2014 06 Children

Tuesday 1 July 2014

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JG v the Lord Chancellor and Ors [2014] EWCA Civ 656 (LLJ Richards, Black and Fulford): The appeal related to a child who was subject to family proceedings under secton 8, Children Act 1989 with the children's guardian appointed to act. The appeal succeeded against the refusal of the Legal Aid Agency to refuse to fund the whole of the costs of an expert instructed to assist the family court in its determination of the welfare issues in the case. Click here for judgment.

MWA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 706 (LLJ Maurice Kay, Davis and Floyd): This appeal raised a question as to the weight of a High Court decision on age in immigration appeal proceedings. The First-Tier Tribunal had among other things, found as part of its determination of the appellant's asylum claim that he was a minor. A subsequent HIgh Court trial on age decided that he was not a minor. The question was whether the Upper Tribunal, on appeal from the determination of the First-Tier Tribunal, was entitled to place reliance on the conclusion of the HIgh Court in the judicial review proceedings. The Court of Appeal held that the Upper Tribunal was entitled to have due regard to the High Court decision and the appellant's contention that it was not failed. Click here for judgment.

R (A and Anor) v Secretary of State for Health [2014] EWHC 1364 (Admin) (King J): The claim for judicial was brought by a minor, A and her mother who challenged A's inability to access in England abortion services free of charge. A and her mother are both ordinarily resident in Northern Ireland which had stricter laws around abortion. The Claimant failed to show that the policy of the Secretary of State to charge for abortion services in England for persons who are ordinarily resident there is unlawful and / or discriminatory contrary to article 14, ECHR. Click here for judgment.

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