Cases Archive

Appeal of a decision on judicial review that the accommodation being provided by the local authority to a child with severe autism and severe ADHD was a Statement of Special Educational Needs under the Education Act 1996 and not pursuant to s.20, Children Act 1989. Appeal allowed.

The Court considered whether an occupation order amounted to a maintenance order and the court was thus prohibited from making one under Brussels IIR.

Care proceedings — Fact-finding hearing — Whether necessary for risk assessment purposes — Extent to which risk assessment could be undertaken in relation to ‘uncertain perpetrator’.

Case where the Art 13(b) defence was raised in relation to a Hague Convention return order. Unusually, evidence was heard at length and the court made findings in respect of serious and sustained domestic abuse, including sexual violence. Consideration of the ECJ decision of Neulinger in respect of Art 13(b) and compliance with Art 8 HRA 1998.

Care proceedings — Expert evidence — Alcohol abuse — Validity of hair testing to establish consumption below excessive consumption — Presentation of chemical analysis results

A contested trusts of land case involving questions of sham transfers and illegality and a former MP.

Unsuccessful appeal by Local Authority from Recorder’s order refusing interim care orders in relation to the two youngest (of four) children where the Recorder had granted interim care orders in relation to the older children.

Appeal in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.