London Borough of Brent v S

London Borough of Brent v S

The injunction against S leaving the jurisdiction was discharged because the risks associated with travel to Pakistan were outweighed by S's powerful personal interests and emotional needs, and the opportunity to travel may not arise again if he wishes to remain in the UK. The best interests of S were not served by...

Source-derived case information.

Parties
Petitioner: London Borough of Brent; Defendant: S
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Application Under Inherent Jurisdiction / Judgment
Outcome
injunction discharged; passport to be returned to S
Legal Topics
Inherent Jurisdiction, Passport Order, Injunction, Best Interests of Child, Leave to Remain, Travel Restrictions
Family Law Child Welfare Immigration Law Inherent Jurisdiction Passport Order Injunction Best Interests of Child Leave to Remain +1 more

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Parties

London Borough of Brent

Petitioner

S

Defendant

Procedural Posture

Application Under Inherent Jurisdiction / Judgment

Legal Issues

  1. 1 Whether the injunction prohibiting S from leaving the jurisdiction should be continued
  2. 2 Whether S's best interests are served by allowing him to travel to Pakistan
  3. 3 Potential immigration consequences if S locates his family

Ratio Decidendi

The injunction against S leaving the jurisdiction was discharged because the risks associated with travel to Pakistan were outweighed by S's powerful personal interests and emotional needs, and the opportunity to travel may not arise again if he wishes to remain in the UK. The best interests of S were not served by continuing the injunction.

Court Disposition

injunction discharged; passport to be returned to S

Orders

  • Order prohibiting S from leaving the jurisdiction discharged
  • Solicitor directed to return S's passport forthwith