SW & TW (Children : Human Rights Claim: Procedure) (Rev 1)

SW & TW (Children : Human Rights Claim: Procedure) (Rev 1)

HRA 1998 claims arising within CA 1989 proceedings are governed by CPR 1998, not FPR 2010. Children must have a properly appointed litigation friend under CPR Part 21. Declarations and damages for breaches of ECHR rights are appropriate where procedural failures and lack of engagement occurred. Costs follow the event, but settlement and proportionality are paramount.

Parties
Applicant/respondent: Luton Borough Council; Father/claimant/respondent: PW; Maternal Grandmother/respondent: MT; Children/claimants/respondents: SW & TW
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Children Act 1989 and Human Rights Act 1998 Proceedings / Final Hearing (partial Conclusion); Judgment Delivered; Children’s HRA Claims Adjourned
Outcome
CA 1989 proceedings resolved by agreement; father awarded declarations and damages under HRA 1998; children’s HRA claims adjourned for proper representation.
Legal Topics
Children Act 1989, Human Rights Act 1998, Procedural Rules, Litigation Friend, Damages, Declarations, Costs, Child Protection, Privacy
Family Law Human Rights Law Civil Procedure Children Act 1989 Human Rights Act 1998 Procedural Rules Litigation Friend Damages +4 more

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Parties

Luton Borough Council

Applicant/respondent

PW

Father/claimant/respondent

MT

Maternal Grandmother/respondent

SW & TW

Children/claimants/respondents

Procedural Posture

Children Act 1989 and Human Rights Act 1998 Proceedings / Final Hearing (partial Conclusion); Judgment Delivered; Children’s HRA Claims Adjourned

Legal Issues

  1. 1 Whether HRA 1998 claims within CA 1989 proceedings are governed by CPR 1998 or FPR 2010
  2. 2 Proper appointment of litigation friend for children in HRA 1998 claims
  3. 3 Entitlement to declarations and damages for breaches of ECHR rights

Ratio Decidendi

HRA 1998 claims arising within CA 1989 proceedings are governed by CPR 1998, not FPR 2010. Children must have a properly appointed litigation friend under CPR Part 21. Declarations and damages for breaches of ECHR rights are appropriate where procedural failures and lack of engagement occurred. Costs follow the event, but settlement and proportionality are paramount.

Court Disposition

CA 1989 proceedings resolved by agreement; father awarded declarations and damages under HRA 1998; children’s HRA claims adjourned for proper representation.

Orders

  • Private law order: children to live with their father
  • Contact order: supervised contact with maternal grandmother as agreed