Re A (Application for Leave) [1998] 1 FLR 1

Private children: Weighing up the options

Allie Pitchford contrasts and compares s91(14) and civil restraint orders in the era of ‘lawfare’ Civil restraint orders have the potential to be far more expansive in their impact than s91(14) orders, although the hurdle they present in bringing further applications to the court is merely an additional permission stage, rather than a complete bar …

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Private children: Protective barrier

Melanie Kalina provides a summary of the key aspects of orders prohibiting further applications under the Children Act 1989 without permission ‘The degree of restriction provided for in a section 91(14) order should be proportionate to the harm it is intended to avoid.’ Most practitioners have dealt with private children cases that never seem to …

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Private children: Maintaining a balance

Kayleigh Biswas asks whether orders restricting further applications in children proceedings are an underused mechanism, or a heavy-handed approach to conclude litigation ‘A barring order is an intrusion into the right of a party to bring proceedings and to be heard in connection with matters concerning their child.’ In circumstances where there is a history …

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Section 91(14) Orders: Closing the door

Jennifer Lee sets out the courts’ approach when considering a barring order under s91(14) of the Children Act 1989 ‘In all cases, the primary consideration of the court is the child’s welfare, and a balance needs to be reached between protecting their welfare and the individual’s unrestricted right of access to the court.’ Section 91(14) …

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