Cases Archive

Committal application arising in Schedule 1 proceedings arising from alleged failure of the Respondent to complete properly a Form E. Judge finds a wilful breach and sentences Respondent to 14 days’ imprisonment, suspended for a short period to allow one last opportunity to comply with the Order

The Court of Appeal provides definitive guidance on issues relating to the interface between ECHR Law, BIIa, the Vienna Convention and domestic adoption jurisprudence. The Latvian Ministry of Justice intervened in the appeal in opposition to the Local Authority and in support of the mother. The mother’s appeal was dismissed.  Christopher Miller represented the Local Authority.

Ronan O’Donovan, leading Ewan Murray, represented the Local Authority in this appeal, brought by a father against the making of a Care Order.  The appeal was dismissed and, in so doing, the Court of Appeal criticised the way in which the appeal was presented on behalf of the father.  The father had hitherto been a self-representing litigant but, when such a litigant secures the services of counsel, he or she should seek permission to serve a single, composite skeleton argument which incorporates all the submissions which counsel proposes to advance.  The detail of the submissions made at this appeal was not set out in writing, despite calls from the respondents to do so, and this had the effect of ambushing the Court and respondents

Consideration of jurisdiction to make public law orders in respect of a child. Cobb J found jurisdiction of necessity.

Application for reconsideration of order appointing two siblings as P’s deputies. Application refused and costs ordered against the Applicants.

Appeal by a mother against an order that her daughter be returned to Lithuania. Appeal dismissed.

Appeal against ICO; injunction under Human Rights Act 1998, to keep mother and child together, considered. Appeal dismissed.

David represented the prospective adopters in the sequel to the well known Supreme Court case, in which adoption was described as “the last resort” to be confined to cases where “nothing else will do”.