Judgment was given on 9 September 2013 by the Supreme Court of the United Kingdom in the following case:
In the matter of A (Children) (AP)
On appeal from the Court of Appeal (Civil Division) (England and Wales)
This appeal concerns whether the wardship jurisdiction (or inherent jurisdiction) of the Family Division of the High Court can ever be exercised in respect of an infant child who has never been physically present in England and Wales.
The Supreme Court unanimously allows the mother’s appeal and holds that the court had inherent jurisdiction to make the orders in this case on the basis of the child’s British nationality, given the specific (and unusual) facts of this case. The case is however remitted to the judge to consider as a matter of urgency whether it is appropriate to exercise this exceptional jurisdiction.
James Turner QC, of 1kbw (instructed by Dawson Cornwell), was leading counsel for the successful Appellant, and Richard Harrison QC and Peter Newman, of 1kbw (instructed by Bindmans LLP), were counsel for the First Intervener (Reunite), supporting the successful Appellant’s case.
Please follow the links to read the press summary and judgment:
Video link to the giving of a summary of the judgment by Lady Hale in the Supreme Court: http://www.youtube.com/watch?v=Yw-_U288jsk&feature=c4-overview&list=UUdkf93h71xVAl28v467Hk7w