header-logo header-logo

Family

30 June 2011
Issue: 7472 / Categories: Case law , Law digest , In Court
printer mail-detail

Re B (children) (adoption) [2011] EWCA Civ 729, [2011] All ER (D) 159 (Jun)

A judge had jurisdiction to make an injunction to prevent the removal of children in short-term foster placements by the local authority, pending the hearing of an application for an adoption order. In determining whether to make the injunction, the judge should pose to himself, and seek to answer, an initial question as follows:

(a) was there a real prospect that the foster parents would establish that the authority’s decision to remove the children from them notwithstanding that they wished to adopt them was, by reference to public law principles, irrational, disproportionate or otherwise unlawful or was otherwise in breach of their rights, or those of the adopters or of those of the children under Art 8 of the European Convention on Human Rights. If the judge’s answer to question (a) was negative, he should refuse to grant the injunction. However, if his answer to the question was affirmative, he should proceed to address further questions which, without purporting to be prescriptive, might run along

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll