Cases Archive

25th Feb 2021 | Bailii

AB v CD [2021] EWHC 375 (Fam)

Application for summary return to Italy under the Hague Convention. Christopher secured the summary return of the child to the jurisdiction. The Court gave guidance as to the applicability of Article 11(4) of B(II)R in cases which had commenced prior to the end, but concluded after the end, of the UK/EU withdrawal transition period.

11th Mar 2021

Z (A Child) [2021] EWHC 559 (Fam)

Second judgment in the High Court whereby Judd J recognised the improvements, but then decline, the subject child made in their bespoke residential placement. The Court made a Care Order and authorised a further package of measures constituting a deprivation of the child’s liberty in light of recent difficulties

30th Jul 2020 | Bailii

KN (A Child) (Art 15 Transfer) [2020] EWCA Civ 1002

David’s successful appeal against a decision, of the Court’s own motion, by HHJ Wright at the CFC to transfer care proceedings to France under Brussels IIA, Article 15. He represented the Mother, who opposed the transfer. The Court of Appeal agreed with David, for a range of reasons, that the French Court was not better placed to hear the case and the transfer would not be in the best interests of the 13 year old boy, who was the subject of the proceedings. The Court also allowed the appeal on the basis that the Court below had not given sufficient notice to the parties it was contemplating the transfer, as required by FPR 12.64. In addition, the Court of Appeal gave important guidance on the proper use of Articles 55 and 56 of Brussels IIA.

10th Jul 2020

Z (A Child) (DOLS: Lack of Secure Placement) [2020] EWHC 1827 (Fam)

The High Court considered the Local Authority’s application for an order authorising the deprivation of a young person’s liberty, noting the lack of appropriate secure placements at a time of social emergency during the Covid-19 Pandemic. Chris acted for the father, who – together with the mother – sought to discharge the ICO and have the young person returned to the parents’ care. Judd J, noting the parents’ anguish, nevertheless concluded that the young person’s safety required that they be made subject to a DOL order

19th Nov 2019 | Bailii

2nd Apr 2020 | Bailii

N (A Local Authority) v RK & Others [2020] EWFC 25

In a ‘remote’ final hearing of care proceedings, Mostyn J approved the Local Authority’s care plan for the child, EK, to be made subject to Care and Placement Orders. David Sharp represented the child, through his Children’s Guardian. For Eleanor Clotworthy‘s article on the procedural issues raised by conducting the hearing remotely by Skype for Business, published online by “It’s a Lawyer’s Life”, please click here

This was the first full tirla of care proceedings by Skype.

23rd Jan 2020 | Bailii

Hertfordshire County Council v AK and another [2020] EWHC 139 (Fam)

Deprivation of liberty orders should only be made if a child’s current circumstances justify the making of one. They should not be made on a contingent or anticipatory basis for such unspecified time when a child’s circumstances deteriorate.

9th May 2019

A Local Authority v A Mother & Others [2019] EWCA Civ 799

Robin Powell, representing the Local Authority, successfully appealed against a finding made by the Judge at first instance that four rib fractures suffered by a baby were sustained accidentally by overlying while co-sleeping with her mother. The Court of Appeal allowed the appeal and remitted the case for rehearing. To read a full case summary, please click here