Supreme Court Press Summary – 26 November 2009 Background Local authorities owe a variety of duties towards children in need, who may include unaccompanied minors coming here to seek asylum. Such children may be entitled to accommodation and other help which is different from, and rather better than, the services available to adults. So disputes may arise about whether a young person is or is not a child. Today, the Supreme Court unanimously decided that it is ultimately for the courts ...
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Supreme Court Press Summary - 19 November 2009 Background to the appeal H is a three year old child whose parents separated before his birth. From the date of his birth until very recently, H has lived with his maternal grandmother, GB. H’s mother, GLB, lived with her mother and H intermittently at GB’s home from the time he was born until July 2006. She left GB’s home then and has not returned. In November 2006, GB was granted, by consent, a residence order in respect of H. ...
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The CA allowed the appeal of a local authority against the refusal of an ICO in circumstances where an ICO had been unopposed in relation to an elder half-sibling of the child KB. The CA held that the judge had seriously understated the harm to the elder child and minimised the risk to KB. The Judge had further not given reasons for departing from the guardian’s recommendation. The CA granted an ICO.
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The CA considered an appeal in relation to costs arising out of a former son in law’s intervention in ancillary relief proceedings. It had been ordered that the son in law pay the daughter’s costs in relation to these proceedings. These matters had previously been the subject of an appeal from a District Judge to a Circuit Judge. The CA considered the costs rules and held that the costs order had been properly made. The CA however highlighted an error by the Circuit Judge who had stated that per ...
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The CA granted a mother permission to appeal against a warning notice directed to her which had been attached to a Shared Residence Order. Enforcement proceedings had been commenced.
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The CA allowed Marco Pierre White’s appeal against the striking out of his claim against his Wife’s ancillary relief solicitors in relation to trespass and conversion of goods. The court considered the “Hildebrand rules” however, as, inter alia, part of the claim related to original documents and documents unrelated to financial matters including a letter from Mr White’s daughter the CA held that the claim should be allowed to proceed.
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The CA allowed a Mother’s appeal against a judge’s refusal of permission to instruct an expert to carry out an independent risk assessment where a fact finding hearing in care proceedings had not ruled her out as a perpetrator of non-accidental injuries. The CA held that in comments at the conclusion of the fact finding judgment and in case management directions the Judge had prejudged the ultimate outcome of the case which had influenced her decision in relation to the risk assessment. The CA a ...
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The CA allowed a Mother’s appeal against an order transferring residence of children to the Father. The CA emphasised that such orders were orders of last resort and that in the instant the trial judge was misled into regarding as assessment of the Mother’s true position as the crucial issue. The true issue was the risk of moving the children as against the risk of confirming them, but subject to a very clear contact order.
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The CA dismissed a Husband's appeal against the making of an occupation order removing him from a home which had been in his family for several generations in circumstances where no actual violence had been alleged by the wife. The CA held that the judge had been entitled to make the occupation order under s.33 (6) given that the separation of Husband and Wife was necessary and that the Husband had ready access to alternative accommodation. The Husband was said to have assets of about £10 millio ...
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Mr Justice Ryder adjourned the final hearing in a Father's application under Brussels II Revised. The Mother had not participated in the proceedings and had repeatedly sought to avoid service. The adjournment was expressed to be a final adjournment to enable the Mother to attend and provide welfare information. International Liaison judges and Central Authorities were to be asked to assist in effecting service on the Mother.
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