Wednesday, February 13, 2013

Slew of cases reported on Bailii


There has been a slew of cases published on Bailii this afternoon, which I thought was worthy of comment.

Apart from H (A Child), mentioned in the post below, and one (or was it two?) cases already reported elsewhere, the new cases are:

  • G (A Child) [2013] EWCA Civ 54 (16 January 2013), which concerned an application by a mother for permission to appeal against a determination that she would not be able to look after her daughter. Her application was refused.
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  • Gill v Draper [2013] EWCA Civ 58 (15 January 2013), a very rare application by a husband for permission to appeal against a decree nisi in contested divorce proceedings. Needless to say, the application was refused.
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  • W (A Child) [2013] EWCA Civ 61 (17 January 2013), a mother's application for permission to appeal care and placement orders. Application refused. Do you see a pattern emerging in the outcomes of these cases?
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  • G-F (Children) [2013] EWCA Civ 50 (14 January 2013), which concerned applications for permission to appeal against care and placement orders by the mother and the maternal grandmother. The applications were refused.
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  • Another W (A Child) [2013] EWCA Civ 48 (16 January 2013) (why can't they come up with some unique naming system for children cases?), which involved applications by a mother for permission to appeal orders made during the course of care proceedings. The applications were refused, Lord Justice McFarlane finding her case to be "totally lacking in merit", including "an astonishing submission" that the social workers had lied in preparing their report. He said that for the mother "to bombard the Court of Appeal with the material that she has and to seek to appeal every single order in the case is in my view an abuse of process".
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  • F (Children) [2013] EWCA Civ 49 (14 January 2013), which concerned an application by a father for permission to appeal against a residence order made in favour of the mother. His application was refused.

And finally:

  • A (A Child) [2012] EWCA Civ 1890 (11 December 2012) - an application by a mother for permission to appeal against an adoption order. The application was (you've guessed it) refused.

2 comments:

  1. Northern Lights14 February 2013 13:04

    The pattern is disturbing, given the serious outcomes of some of these cases. Are the English COA simply doing a Pontius Pilate?

    ReplyDelete
    Replies
    1. Hopefully, just clearing space for more deserving cases. Certainly, some of the applications were clearly without merit.

      Delete

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