Case Law Updates March 2021

Re S (A child) v TikTok Inc & ors [2020] EWHC 3589 (QB), Warby J (30 December 2020)

Successful application by Children’s Commissioner without notice on behalf of a 12-year-old child for the child’s anonymity in a claim against social media.

Bell & anor v Tavistock and Portman NHS Trust [2020] EWHC 3274 (Admin), Div Ct (1 December 2020) – When is a child/young person competent to give valid consent to gender change treatment? Guidance given by the court as to the application of the Gillick tests. The court summarised fully the modern law on consent (following Gillick v West Norfolk and Wisbech AHA [1985] UKHL 7, [1986] 1 AC 112, [1986] 1 FLR 224) at [105] to [120].

M v H (Private law vaccination) [2020] EWFC 93, MacDonald J (15 December 2020) – Approval of vaccination applied for by a father over the objection of the children’s mother.

AEY v AL [2020] EWHC 3539 (Fam), Knowles J (21 December 2020) – Extended civil restraint order (2 more years) made on the papers: during the period of the original order, AEY had made seven applications (at least four were completely without merit).

Deutsche Bank AG v Sebastian Holdings Inc & anor (ie Mr Vik) [2020] EWHC 3536 (Comm), Cockerill J (21 December 2020) – SHI/Mr Vik’s application to strike out DB’s contempt application dismissed. DB’s application to amend allowed. Helpful comment on new rules on contempt in CPR 1998 Pt 81 (equivalent to FPR 2010 Pt 37).

Crowther v Crowther & ors [2020] EWHC 3555 (Fam), Lieven J (22 December 2020) – Costs of preliminary issue proceedings on the indemnity basis against a wife who alleged fraud, sham etc against her former H.

Re W (Children: Reopening/recusal) [2020] EWCA Civ 1685 (15 December 2020) – Mother’s appeal against a circuit judge set aside decision where a DJ had after findings made recused herself, and without immediately giving reasons.

GC v AS [2021] EWHC 14 (Fam) (11 January 2021), Mostyn J – Refusal of inherent jurisdiction order for return from Libya of children retained by their father. It was not a correct use of the parens patriae jurisdiction: (1) there was doubt that if any order was made it would be enforceable in Libya; (2) the mother should have made her parens patriae argument during an earlier application she had made (Henderson v Henderson (1843) 3 Hare 100).

Advinia Care Homes Ltd v BUPA Care Homes Investments (Holdings) Ltd & ors [2020] EWHC 3607 (Ch) (22 December 2020), Michael Green J – Refusal to allow a party to amend pleadings to withdraw an admission: ‘[47] The whole point of things being admitted is that parties can move on and not be bothered with investigating such matters…’

Rattan v Kuwad [2021] EWCA Civ 1 (11 January 2021) – Second appeal by wife allowed: there was no need for her to do more than refer to her Form E for her income needs on an interim periodical payments (MPS) application and no need (as the circuit judge had said, on the first appeal) for the DDJ to have examined needs in precise detail (per Moylan LJ).

Onwude v Dyer & ors [2020] EWHC 3577 (QB), HHJ Richard Parkes QC
(as a High Court judge) (23 December 2020) – Order that a solicitor without higher rights could represent a party (judge’s comment as to solicitor’s helpfulness at [7]).

Motorola Solutions v Hytera Communications [2021] EWCA Civ 11 (11 January 2021) – The unambiguous impropriety test for overriding without prejudice privilege and admitting the evidence – in this case in support of a freezing order injunction – was a very high bar. ‘[62] … public interest in the settlement of litigation generally outweighs the risk of abuse of the privilege in individual cases.’