Judicial appraisal meaning

Re HR (Parallel Child Abduction and Asylum Proceedings) [2024] EWHC 1626 (Fam) What are the practical implications of this case? This judgment examined the ambit of the ‘situation’ the court must consider under Art 13(b) of the 1980 Hage Convention. On the question of whether the children would encounter an intolerable situation, the father submitted that the court should look at circumstances in both the UK and the US, whereas counsel for the mother contended that the enquiry must be confined to the home state. The court decided it was unnecessary to determine that issue at this stage and therefore expressly refrained from doing so. Nonetheless, Sir Andrew McFarlane P observed that it is striking there is no extant authority addressing the point. The court further noted that the express focus of Art 13(b) is the potential risk to which a child would be exposed upon return, rather than a broader appraisal. It remains well established that, when applying Art 13(b), the court is not conducting a welfare evaluation...

Surrey County Council v R (on the application of BC) [2025] EWCA Civ 719 What are the practical implications of this case? The practical effects for practitioners are set out below and are as follows: a reiteration of the court’s stance that deciding whether a young person sits within the ‘child in need’ category, and whether accommodation is required by reference to section 20, are questions entrusted to the professional judgement, appraisal and evaluation of a social worker as part of their role in this case where a social worker’s expert judgement concludes a young person’s needs are fully capable of being met through non-statutory early help rather than statutory provision, that assessment is ever susceptible to challenge only on Wednesbury grounds (as was the position in this case) the child’s age dictates the weight to be given to their views. Here, BC was seventeen, so substantial weight attached to his wishes when contrasted with a younger child. In this matter, and as...

R (on the application of Oceana UK) v Secretary of State for Energy Security and others [2025] EWHC 2984 (Admin) What was the background? The dispute stemmed from a judicial review issued by Oceana UK against the Secretary of State for Energy Security and Climate Change, challenging three ‘appropriate assessments’ undertaken at the licensing phase of the 33rd Seaward Oil and Gas Licensing Round. Those assessments were intended to fulfil the Secretary of State’s obligations under regulation 5(1) of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 (the 2001 Regulations). The 2001 regime gives offshore effect to the Habitats Directive in a manner closely akin to the Conservation of Habitats and Species Regulations 2017 that govern onshore planning decisions. Oceana contended that the licensing-stage assessments did not satisfy the precautionary requirement for ‘complete, precise and definitive’ conclusions, because they: omitted a substantive appraisal of risks from industrial accidents and spills; failed to evaluate climate change effects on Marine Protected Areas or greenhouse gas...

This Practice Note addresses general damages in relation to personal injuries and will consider: What are general damages Personal Injuries Resolution Board (PIRB) Level of damages in each court Book of Quantum (BOQ) Personal Injuries Guidelines (PIG) Assessing damages for multiple injuries How payments of damages awards are made Reduction in awards of general damages What are general damages General damages are compensation awarded to a person for the pain and suffering experienced as a result of a personal injury. They cover harm endured to date and what is anticipated in the future, and include both physical harm and psychiatric injury. They are distinct from special damages, which reimburse out-of-pocket losses (such as medical or travel expenses) and loss of earnings arising from the injury. When valuing general damages, there should be an appraisal of the reduction in the injured person’s capacity to enjoy life. The different categories of general damages are outlined below. For further...

Practice Note This Practice Note explains the statutory duty on the court to consider the parties’ needs in line with the section 25 checklist in the Matrimonial Causes Act 1973, and the equivalent provisions for civil partners in the Civil Partnership Act 2004, Sch 5 Pt 5. It also reviews relevant authorities on needs, the treatment of non-matrimonial/civil partnership property, and the Family Justice Council’s guidance on needs... Under MCA 1973, s 25(2)(b), the court must have regard to the financial needs, obligations and responsibilities that each spouse has, or can be expected to have, in the foreseeable future. The mirror provision for civil partners appears in CPA 2004, Sch 5 Pt 5, para 21(2)(b)... The welfare of any child of the family, while a minor, is the court’s first consideration. An appraisal of the parties’ needs is not undertaken in isolation; the court assesses all the circumstances and the remaining elements of the section 25 checklist—see: Factors considered by the court on financial provision—the section 25...

Judicial assessment is a type of alternative dispute resolution available to parties during employment tribunal proceedings, intended to steer them towards resolving their disagreement by consent. It is a voluntary, confidential and evaluative exercise conducted at an early point in the case, where an employment judge gives a provisional view on the parties’ respective strengths, weaknesses and litigation risks across their claims, allegations, contentions and any remedies pursued. The purpose of this early appraisal is to help the parties recognise the real issues and what is at stake, and to prompt settlement before positions harden and expenses escalate. It is also anticipated to aid the parties in refining and narrowing the matters requiring determination, producing a shorter, more targeted final hearing. This Practice Note sets out how judicial assessment operates. It draws on the Presidential Guidance on ADR, issued under rule 7 of the Employment Tribunal Rules of Procedure 2013 on 7 July 2023, and, in particular, Appendix 2 to that guidance, which establishes a protocol for judicial assessments. By...