Erlam et al v. Rahman et al, Richard Mawrey QC, April 2015, judgment here
The Guardian has reported that Lutfur Rahman, the former directly elected mayor of Tower Hamlets is “exploring the possibility” of judicially reviewing the judgment of the Election Commissioner, Richard Mawrey QC declaring his 2014 election void and barring him from standing in the mandated repeat of the poll.
The only surprise is the qualified nature of the statement as his website had already announced his decision to appeal two days before. This site also directs readers to a petition which describes the case as, “a politically-charged stitch up and an anti-democratic coup.” The Guardian quotes the Head of the Tower Hamlets branch of UNITE as describing the judgment as “an undemocratic assault on the people of Tower Hamlets” which was both “racist” and “Islamophobic”.
The target of this barb was the case management style of HHJ Dodds. The author, one of three Judges of Appeal empanelled in Re A (Children) [29 January 2015] (we will have to await a full judgment to discover which as – so far – only a Lawtel summary is available).
HHJ Dodds is well known to readers of this blog. His style of case management was also analysed (and found wanting) by the Court of Appeal the following day in Re S-W (children)  EWCA Civ 27 (30 January 2015). The judgments leave one to ponder whether these cases are a product of the stresses that have emerged from the greater expectations now put on the shoulders of judges to case manage litigation or whether, as previously discussed in this blog by David Hart QC here, it is a problem that arises with clever judges who find that they are, by temperament, not inclined to listen patiently to other people (generally considered to be a core part of the job description).
In Re S-W (children), HHJ Dodds made final care orders concerning three children at a hearing designated for case management less than three weeks after the application was made. The Court of Appeal overturned the orders (no party supported the judge’s actions) deeming care proceedings to be inapt for summary judgment in all but the most exceptional of circumstances (e.g. consent). Amongst the enumerated problems were that, the father of one of the children had not been served with notice of the proceedings, the children’s Guardian had not seen the children and there were no final care plans before the court. The judge did not even give a reasoned judgment. The Court of Appeal had to look at the transcript instead. This revealed that the judge had made his settled (and trenchantly expressed) view known within minutes of the hearing commencing. According to the court,
All the parties crumbled under the judge’s caustically expressed views.
Photo credit: guardian.co.uk
Using the inherent jurisdiction against Child Sexual Exploitation: Birmingham City Council v Riaz & Ors, 15 December 2014, read judgment
As prefigured on this Blog here, Keehan J has handed down a public Judgment explaining how he used the inherent jurisdiction of the High Court to make novel and far-reaching Orders against ten men.
The inherent jurisdiction is the power vested in the Higher Courts to maintain their authority and prevent their processes being obstructed and abused. Traditionally this has also included the exercise on behalf of the sovereign as parens patriae of particular powers concerning children – most commonly wardship.
Birmingham City Council were addressing a real and significant issue. This had been highlighted in Rotherham. The gold standard response is to secure criminal convictions as occurred in Bristol. However, in some instances, the evidence will not secure jury convictions and hence the search is on for alternatives.
Photo credit: guardian.co.uk
For some reason, this post originally appeared in the name of Colin Yeo. It is not by Colin Yeo, but by Martin Downs. Apologies for that.
The future of civil partnerships is again in the news. In October, Rebecca Steinfeld and Charles Keidan tried to register a Civil Partnership at Chelsea Town Hall but were rebuffed on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. Their lawyer, Louise Whitfield of Deighton Pierce Glynn Solicitors has announced their intention to seek a judicial review and the couple have also started a petition.
Steinfeld and Keidan have rightly identified that CPs provide virtually the same rights and responsibilities as marriage that it is within the gift of government to provide. One of the few differences concerns pension rights and even this will be considered by the Court of Appeal in February 2015.
However, the couple are attracted by civil partnership as a social construct that comes without the historical baggage of patriarchal dominance/subjection of women. They also take aim at the sexist customs that surround it such as “giving the bride away,” virginal white dresses and hen and stag do’s.
Photo credit: guardian.co.uk
Over the last month Mr Justice Keehan has made a series of injunctions at the behest of Birmingham City Council designed to protect a vulnerable child in care from being groomed. It seems that the Orders are of such breadth that they are believed to have entered uncharted territory but there are questions whether there is any authority for this development.
Much attention has been given to a series of hearings in October and November during which the press have having been permitted to name six of the men (in the teeth of opposition from West Midlands Police) subject of these injunctions. However, no Judgment has yet been placed in the public domain. On that basis, there appears no choice but to try and piece together what has occurred from the media coverage.
The recently released statistics from the Department for Education showing an increase of 15% in the adoption of looked after children in the last year further highlights the government’s preferred strategy for ensuring the welfare of children in care.
In my recent post, I considered the main thrust of the decision of the Court of Appeal in Re B-S which concerned the rigour which was expected of evidence, hearings and Judgments before a Placement Order was made.
However, the Court also dealt with the issue which had concerned Lord Justice McFarlane when he gave permission to appeal namely, where a Court has already made an order that a child may be placed for adoption and that has happened and the prospective adopter has applied for an Adoption Order, in what circumstances can a parent seek to stop it going ahead?
Re B-S (Children)  EWCA Civ 1146 – Read judgment
is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria)  UKSC 33,  1 WLR 1911 (see comment by Rosalind English here)
It is also the most authoritative (the case was allocated to Lord Dyson MR, the President of the Family Division and Black LJ) and uses to strong language about the current inattention to Human Rights in care and adoption proceedings.