Cases Archive

The leading authority in respect of the reliability of hair strand testing for drugs and how the results of hair tests should be interpreted by practitioners.  Ronan O’Donovan appeared on behalf of Lextox, one of the laboratories intervening in ongoing care proceedings where the issue of the mother’s use of drugs was called into dispute by a trichologist.  Peter Jackson J held that the variability of findings from hair strand testing does not call into question the underlying science, but underlines the need to treat numerical data with proper caution.

The Local Authority had applied for a Secure Accommodation Order in respect of a 14-year-old boy.  This high-profile judgment, delivered in open court, attracted the attention of national media and focuses on the unavailability of placements for a child in secure accommodation.

Mrs Justice Roberts dismisses Wife’s attack of a trust owning shares in companies worth £50m

Joan Connell represented the Local Authority in the case: London Borough of Merton v SB & Ors [2017] EWFC B81.

Mark Twomey QC represented the Respondent Mother, who made a successful application for the transfer of care proceedings to Slovakia under the provisions of Article 15 of BIIR.

Court of Appeal dismisses proposed appellant’s application to set aside consent order made in financial remedy proceedings

Wife’s appeal in financial remedy proceedings in which she sought an anonymity order and argued that the law in this regard should change. Appeal refused

Mother’s appeal against an order for direct contact in the absence of a risk assessment when findings had been made of domestic violence. Appeal allowed, a risk assessment directed and remitted back for further consideration.

Moor J who heard the appeal criticised the judge for not having applied PD 12J or the relevant case law on contact when findings have been made of domestic violence. However, of equal significance in this case was the requirement in s.16A Children Act 1989 which requires a CAFCASS Officer to undertake a risk assessment for the benefit of the court if, carrying out his/her functions, the Officer suspects the child is at risk of harm. Cafcass recommended such a risk assessment however the judge refused the mother’s application for that assessment.

Placement of children in Scotland. Theis J confirmed that special guardianship orders are recognised and enforceable in Scotland. Theis J said that whilst automatically recognised as though they were made in the Scottish courts, to enforce a SGO, the SG should make a registration application to the court that made the SGO.