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AA (Unattended Children) Afghanistan CG: UTIAC 1 Feb 2012

UTIAC (1) The evidence before the Tribunal does not alter the position as described in HK and Others (minors – indiscriminate violence – forced recruitment by Taliban – contact with family members) Afghanistan CG [2010] UKUT 378 (IAC), namely that when considering the question of whether children are disproportionately affected by the consequences of the … Continue reading AA (Unattended Children) Afghanistan CG: UTIAC 1 Feb 2012

Retarded Childrens Aid Society v Day: CA 1978

Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not expressly mentioning some point or breach has overlooked it.’ It should not examine the tribunal … Continue reading Retarded Childrens Aid Society v Day: CA 1978

J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006

The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006

In re A and L (Children) (Judgment: Adequacy of Reasoning) (Practice Note): CA 27 Oct 2011

The mother appealed against a factual findings made in the course of care proceedings as to her involvement in sexual abuse of the children. Held: The court gave guidance as to the reconsideration of a court’s decision. Munby LJ said: ‘it is the responsibility of the advocate, whether or not invited to do so by … Continue reading In re A and L (Children) (Judgment: Adequacy of Reasoning) (Practice Note): CA 27 Oct 2011

In re H-K (Children): CA 10 Oct 2011

Judges: Ward, Longmore, Sullivan LJJ Citations: [2011] EWCA Civ 1100, [2011] Fam Law 1336, [2012] 1 FLR 436, [2012] FLR 436 Links: Bailii Statutes: Hague Convention on the Civil Aspects of International Child Abduction, 1980 Jurisdiction: England and Wales Cited by: Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child … Continue reading In re H-K (Children): CA 10 Oct 2011

In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011

TL, the mother appealed against refusal of her application by the appellant for a residential parenting assessment pursuant to section 38(6) of the Children Act 1989. Judges: Sir Nicholas Wall P, Moore-Bick, Black LJJ Citations: [2011] EWCA Civ 812 Links: Bailii Statutes: Children Act 1989 38(6) Jurisdiction: England and Wales Children Updated: 16 September 2022; … Continue reading In re S (A Child); TL v London Borough of Hammersmith and Fulham, ED, S (by a Children’s Guardian): CA 15 Jul 2011

Re M (Children): CA 1 Nov 2016

Appeal from an order granting permission for the respondent mother to relocate to Moscow with the two children of her marriage to the appellant Citations: [2016] EWCA Civ 1059, [2017] 2 FLR 562 Links: Bailii Jurisdiction: England and Wales Children Updated: 13 September 2022; Ref: scu.570646

Janet Allan, Relict of John Cameron, Late of Carntyne, and Her Children v Messrs Robertson and Others, Creditors of Richard Cameron, Now of Carntyne: HL 15 Dec 1781

Real or Personal – Provisions to Wife and Children.- Circumstances in which held, that these had not been made real burdens on the estate conveyed. Citations: [1781] UKHL 2 – Paton – 572, (1781) 2 Paton 572 Links: Bailii Jurisdiction: Scotland Land Updated: 13 September 2022; Ref: scu.562114

Laurence, William, Charles, Margaret, Charlotte, Thomas, Frances-Laura, George and Robert Dundases, Children of The Marriage Betwixt Sir Thomas Dundas of Kerse, Bart, and Lady Charlotte Fitzwilliam, His Wife v Sir Thomas Dundas of Kerse, Bart: HL 21 Jul 1783

Paton Revocation – Entail.- An entailer had reserved to himself power to alter and revoke the entail executed by him. He thereafter executed a will conveying the fee of his whole real estate in England and Scotland, according to the English form, and revoking all ‘former and other wills.’ Held that this latter deed was … Continue reading Laurence, William, Charles, Margaret, Charlotte, Thomas, Frances-Laura, George and Robert Dundases, Children of The Marriage Betwixt Sir Thomas Dundas of Kerse, Bart, and Lady Charlotte Fitzwilliam, His Wife v Sir Thomas Dundas of Kerse, Bart: HL 21 Jul 1783

Re H (Children): CA 17 Mar 2011

The father sought leave to appeal against an order allowing the mother to relocate to Canada taking the children of the family with her. Held: The appeal had no prospects of success. Judges: Mummery, Hughes, Black LJJ Citations: [2011] EWCA Civ 529 Links: Bailii Jurisdiction: England and Wales Children Updated: 12 September 2022; Ref: scu.439727

Re A (No 2) (Children: Findings of Fact): CA 14 Nov 2019

Appeal from act finding as to use of FGM against a child. Held: The decision was both wrong and procedurally unjust. The FGM finding was conjectural and unsupported by any real evidence. It had not been alleged, or even investigated, and therefore took the parties by surprise. It must be set aside, and as it … Continue reading Re A (No 2) (Children: Findings of Fact): CA 14 Nov 2019

Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009

The claimant challenged the scheme set out for procurement when making arrangements with a sponsor for establishing a school as an Academy school. . The main ground of challenge was that the procurement did not comply with the Public Contracts Regulations 2006. Held: Arden LJ dismissed that ground substantively. She went on, however, to consider … Continue reading Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009

Re W (Children): CA 22 Aug 2002

Father’s application for permission to appeal, with the appeal to follow if permission is granted, against specific issue orders in relation to the education of three children Citations: [2002] EWCA Civ 1411, [2002] 3 FCR 473 Links: Bailii Jurisdiction: England and Wales Children Updated: 07 September 2022; Ref: scu.217544

Guys and St Thomas Childrens NHS Foundationtrust and Another v Knight and Another: FD 8 Jan 2021

As to a severely ill child, the Hospital asked the court to exercise its inherent jurisdiction to declare that it is lawful and in her best interests that: a. She should not be provided with a tracheostomy. b. Mechanical ventilation should be withdrawn. c. There be clearly defined limits on the treatment provided to her … Continue reading Guys and St Thomas Childrens NHS Foundationtrust and Another v Knight and Another: FD 8 Jan 2021

Birmingham Womens and Childrens NHS Foundation Trust v JB and Another: FD 28 Aug 2020

Application brought by the NHS Trust relating to J. J is a 12-year-old young person who has acquired a severe brain injury. The application made by the Trust is for a declaration sanctioning the withdrawal of intensive care and effectively confirming the absence of any alternative procedures which might otherwise be thought to be in … Continue reading Birmingham Womens and Childrens NHS Foundation Trust v JB and Another: FD 28 Aug 2020

Re X (Children): CA 19 Aug 2022

Judges: Lord Justice Moylan Lord Justice Peter Jackson And Lord Justice William Davis Citations: [2022] EWCA Civ 1167 Links: Bailii Jurisdiction: England and Wales Children Updated: 07 September 2022; Ref: scu.680330

Re Bradford (a Child); Re O’Connell (Children): CA 25 Aug 2006

Without notice oral applications for permission to appeal made by litigants in person are not the stuff of which reserved judgments, law reports or publicity in the media are made. Judges: Wall LJ Citations: 2007] 1 FLR, [2006] EWCA Civ 1199 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Re W (Children), GW … Continue reading Re Bradford (a Child); Re O’Connell (Children): CA 25 Aug 2006

O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005

In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005