Public procurement Public contracts. The defendant county council (LCC) applied unsuccessfully to have an automatic suspension lifted, which had prevented it from entering into a contract with the winner of a tendering process for services when the outcome of the process had been challenged by the claimant NHS trusts (the trusts). The Technology and Construction Court, in dismissing the application, held that, although damages would be an adequate remedy for LCC, the impact on the trusts would go far wider than simply those aspects to which a money value could be attributed. Damages would not be an adequate remedy for the trusts.
Family proceedings Orders in family proceedings. In having made care and placement orders with a view to a girl's adoption by her brother's adoptive parents, the judge's findings, reasoning and conclusions had plainly been open on the totality of the evidence and other materials before her. The Court of Appeal, Civil Division, in dismissing the father's appeal, further held that the judge had been carefully, conscientiously and correctly applying the learning in Re T (A Child) (Early Permanence Placement) ().
Family proceedings Orders in family proceedings. If a child was beyond the parent or carer's control and was suffering, or was likely to suffer, significant harm as a result, the criteria in of the Children Act 1989 were satisfied. As a boy aged 13 was beyond his mother's control, the Family Court made a final care order placing him in the local authority's care, subject to it amending the terms of the care plan and declared it lawful to deprive him of his liberty at a specialist residential unit, limited to a period of six months.
Family proceedings Orders in family proceedings. The appellant transgender father's appeal against a refusal for direct contact with his five children who belonged to the Charedi Jewish community would be allowed and remitted for reconsideration. The Court of Appeal, Civil Divisions found that the judge had failed to test his factual conclusion against family law principles.
Adoption Order. The mother's appeal against the making of final care orders and subsequently placement orders in respect of her two children had no prospect of success and permission to appeal should, accordingly, be refused. The Court of Appeal, Civil Division held that the judge had been entitled to conclude, on the evidence, that there had been no change of circumstances for the purpose of s 47(5) of the Adoption and Children Act 2006.
Family proceedings Orders in family proceedings. At a relocation hearing, the district judge made a child arrangements order for D to live with both of his parents. The Court of Appeal, Civil Division, confirmed that in the circumstances that had been the correct decision despite a first appeal to the High Court to the contrary.
Family proceedings Orders in family proceedings. The needs of two children aged nearly 3 and 19 months could only be met by placement for adoption, as the parents were not able to meet their needs and it followed that their welfare required that the parents' consent to the placement be dispensed with. The Family Court further made a 12 month supervision order as sought and unopposed in respect of their half-sister aged 12.
Family proceedings Orders in family proceedings. The judge had not erred in ordering the husband to pay a global sum of 39,000 per annum in respect of the wife's claims for herself and their three children, as it had had a substantial ingredient of spousal support and had been within his jurisdiction. The Family Division further refused the husband's appeal in relation to the overall quantum of the maintenance award and the division of capital.
Divorce Financial provision. The circumstances of the wife's application for financial relief had been such which justified their consideration the absence of the husband in the proceedings. The Family Division, in making awards for general needs and specific needs, arising from the wife's medical conditions, held that the wife's reasonable needs would be met by way of a financial award totalling 15,251,098. The retention and transfer of properties, liquid cash and other assets would realise 11,726,491 and the husband would have to pay the wife a cash lump sum of 3,474,607.
Family proceedings Surrogacy arrangement. Having regard to the test of best outcome for the child, the judge in reaching the decision regarding contact with the surrogates of a child H, had rightly undertaken a conventional welfare approach to an unconventional family structure. The Court of Appeal, Civil Division held that her decisions about where the H should live and about the role that should be played by each family were ones that she had been entitled to reach on the evidence before her.