and that at the other end lie highly problematic cases where there is genuine scope for a difference of view between parent and judge. In both situations it is the duty of the judge to allow the court’s own opinion to prevail in the perceived paramount interests of the child concerned, but in cases at the latter end of the scale, there must be a likelihood (though never of course a certainty) that the greater the scope for genuine debate between one view and another the stronger will be the inclination of the court to be influenced by a reflection that in the last analysis the best interests of every child include an expectation that difficult decisions affecting the length and quality of its life will be taken for it by the parent to whom its care has been entrusted by nature.’ Butler Sloss: ‘The first argument of Mr Francis that the court should not interfere with the reasonable decision of a parent is not one that we are able to entertain even if we wish to do so. His suggestion that the decision of this mother came within that band of reasonable decisions within which a court would not interfere would import into this jurisdiction the test applied in adoption to the refusal of a parent to consent to adoption. It is wholly inapposite to the welfare test and is incompatible with the decision in In Re Z.’

Waite LJ, Butler-Sloss LJ, Roch LJ
Times 28-Oct-1996, Gazette 13-Nov-1996, [1997] 1 FLR 502, [1997] 1 WLR 242, [1997] 8 Med LR 166, (1997) 35 BMLR 63, [1997] 1 All ER 906, [1997] 2 FCR 363
Bailii
England and Wales
Citing:
Cited – Camden London Borough Council v R (A Minor) (Blood Transfusion); in Re R (A Minor)(Blood Transfusion) FD 8-Jun-1993
Child A’s doctors considered that she would need treatment over the following two years and that this could involve the need for blood transfusions at any time. The parents were Jehovah’s Witnesses and refused consent.
Held: The order allowing . .
Cited – Re O (A minor) (Medical Treatment) FD 12-Apr-1993
The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as . .

Cited by:
Cited – A and D v B and E FD 13-Jun-2003
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – B (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
Approved – LA v SB and Others CA 12-Jul-2010
The local authority had applied for a care order under the court’s inherent wardship jurisdiction in connection with a family where three children suffered a potentially life threatening disease, Rasmussens’s encephalitis. The parents were said to . .

Lists of cited by and citing cases may be incomplete.

Children, Health

Leading Case

Updated: 15 December 2021; Ref: scu.82224

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 said that ‘Similarly, it has been held that an agreement between a minor and a publisher for the publication of the minor’s biography which was to be written by a ‘ghost writer’, was binding on the minor.’

[1935] 1 KB 110
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 . .
Cited – Fisher v Brooker and Others HL 30-Jul-2009
The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future . .

Lists of cited by and citing cases may be incomplete.

Contract, Children

Updated: 15 December 2021; Ref: scu.246036

A Local Authority v A Mother and Others: FD 3 Jul 2009

The court considered the limiting of disclosure of evidence in care proceedings where this was thought necessary to protect the safety of witnesses.

Hedley J
[2009] EWHC 1574 (Fam), [2010] 1 FLR 545, [2009] Fam Law 926
Bailii
England and Wales
Cited by:
Cited – Chief Constable and Another v YK and Others FD 6-Oct-2010
cc_ykFD10
The court gave directions in Forced Marriage Protection order applications. An order had been made at the request of the police on behalf of A, and the court had declined to discharge it on A’s own application.
Held: Special advocates were not . .

Lists of cited by and citing cases may be incomplete.

Children, Litigation Practice

Updated: 13 December 2021; Ref: scu.349066

In re X Children: FD 13 Feb 2008

(Disclosure for Purposes of Criminal Proceedings) Second judgment discussing disclosure issues which had arisen in the context of care proceedings in respect of four children.
A party may have the right to refuse to answer questions which might incriminate him, but not a right not to go into the witness box and be sworn. This is distinct from the situation in a complaint of contempt.

Munby J
[2008] EWHC 242 (Fam), [2008] 3 All ER 958, [2008] 2 FLR 944, [2008] 3 FCR 23, [2008] Fam Law 725
Bailii
England and Wales

Children

Updated: 13 December 2021; Ref: scu.267143