In a judgment handed down yesterday, 25 September 2019, Lieven J provided important guidance on the proper limits of the inherent jurisdiction.
The local authority sought orders to forcibly separate a husband and wife on grounds of the husband’s vulnerability. The application was withdrawn on the second day of the final hearing but a full judgment was given on the applicable principles.
The judge emphasised that physical disability and complex family relationships alone are not a sufficient basis for invoking the inherent jurisdiction, holding that:
She also held that preventing a married couple from living together was a “colossal” interference with their rights under Article 8(1) and any interference with a person’s family life through exercise of the inherent jurisdiction has to be justified under Article 8(2). This requires the state to consider “less intrusive measures” before an application is made.
Alexis Hearnden acted for the wife, ST.
Peter Mant acted for the husband, KR.
Please click here to see the full judgment.