Cases by Area of Law


Re K (A Child: deceased) [2017] EWHC 1083 (Fam)

Barrister: Christopher Sharp QC
Area of Law:
 Family 
Summary:
Christopher Sharp QC, family law silk, appeared for the local authority in the recent case of Re K (A Child: deceased) [2017] EWHC 1083 (Fam) which reviews the case law on the powers of the court, and clarifies the extent of the inherent jurisdiction, in addressing the appropriate disposal of the body of a child.

Read the full case published on BAILII: Re K (A Child: deceased) [2017] EWHC 1083 (Fam)

Re S (A child) (Care Proceedings: Surrogacy) sub nom A Local Authority (Applicant) v (1) W (2) K (3) D (4) S (By Her Children’s Guardian) (Respondents) & A (Intervener) (2015) [2015] EWFC 99

Barrister: Abigail Bond

View full judgment: In the matter of the Children Act 1989 and in the matter of S (A Child) (Care proceedings; surrogacy)

Re M & L (Children)

[2016] EWHC 2535 (Fam) (14 October 2016)

Barrister: Lucy Reed 
Area of Law: Children
Summary:  A novel case concerning the power to submit a request to the court of another country to assume jurisdiction under Article 8, or for authorisation to exercise jurisdiction under Article 9, of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children. One sibling living in Norway with one parent, the other in the UK with the other. Proceedings in respect of one sibling issued in each jurisdiction.

The decision: The English court agreed to request that the Norwegian court should permit it to exercise jurisdiction in respect of the sibling living in Norway in order that proceedings for both siblings could be heard by the same court.

View judgment: Re M & L (Children) [2016] EWHC 2535 (Fam)

A Local Authority v X, Y & Z

[2016] EWFC B72 (02 September 2016)

Barrister: Lucy Reed 
Area of Law: Children
Summary:  Lucy acted for the children in this final hearing in care proceedings.

View judgment: A Local Authority v X, Y & Z [2016] EWFC B72

Y v S (2016)

Barrister: Graeme Harrison
Area of Law: Children
Summary: Graeme has successfully represented mother, a Chinese national, in the High Court on an application to remove a child permanently from this jurisdiction to the People’s Republic of China. Although there have been a small number of cases involving such removals, none has yet been reported.

View news article: Graeme Harrison secures permission for a Chinese mother to move to the PRC with her daughter

A and B (Findings against social worker) (Rev 1) [2016] EWFC 68 (11 July 2016)

A and B (Findings against social worker) (Rev 1) [2016] EWFC 68 (11 July 2016) 

Barrister: Kathryn Skellorn
Area of Law: Children 

Download judgment: Re A and B (findings against a social worker) [2016] EWFC 68

C (Children) [2016] EWCA Civ 374 (14 April 2016)

C (Children) [2016] EWCA Civ 374 (14 April 2016)

Barrister: Kathryn Skellorn
Area of Law: Children 

Download judgment: C (Children) [2016] EWCA Civ 374

A and B (Findings against a social worker)

A and B (Children) [2016] EWFC B115 (1 April 2016)
Connected appeal: A and B (Findings against a social worker) (Rev 1) [2016] EWFC 68 (11 July 2016) 

Barrister: Lucy Reed 
Area of Law: Children
Summary: Lucy acted for the mother in care proceedings, securing findings of dishonesty against a social worker following the discovery of discrepancies in social work records. The social worker sought permission to appeal against the findings, but permission was refused by Baker J following an inter partes hearing. The case concluded with no orders being made.

View judgment: A and B (Children) [2016] EWFC B115
View judgment: A and B (Findings against a social worker) (Rev 1) [2016] EWFC 68  

Gloucestershire County Council v M & C

(Rev 1) [2015] EWFC B147 / [2016] EWFC B4

Barrister: Lucy Reed 
Area of Law: Children
Summary:  Lucy acted for vulnerable mother in on-going care proceedings, commenced a year after removal of her child under s20. Case involves Human Rights Act damages claim arising from delay in issue and alleged unlawful retention of child following withdrawal of consent to accommodation. In the first judgment, the Local Authority was subject to significant criticism when the final hearing had to be adjourned due to incomplete assessments. The second judgment deals with the final decisions that were made for the child following completion of assessments.

View judgment: Gloucestershire County Council v M & C

Re D (A Child) (No 3)

[2016] EWFC 1

Barrister: Kambiz Moradifar
Area of Law: Children
Summary: Kambiz represented the child in this complex case involving parents with learning disabilities. The Local Authority applied to place the child for adoption, and the father applied to discharge the care order. The matter was complex due to the needs of the family, and lack of legal aid at the early stages. The Court has given guidance in a number of very important issues.

View full judgment: Re D (A Child) (No 3) [2016] EWFC 1


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