Case Updates

August 2014 Case Law Update

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PRIVATE LAW   J (A Child) [2014] EWCA Civ 875   Appeal against findings in private law proceedings. Appeal allowed, findings overturned and no re-trial ordered. Comment provided on approach to vulnerable witnesses and right to fair trial.   The court was concerned with private law proceedings in respect of A,...

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July 2014 Case Law Update

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PUBLIC LAW   Re DE (A Child) [2014] EWFC 6   Appeal by parents against refusal of an injunction to prevent the immediate removal of their child where he had remained at home under a care order. Appeal allowed and matter remitted for a full hearing.   The LA has commenced...

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June 2014 Case Law Update

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PUBLIC LAW   N (A Child) (Adoption Order) [2014] EWFC 1491   Consideration of special guardianship orders against adoption orders particularly in light of Re B-S [2013] EWCA Civ 813.   Concerning a child, N, aged 5. N was born prematurely and spent the first seven months of her life in...

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May 2014 Case Law Update

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PUBLIC LAW   R (A Child) [2014] EWCA Civ 270   Appeal by a father against findings of fact. Observations by the Court of Appeal regarding the weight to be attached to flawed ABE interview and the threshold for dislodging findings of fact on appeal. The father appealed against findings...

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March 2014 Case Law Update

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PUBLIC LAW   Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam)   Appeal by a mother against the interim removal of her newborn baby. The mother had a long history of drug and alcohol abuse and the local authority had been involved with...

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February 2014 Case Law Update

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PUBLIC LAW   Surrey County Council v Al-Hilli & Others (4) [2012] EWHC 4394 (Fam)   Application by the police (opposed by the local authority and the guardian) to be joined as a party to care proceedings   The subject children’s parents were tragically murdered whilst on holiday in the French...

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January 2014 Case Law Update

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PUBLIC LAW   A Local Authority v DB & Others [2013] EWHC 4066 (Fam)   Fact finding hearing to consider whether a child died as a result of non-accidental injuries and if so, to consider who the perpetrator of the injuries was.   19 month old child was taken to hospital...

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December 2013 Case Law Update

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PUBLIC LAW   Re L (Leave to Oppose Making of Adoption Order) [2013] EWCA Civ 1481   Appeal by Mother against refusal of leave to oppose adoption order pursuant to s.47(5) Adoption and Children Act 2002. Final care and placement order were made in respect of child S and...

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