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On appeal from: [2019] EWCA Civ 1065

This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980, was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children.

The Supreme Court unanimously allowed the appeal and set aside the Court of Appeal’s order. Owing to the urgency of the decision, a judgment giving reasons was not issued at that time. Lord Wilson now gives the unanimous judgment of the court setting out its reasons. The Court held that the principle of inherent jurisdiction was available to the Court of Appeal in principle and the exercise of it was flawed.

For judgment, please download: [2019] UKSC 49

For Court’s press summary, please download: Court’s Press Summary

For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing please visit: Supreme Court website: 18 July 2019 morning and afternoon session.