England and Wales Case Law

Mikolaj Heidrych v District Court in Bydgoszcz, Poland

The District Judge lawfully and properly took delay into account in the Article 8 balancing exercise, recognising that not all delay could be attributed to fugitivity and that some was systemic. Even if further criticism could be levelled at the explanation for delay, the Applicant’s fugitivity, seriousness of the offence, and lack of dependants outweighed the delay and private life factors. No arguable legal error was identified in the District Judge’s approach, and the renewed application for permission to appeal was refused.

Source excerpt

• Extradition
• Article 8 echr
• Delay in proceedings
• Fugitivity
• Dual criminality

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Re B – Fact Finding (Use of AI for Judgment Summary for Parents with Learning Difficulties)

The court found B suffered a serious head injury in her parents’ care, but could not identify which parent caused it. Threshold was met; no finding of deliberate injury.

• Care orders
• Non-accidental injury
• Threshold criteria
• Pool of perpetrators
• Fact finding
• Parental capacity

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CF v CM

Given the identified risks—CF's unresolved pornography addiction and impulsivity, the risk of X developing false beliefs about past abuse, delay in re-establishing the father-child relationship, and CM's entrenched beliefs—the court determined that direct contact should not be ordered until all parties have completed recommended therapeutic interventions and their success is evidenced. Indirect contact is to continue, and a specific issue order is made for X to engage in therapy. The proceedings are concluded to avoid further delay, with the possibility of review after therapy completion.

Source excerpt

• Child contact
• Welfare principle
• Therapeutic intervention
• Parental responsibility
• Delay in proceedings

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Neophytou & Anor, R. v

Neophytou & Anor, R. v [2026] EWCA Crim 489 (27 March 2026)

The Court of Appeal refused to reopen a confiscation-order appeal, holding that a six-month Article 6 delay caused no real injustice and no exceptional circumstances.

• Confiscation orders
• Article 6 echr
• Delay in proceedings
• Default prison terms
• Proceeds of crime act 2002
• Re-opening appeals

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Heidrych v District Court in Bydgoszcz, Poland

Heidrych v District Court in Bydgoszcz, Poland [2026] EWHC 500 (Admin) (06 March 2026)

The High Court refused permission to appeal in an extradition case, holding that delay had been properly weighed in the Article 8 and section 21A balance.

• Extradition
• Article 8 echr
• Delay in proceedings
• Fugitivity
• Proportionality
• Dual criminality

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Vasile Sorin Bardasu v Romanian Judicial Authority

Extradition appeal dismissed. The High Court held that delay in certifying the EAW did not make extradition disproportionate under Article 8 ECHR.

• Extradition
• Article 8 echr
• Article 3 echr
• Delay in proceedings
• Proportionality
• Fugitive status

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Michael (Foster carers versus paternal aunt), Re

Michael's welfare requires stability in his current placement with foster carers; a move to paternal aunt would likely cause emotional, psychological, and developmental harm, delaying therapy and risking long-term detriment. The special guardianship order in favour of foster carers is proportionate and necessary, with robust contact arrangements to maintain birth family ties. Change of surname to a double-barrelled name is in Michael's best interests, balancing his connection to both families.

Source excerpt

• Special guardianship orders
• Child arrangements orders
• Change of surname
• Contact arrangements
• Welfare checklist
• Parenting capacity

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Cheshire East Borough Council v Mother & Ors

Adoption is necessary and proportionate for Child A as neither parent nor mother's friend D are realistic placement options; further delay is unjustified and contrary to Child A's welfare; the Placement Order application is procedurally valid and the court is satisfied that the threshold criteria are met.

Source excerpt

• Care orders
• Placement orders
• Adoption
• Delay in proceedings
• Kinship assessment
• Mental health

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N (A Child), Re

N (A Child), Re [2026] EWFC 11 (15 January 2026)

The court made final care and placement orders for a child after rejecting further delay for an attempted family placement in India and ordering adoption.

• Care orders
• Placement orders
• Adoption
• Special guardianship
• Delay in proceedings
• International placement

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N (A Child), Re

The court made final care and placement orders for a child aged nearly 3, rejecting further delay for a proposed family placement in India.

• Care orders
• Placement orders
• Special guardianship
• Adoption
• Delay in proceedings
• Welfare of the child

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