Cases Archive
LB v London Borough of Merton and Another [2013] EWCA Civ 476
Second appeal against a Placement Order made at the conclusion of care proceedings. Appeal dismissed.
Ighalo v The Solicitors Regulation Authority [2013] 157 (14) SJLB 31
Consideration of the issue of apparent bias and the circumstances in which a panel member should disclose potentially relevant interests.
Adams & Moore Ltd v Johnson & Others [2013] EWHC 1306 (QB)
Enforcement of restrictive covenants in a contract of employment.
Re C (Jurisdiction and Enforcement of Orders Relating to Child) [2012] EWHC 907 (Fam)
Moylan J considers the interaction of English public law proceedings and ‘trumping orders’ under Article 11(8) of the 1980 Hague Convention.
N v B v T&Y [2013] EWHC 820 (Fam)
Application by the maternal grandmother (N), for the adoption of her grandchildren (T and Y) aged 9, and 3. She originally applied for a residence order jointly with her husband, the maternal grandfather. However, they separated in February 2011 and he has played no role in the proceedings since. He was discharged as a party in February 2012. Application granted.
Re J (Care Proceedings: Possible Perpetrators) [2013] UKSC 9
The principal authority on unidentified perpetrator cases where the pool of possible perpetrators has subsequently separated.
H (A Child) [2013] EWCA Civ 72
The mother appealed against the decision of a circuit judge, following a fact-finding hearing, to relax the restrictions around the father’s contact to the child, such as to allow the father contact at his home. The mother asserted that the court at first instance had exercised its discretion wrongfully and prematurely. Delivering the lead judgment of the Court of Appeal, Black LJ held that the appeal could only succeed if it could be shown that there had been a wrong exercise of discretion. The mother had failed to demonstrate that the judge had erred or that the decision of the court at first instance was beyond the ambit of its discretion. Appeal unanimously dismissed.
Royal Borough of Greenwich v O [2013] 2 FLR 1449
Baby exchange scam in Nigeria. DNA test confirmed the parents were not the biological parents of the baby. Parents found to be innocent of any wrongdoing. Which future placement was in the best interests of the baby?