The CA allowed a Father's appeal against an order made in the High Court limiting the disclosure to be made to him within Care Proceedings. The Mother had applied to adduce a psychiatric report but had sought to disclose this only to the court and other parties. Limited disclosure of certain passages only had been ordered in the High Court. The CA ordered the whole report to be disclosed.
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The CA allowed a Mother's appeal against an order under the Hague Convention that 2 children be summarily returned to Australia. Notwithstanding the Mother's effective admission that she had 'strung' the father along and caused him to believe that she would return with the children the CA held that the Judge had misdirected themselves in respect of the children's habitual residence.
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Elizabeth Watson having taken legal advice in respect of the above judgments applied to purge her contempt and her sentence of nine months was suspended (on terms of no further breach) for a period of two years allowing her to be immediately released. The judgment in Harris v Harris was then drawn to the Court's attention which is authority for the proposition that the court had no power to impose a suspended sentence on an application to purge contempt. Ms Watson was therefore freed without con ...
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In relation to the same events as in the above case the President found Elizabeth Watson to be in contempt of court for breaching the reporting restrictions order imposed by Baker J and sentenced her to 9 months imprisonment.
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The Court gave judgment in open court attaching an 'information document' in order to allow a Local Authority, Father and Guardian to disclose information relating to proceedings to set the record straight in a situation where the Mother with the assistance of Elizabeth Watson had disseminated deliberately misleading and incorrect information as to the reasons that her daughter was now in the long term care of her Father with no contact to herself. The Mother alleged that the Father was a pedoph ...
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The Court of Protection considered issues of borderline capacity within the context of Forced Marriage Protection Orders.
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The court considered Art. 8 and applied a purposive construction to statute in an application for a parental order pursuant to s.54 Human Fertilisation and Embryology Act 2008 in a situation where a surrogacy arrangement had been entered into by a husband and wife and the husband has died after the application for a s.54 order but before the hearing. The child had been joined as a party and parental orders were made.
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This case is interesting for its use of the dicta in Miller in an Inheritance Act context. The CA upheld a first instance judgment conferring on a widow the right to occupy the home for life and half the proceeds of sale (the other half being held by her step son), the whole of the residuary estate and the agreement of the step son to pay half the insurance and the structural repairs of the property in substitution for the sum of £8,000 and the right to occupy the former matrimonial home left t ...
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The CA dismissed a mother's appeal against the refusal of a residential assessment under s.38(6). The CA considered recent case law in respect of the fairness of proceedings and the Public Law Outline in coming to the decision that the Judge's decision had been well within her discretion.
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The CA struck out a paragraph within a preamble providing that no fact finding hearing in relation to the maternity of a 15 year old child subject to care proceedings as she refused a DNA test. The CA struck out the paragraph as the issue needed to be addressed but made it clear that it would not require a fact finding hearing for a clear inference to be drawn. The CA further noted that the county court would not be bound by the findings of the Immigration Tribunal in respect of maternity.
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