Home > Judgments > 2012 archive
- A (Children)  EWCA Civ 1278
Appeal against a finding that a father was responsible for fatal injuries caused to a baby.
- A (Children)  EWCA Civ 185
Appeal against findings made in preliminary issue trial, on the basis of procedural irregularities in arranging a meeting between the judge and a child. Appeal dismissed.
- A and S v Lancs CC  EWHC 1689 (Fam)
Application, made by two brothers freed for adoption by Lancashire County Council in 2001, for a declaration that the council had breached the boys' rights under Arts 8, 6 and 3 of the ECHR and the independent reviewing officer had breached their rights under Arts 8 and 6. Declarations granted.
- A Council v M & Ors (Judgment 1: Fact-Finding)  EWHC 4241 (Fam)
Finding of fact hearing, exploitation of a child in order to cause her to become pregnant by artificial insemination in order that the mother could have another child.
- A Council v M & Ors (Judgment 2: Welfare)  EWHC 4242 (Fam)
Welfare hearing following fact-finding judgment. Care orders made, together with section 34(4) Children Act order. Application for section 91(14) Children Act order refused.
- A Council v M & Ors (Judgment 3: Reporting Restrictions)  EWHC 2038 (Fam)
Application for reporting restriction order in respect of care proceedings involving four children. Order (with explanatory note) made.
- A Local Authority v A Mother & Ors  EWHC 2969 (Fam)
Fact-finding hearing in relation to the administration of medical care to a 9-year old girl by her parents.
- A Local Authority v a Mother, a Father and an Aunt  EWHC 1637 (Fam)
At the conclusion of longstanding public law proceedings, C was adopted by her aunt who sought an order that the local authority should pay the costs of the aunt’s legal representation.
- A Local Authority v C & Others  EWHC 1975 (Fam)
Judgment in re-hearing of fact-finding hearing concerning allegations of abuse following fresh evidence coming to light (Original fact-finding hearing reported as A Local Authority v C  EWHC 231).
- A Local Authority v DS  EWHC 1442 (Fam)
President’s judgment concerning delay and ultimate refusal by the LSC to grant prior authority for the instruction of an independent social worker to perform a parenting and risk assessment of parents. The President provides Guidance on seeking prior authority from the LSC for instructing an expert witness in family proceedings.
- A Local Authority v H  EWHC 49 (COP)
Court of Protection proceedings. Declarations made as to the incapacity in several respects of a 29 year old woman with learning difficulties and atypical autism, including incapacity to consent to sexual relations.
- A London Borough v A  EWHC 2203 (Fam)
Decision to adjourn the Local Authority’s application for final care orders, enabling the Mother to attend therapy.
- A London Borough v M 
Fact-finding hearing in care proceedings relating to a child, with a Vitamin D deficiency and rickets, who suffered 17 fractures. Application for care order dismissed.
- A NHS Trust v K and Others  EWHC 2922 (COP)
Court of Protection proceedings as to whether a 61 year old woman lacking mental capacity should undergo a potentially life serving operation, Official Solicitor objecting to the operation. Held that the operation should proceed.
- A v A 
Judgment concerning reporting restrictions in family remedy proceedings. Order prohibited disclosure of any information in respect of the proceedings save for certain specified matters.
- A v B and C  EWCA Civ 285
Appeal by biological father of child residing with the biological mother and her lesbian partner concerning contact arrangements in respect of the child. Appeal allowed and case remitted to a Family Division judge.
- A v SM & anor  EWHC 435 (Fam)
Forced marriage case heard by Baker J which included consideration of applications for forced marriage protection orders under Part 4A of the Family Law Act.
- AB (A Child)  EWCA Civ 978
Appeal in respect of the proper interpretation of Article 56 (placement of a child in another Member State) Council Regulation (EC) 2201/2003.
- AB v CB  EWHC 3841 (Fam)
High Court proceedings as to whether English divorce proceedings instituted by the wife should be stayed to enable Indian proceedings for divorce instituted there earlier by the husband to proceed; and, if the English divorce proceedings were stayed, what should happen to the wife's proceedings against the husband in England under S27 MCA 1973.
- AC v DC & Ors (Financial Remedy: Effect of s37 Avoidance Order) (No 1)  EWHC 2032 (Fam) (19 July 2012)
Application for avoidance of disposition order under s. 37(2) MCA 1973 – consideration of whether set aside operated retrospectively for all legal (including fiscal) purposes
- AC v DC (No 2)  EWHC 2420 (Fam)
“Big money” financial remedy case – appropriate split of assets in light of pre-marital acquest - sale of husband’s shares in business envisaged with proportion of proceeds to be paid to wife – husband with limited life expectancy – consideration of whether wife’s claims should be adjourned generally if the sale did not proceed, or shares transferred to her
- Akhtar v Hussain  EWCA Civ 1170
Application for permission to appeal an order relating to the beneficial interest of the former family home. Permission to appeal granted only as to the amount of occupation rent to be paid by the occupying party.
- Akhtar v Hussain  EWCA Civ 1762
Appeal against order awarding former cohabitant occupation rent in property in which she had been awarded a 50% beneficial interest. Appeal allowed in part.
- AMV v RM  EWHC 3629 (Fam)
Judgment, in appeal by mother against residence order, relating to the decision of the district judge to visit the homes of the mother and the maternal grandparents in order to ascertain the veracity of the mother's claims as to residence.
- An NHS Trust v L & Ors  EWHC 4313 (Fam)
Application under the Mental Capacity Act 2005 for a declaration that in the event of a patient suffering a cardiac arrest and/or a respiratory arrest and/or other serious deterioration in his condition, it would not be in his best interests for active resuscitation and/or other similar treatment to be provided. Application granted.
- An NHS Trust v SR  EWHC 3842 (Fam)
Application by an NHS Trust in respect of the medical treatment of N, a boy aged 7, suffering from a malignant brain tumour.
- Arif v Zar & Anor  EWCA Civ 986
Application for permission to appeal Mostyn J’s order which, inter alia, transferred an annulment application to the Family Division
- Arshad v Anwar  EWCA Civ 372
Judgment following the appeal of an order made against a husband that he must pay the costs incurred in his wife’s abortive Part III MFPA 1984 application.
- Aspden v Elvy  EWHC 1387 (Ch)
Dispute between unmarried parties as to the beneficial ownership of a property which involved claims of constructive trust and proprietary estoppel.
- AV v RM  EWHC 1173 (Fam)
Application for permission to appeal in which Moor J considered the correct test to be applied to such applications
- B (A Child)  EWCA Civ 1475
Parents’ appeal of making of a care order in respect of their child in circumstances where the judge had found that the parents posed various risks to the child focussed upon emotional and potential emotional harm.
- B (A Child)  EWCA Civ 632
Appeal by grandmother in private law proceedings against a residence order to be made in favour of the mother of her grandchild once the mother found suitable accommodation. Appeal allowed.
- B (A Child)  EWCA Civ 737
Appeal by paternal grandmother against a refusal of leave that she be joined as a party in care proceedings. Appeal dismissed.
- B (A Child)  EWCA Civ 858
Appeal from a residence order made in favour of a paternal grandmother concerning a girl, aged almost 5 at the time of the appeal hearing.
- B (Children)  EWCA Civ 1082
Application for permission to appeal in proceedings under Sch 1 to the Children Act 1989 against an order that the applicant mother was habitually resident in this jurisdiction. Permission refused.
- B (Children)  EWCA Civ 1275
Appeal of refusal to make interim care orders.
- B (Children)  EWCA Civ 1901
Returned hearing before the Court of Appeal after a local authority had shown reluctance to implement the Court’s previous decision.
- B (Children)  EWCA Civ 1933
Appeal by local authority in care proceedings concerning two children in which the court had refused interim care orders and granted interim supervision orders. Appeal allowed.
- B v A  EWHC 3127 (Fam)
Wasted costs order against father’s solicitors following withdrawal of application by father for return of child to the United States and the execution of a location order in respect of the child.
- B v B  EWHC 1924 (fam)
Application by father that the court should reserve exclusive jurisdiction to itself where parties and children were all habitually resident in Dubai. Application dismissed.
- B v B  EWHC 314 (Fam)
Judgment of Mr David Salter sitting as a deputy judge of the Family Division of the High Court in a financial remedies case where the parties had been married for 15 years and involving issues of pre-marital wealth, the sharing principle, reattribution of assets rather than setting aside earlier dispositions and containing an important reminder of the correct method for valuing pensions in payment.
- B v S (Financial Remedy: Marital Property Regime)  EWHC 265 (Fam)
Financial remedies case including an analysis of matrimonial property regimes and more helpfully a straightforward analysis of the law relating to periodical payments.
- Bhura v Bhura  EWHC 3633 (Fam)
Application for judgment summons and writ ne exeat regno following failure by husband to pay lump sum and periodical payment orders – consideration of procedure and rules of evidence for such applications
- BP v KP and NI (Financial Remedy Proceedings: Res Judicata)  EWHC 2995 (Fam)
High Court judgment on preliminary issues as to whether wife is barred a) by operation of res judicata from asserting in financial remedy proceedings claims concerning an agreement involving the husband; and b) from running a case of "add-back" in relation to losses arising from enforcement of that agreement.
- Bridgend County Borough Council v GM & Anor  EWHC 3118 (Fam)
Jurisdiction of the High Court to make an interim care order in relation to a baby born abroad and brought to the UK within proceedings.
- Bristol City Council v A and A and Others  EWHC 2548 (FAM)
Care proceedings in which contradictory hair strand tests for drug use arose – Court’s endorsement of principles relating to hair strand testing but declining to provide further guidance or enquire as to the causes of mistakes in the case.
- Bristol City Council v C & Ors  EWHC 3748 (Fam)
Application for reporting restriction order arising out of care proceedings.
- C (A Child)  EWCA Civ 1144
Appeal by the child to set aside an order under the Hague Convention 1980 to which she had originally consented. As no issues had been previously adjudicated on the matter the proceedings were remitted to the Family Division.
- C (A Child)  EWCA Civ 1787
Appeal by grandparents against placement order. Appeal dismissed.
- C (A Child)  EWCA Civ 535
Appeal by mother against findings made in care proceedings at a welfare hearing which differed from the findings made at the previous fact-finding hearing
- C (Children)  EWCA Civ 1281
Appeal from an order that a father should be provided with a passport-sized photograph of a child on an annual basis.
- C (Children)  EWCA Civ 1766
Appeal by father in care proceedings against an order suspending contact with his children. Appeal dismissed.
- Carpenter v Secretary of State for Justice  EWHC 4421 (Fam)
Appeal against two decisions of a gender recognition panel in which the appellant contended that her application for a gender recognition certificate had been rejected. Held that the panel had not rejected the application and that the appeal was out of time. Appeal dismissed.
- Cawdery Kaye Fireman & Taylor v Minkin  EWCA Civ 546
Decision concerning the grounds which entitle a solicitor to suspend and/or terminate a solicitors’ retainer and the costs payable by the client in such an event
- Chapman v Jaume  EWCA Civ 476
Dispute concerning repayment of capital sums (plus interest) which the appellant had paid for, inter alia, substantial works at the Respondent’s property at a time when the parties’ had been cohabiting.
- Crown Prosecution Service & Anor v Gohil  EWCA Civ 1550
Appeal against an order requiring the CPS and the Respondent husband to disclose material to the Applicant wife who was applying to set aside a consent ancillary relief order which she alleged had been procured by material misrepresentation.
- D (A Child)  EWCA Civ 627
Appeal as to which local authority was the designated local authority with responsibility for implementing a care order for a child, in circumstances where the child’s mother was herself a child in care.
- D and L (Surrogacy)  EWHC 2631 (Fam)
Application for parental orders pursuant to the HFEA 2008 in the event that the surrogate could not be found to consent to the parental orders, as required. Orders granted. Retrospective permission granted to pay surrogate beyond reasonable expenses.
- Davies v Davies  EWCA Civ 1641
Application for permission to appeal a financial remedy order awarding the wife a lump sum of £2.2 million, recognising the wife’s contribution to the husband’s hotel business. Permission to appeal granted but appeal dismissed.
- DL v A Local Authority  EWCA Civ 253
Appeal against an order that the inherent jurisdiction of the High Court may be deployed following the implementation of the Mental Capacity Act 2005 for the protection of adults who have capacity but are perceived to be vulnerable. Appeal dismissed.
- DL v EL (Hague Abduction Convention - Effect of Reversal of Return Order on Appeal)  EWHC 49 (Fam)
Hague Convention application for return of child to the US considering whether child’s habitual residence can be changed by a removal pending exhaustion of appeals and relevance of pending appeal in US Supreme Court.
- Dukali v Lamrani  EWHC 1748 (Fam)
Application for leave to apply for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. Application dismissed on the ground that the applicant could not demonstrate that the marriage, conducted at the Moroccan Consulate, was one to which section 12 of the Act applied.
- E (A Child)  EWCA Civ 1773
Appeal against making of care order in which the issue of whether s.100 Children Act 1989 prevents the court making a wardship order re a child who is voluntarily accommodated under s. 20 Children Act 1989.
- E (A Child)  EWCA Civ 537
Appeal by mother against placement order in case linked to proceedings concerning her partner's children.
- E (Children)  EWCA Civ 1893
Father’s appeal against an order granting the mother leave to remove the children permanently from the jurisdiction.
- Edgerton v Edgerton  EWCA Civ 181
Appeal against interlocutory orders whereby the wife could continue ancillary relief proceedings and which left freezing orders made in her favour in place , notwithstanding Chancery Division proceedings which had dealt with most of the Husband’s assets.
- Evans v Evans  EWCA Civ 1293
Appeal from the making of a decree absolute on the grounds of fresh evidence that the decree would prevent enforcement of order transferring shares.
- Ezair v Ezair  EWCA Civ 893
Appeal concerning a lump sum order in favour of the wife which had been inflated to include a substantial sum by way of a costs penalty for the husband’s litigation misconduct.
- F (A Child)  EWCA Civ 1364
Appeal by a father who had become the primary carer against an order granting the mother of their 7 year old child leave to permanently remove the child from the jurisdiction.
- F (A Child)  EWCA Civ 1770
Appeal against refusal in care proceedings of the father’s applications for direct contact, parental responsibility and a change of the child’s surname. Appeal allowed and case remitted to the county court for re-hearing.
- F (Children)  EWCA Civ 1793
Appeal by mother against an order changing the residence of two sons. Appeal dismissed.
- F (Children)  EWCA Civ 828
Judgment on an appeal brought against findings of fact concerning the circumstances of a supervised contact session during which it was alleged social workers had been physically assaulted.
- F v F  EWHC 438 (Fam)
Final hearing of a financial remedy application in a complex big money case
- Fisher Meredith v JH and PH (Financial Remedy: Appeal: Wasted Costs)  EWHC 408 (Fam)
Appeal brought by solicitors in financial remedy proceedings against a wasted costs order made against them.
- G (A Child)  EWCA Civ 1408
Appeal by a Local Authority and a mother against findings of fact made in respect of non-accidental Injuries and failure to protect. (The difficulty of appealing findings of credibility reached by the trial judge hearing the evidence is highlighted.)
- G (Children)  EWCA Civ 1434
Appeal against an order substituting sole residence for shared residence and effectively terminating contact with the appellant. Appeal allowed and case remitted for retrial.
- G v G  EWHC 167 (Fam)
Financial remedies case with matrimonial assets of £2.6 million where the husband had a well paid job in the city and the wife had a significant earning capacity as well as being the beneficiary under substantial family trusts.
- G v G  EWHC 1979 (Fam)
Application to set aside a parental order by virtue of procedural flaws and contending that, at the time of the order the mother had a concealed intention to separate and raise the child alone.
- Gallarotti v Sebastianelli  EWCA Civ 865
Dispute concerning a property held in one party’s sole name without a written declaration of trust and where there had been unequal financial contributions.
- Galloway v Goldstein  EWHC 60 (Fam)
Application for a declaration under Family Law Act 1986 section 55(1)(c) that a second marriage ceremony in the UK, following a ceremony in the United States, was of no legal effect. Declaration granted.
- Geary v Rankine  EWCA Civ 555
Case involving non-married cohabitants in which the Claimant unsuccessfully claimed that she had a beneficial interest in and / or that she had been a partner in, a business owned by the Defendant
- Gray v Sec of State for Works & Pensions  EWCA Civ 1412
Appeal concerning the proper method of assessment/calculation of child support to be paid by a self-employed person under Child Support Act 1991.
- H (A Child)  EWCA Civ 1700
Appeal against an interim residence order which effectively adjourned the proceedings for three months to allow an independent social work assessment of a couple who had been involved with the mother. Appeal dismissed. Piglowska applied to the evaluation of welfare factors.
- H (A Child)  EWCA Civ 281
Court of Appeal. Appeal in private law contact proceedings between the father of C, and C’s mother and her husband. The circuit judge had set aside, on appeal, a district judge’s decision and imposed a different conclusion without conducting a full evaluation process. Appeal allowed.
- H (A Child)  EWCA Civ 714
Appeal in private law children proceedings concerning, amongst other matters, discussions taking place between counsel and the judge. Appeal dismissed.
- H (A Child)  EWCA Civ 913
Appeal by father against order in child abduction proceedings. Appeal allowed on the basis that the order was made as a result of a series of misunderstandings about the litigation history.
- H (Children)  EWCA Civ 743
Court of Appeal judgment in an appeal from care and placement orders in respect of three children aged 7, 5 and 1.
- HH v BLW  EWHC 2199 (Fam)
Application for permission to appeal against a district judge's order for costs against a father in contact proceedings. Application refused on the basis of the proportionality of the appeal to the sum in issue.
- HMRC v Charman and Another  EWHC 1448 (Fam)
Application by HMRC for the release and/ or production of documents disclosed in ancillary relief proceedings. Application dismissed.
- Hope v Krejci and Others  EWHC 1780 (Fam)
Application before Mostyn J seeking to enforce the lump sum and costs order under the new procedure in rule 33.3 FPR 2010 and for restoration of adjourned application for variation of nuptial settlement.
- HSE Ireland v SF (a minor)  EWHC 1640 (Fam)
Judgment on an application brought by the Health Service Executive of Ireland under Article 20 of Brussels IIR in respect of SF, a girl aged 17, who had been placed into care at a young age.
- H-T (Children)  EWCA Civ 1215
Appeal by parents against s.34(4) Children Act 1989 order permitting the local authority to refuse contact. Appeal allowed.
- Hutchings-Whelan v Hutchings  EWCA Civ 38
Judgment on appeal from a final order in ancillary relief proceedings.
- I (A Child)  EWCA Civ 1217
Application for permission to appeal the making of a placement order for adoption which did not include an order for contact with the paternal family where all parties had agreed that contact should continue. Permission granted.
- I (A Child)  EWCA Civ 1765
Court of Appeal, appeal against placement order on basis that special guardianship order was not considered. Appeal dismissed.
- I-A (Children)  EWCA Civ 582
Appeal of order in a fact-finding hearing over allegations of sexual abuse. Appeal successful.
- Imerman v Imerman  EWHC 4047 (Fam)
Application by wife for disclosure of correspondence between husband and third parties in respect of which he claimed privilege
- In the Matter of A (A Child)  UKSC 60
Supreme Court. Appeal against order requiring the disclosure of details of allegations, made by an unnamed third party, of abuse committed by the father. Appeal dismissed.
- In the Matter of L (A Child)  EWCA Civ 1157
Judgment of the Court of Appeal concerning the interpretation and application of Article 23(a) of Brussels IIR and the issue of dual habitual residence.
- In the matter of S (a Child)  UKSC 10
Appeal by mother to the Supreme Court against an order of the English Court of Appeal that she should immediately return her son, aged two, to Australia. The mother relied on Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980. Appeal allowed.
- Independent Trustee Services Ltd v GP Noble Trustees Ltd & Another  EWCA Civ 195
Appeal from dismissal of an application by trustees of pension funds to recover monies paid to the wife after an ancillary relief order, in circumstances where the husband had fraudulently appropriated the funds from the pension funds
- J (A Child)  EWCA Civ 1231
Children Act 1989 proceedings. Appeal by the father on the basis that the hearing had not been conducted fairly, the substance of the judge’s decision was insufficient. Appeal allowed.
- J (A Child)  EWCA Civ 720
Appeal against judgment refusing father’s application for contact with his son. Appeal dismissed.
- J (A Child: Disclosure)  EWCA Civ 1204
Contact proceedings where allegations of abuse by the father had been made to a local authority by a third party who did not want their identity or the details of the allegations to be disclosed.
- J (Habitual Residence)  EWHC 3364 (Fam)
Decision as to the habitual residence of child subsequent to the father’s application for parental responsibility order, orders under the inherent jurisdiction and a declaration of parentage.
- J Council v GU & Ors  EWHC 3531 (COP)
Application in the Court of Protection which provides guidance as to how the Article 8 rights of the vulnerable adult should be protected if they are deprived of their liberty and subject to restrictions in their place of residence.
- J-L (Children)  EWCA Civ 1832
Appeal against findings of fact made within care proceedings
- JRG v EB  EWHC 1863 (Fam)
Application by father under the Hague Convention in respect of his three sons, alleging that they were wrongfully retained in England, following an order by the French court granting residence to the father. Court declined to adjudicate the application.
- K (A Child)  EWCA Civ 1306
Appeal by mother against residence and contact order in respect of four children on the grounds, inter alia, that the order had been made without hearing from the parties and that allegations of domestic violence had not been adjudicated upon. Appeal allowed.
- K (Children)  EWCA Civ 1433
Application by imprisoned parents for permission to appeal against care orders in respect of their three children and a placement order in respect of the youngest child. Permission refused.
- K (Children)  EWHC Case No. LS09C05566
Care proceedings concerning a family of five children, three of whom have serious complex disabilities. Care proceedings withdrawn and the three children made wards of court pending review.
- K v L (Child Abduction: Declaration)  EWHC 1234 (Fam)
Father’s application for a declaration as to the habitual residence of the parties’ son.
- K v LBX  EWCA Civ 79
Appeal against an order authorising a trial placement in a supported living facility near to the family home. Consideration as to whether the Art 8 right to respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford priority to the placement of an incapacitated adult in his or her family or whether family life is simply one of “all the relevant circumstances” which under the Mental Capacity Act 2005, s.4, the court is bound to consider.
- Karim v Musa  EWCA Civ 1332
Appeal by husband against a financial order on the basis of the respondent’s failure to disclose her interest in certain properties. Appeal allowed in part.
- Karoonian v CMEC; Gibbons v CMEC  EWCA Civ 1379
Child support: procedures adopted for commitment to prison held not to be compliant with Article 6 ECHR. Appeal allowed and orders for commitment set aside.
- KH v CMEC  UKUT 329 (AAC)
A decision of the Upper Tribunal Administrative Appeals Chamber (in a child maintenance assessment case), setting aside the decision of the First-tier Tribunal in light of an error of law and remitting the matter for reconsideration.
- Kim v Morris  EWHC 1103 (Fam)
Dispute as to whether a decree nisi granted in divorce proceedings in 2006 but which had never been made absolute, should be rescinded or alternatively leave should be granted for the decree nisi to be made absolute.
- KK v MA & Ors  EWHC 788 (Fam)
Judgment, following a fact finding judgment, in financial remedy proceedings as to the division of assets, in some of which the Official Receiver had claimed an interest.
- Knecht v Romania
Application alleging in particular a breach of the applicant’s private and family life with regard to her inability to have a child by means of IVF using the embryos she had previously deposited in a private clinic from which the embryos were seized as part of a criminal investigation by the state authorities and deposited at the Institute of Forensic Medicine, which was not authorised to function as a genetic bank.
- Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement)  EWHC 45 (Fam)
Final judgment in High Court of application by wife for financial orders under Part III of the Matrimonial and Family Proceedings Act 1984, dealing with issues of material non-disclosure by the husband, the treatment to be given to a post-nuptial agreement and an application by a third party for a charging order absolute against the husband.
- Kremen v Agrest  EWCA Civ 1266
Applications for permission to appeal the judgment in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement)
- L (Children)  EWCA Civ 721
Appeal against occupation order made excluding the husband from the former matrimonial home for 3 months where no recent violence alleged but finding that children were likely to suffer significant harm if parties did not separate. Appeal dismissed.
- L v M  EWHC 4299 (Fam)
Judgment with regard to disputed allegations in proceedings where the father had removed the children from the jurisdiction without the knowledge of the mother.
- Lawrence v Gallagher  EWCA Civ 394
Judgment of Court of Appeal relating to financial orders made following the dissolution of a Civil Partnership
- L-B (Children)  EWCA Civ 984
Court of Appeal decision concerning a judge’s power to alter a judgment following a fact-finding hearing after it has been handed down
- LB of Islington v Al Alas and Wray  EWHC 865 (Fam)
Care proceedings where the parents' second child had been removed at birth after the first child, who suffered from rickets, had died. The parents had been charged and cleared of his death. Held that the parents were not responsible for the death. The second child was ordered to be returned to the parents.
- Lilleyman v Lilleyman  EWHC 1056 (Ch)
Judgment on the issue of costs following the substantive decision in Inheritance Act claim in Lilleyman v Lilleyman.
- Lilleyman v Lilleyman  EWHC 821 (Ch)
Judgment in Inheritance Act proceedings brought by a wife against the estate of her late husband. The defendants were the husband’s two sons from an earlier marriage, who were both executors and principal beneficiaries under the husband’s will.
- LSdC (A Child)  EWHC 983 (Fam)
Residence dispute in which the father contended that the Portuguese court (which had been seised of the proceedings) retained jurisdiction whereas the mother wished the English courts to determine the matter.
- M (A Child)  EWCA Civ 1580
Appeal against fact-finding where the judge had found that one of the parents had caused injury to the child and the other had failed to protect, but could not say which parent had caused the injuries.
- M (A Child)  EWCA Civ 1905
Appeal by father against outcome of trial on basis of a breach of Article 6 rights where no protective measures were put in place contrary to the recommendations of an expert.
- M (A Child)  EWCA Civ 446
Court of Appeal judgment on appeal from the making of a s91(14) order. Appeal allowed.
- M (Children)  EWHC 1948 (Fam)
Judgment of Peter Jackson J regarding the imposition of a conditional residence order.
- MA v JA and the Attorney General  EWHC 2219 (Fam)
Application for a declaration under section 55(a) of the Family Law Act 1986 that a marriage which took place in a mosque was a valid marriage at its inception. Application granted.
- MA v LB of Camden & Ors  EWCA Civ 1340
Appeal of refusal to revoke placement orders in relation to children aged 6 and 4
- McC (A Child) (No 2)  EWCA Civ 166
Mother’s application for permission to appeal judgment on the basis of judge’s approach to the issue of low vitamin D levels and increased vulnerability to fractures in infant bones.
- McC (A Child)  EWCA Civ 165
Judgment on a preliminary application to adduce fresh medical evidence in the context of an appeal against final care and placement.
- McRoberts v McRoberts  EWHC 2966 (Ch)
Application in Chancery Division by husband for release, under s 281(5) of the Insolvency Act 1986, from bankruptcy debt arising from ancillary relief order. Application dismissed.
- MR v Habboo for Kent County Council  EWHC 4258 (Fam)
Judgment in fact finding hearing concerning a number of injuries to a 30 day old baby
- Musa & Ors v Holliday & Ors  EWCA Civ 1268
Appeal of award under the Inheritance (Provision for Family and Dependants) Act 1975 to deceased’ cohabitant and her adult son.
- N (A Child)  EWCA Civ 1086
Appeal by child's mother arguing that the English court has jurisdiction under its inherent jurisdiction, irrespective of the habitual residence or physical presence of a child, who is a British subject, in this jurisdiction.
- N (A Child)  EWCA Civ 1563
Appeal by parents against placement order made at an issue resolution hearing at which no evidence was heard and no submissions made on behalf of the parents. Appeal granted.
- N v A (Abduction from Pakistan)  EWHC 3954 (Fam)
Mother’s application for summary return to Pakistan of child.
- NHS Trust v Baby X  EWHC 2188 (Fam)
Proceedings under the inherent jurisdiction concerning withdrawal of treatment (other than palliative care) to a baby with profound and irreversible brain damage
- NHS Trust v D  EWHC 886 (COP)
Application by the Official Solicitor that the NHS Trust (the applicant in Court of Protection proceedings) pay half his costs – consideration of how the general rule for costs and the exceptions thereto apply to the Official Solicitor
- NLW v ARC  EWHC 55 (Fam)
Judgment of Mostyn J dealing with the procedure to be used when applying for permission to appeal a financial consent order and offering guidance on the court’s powers when determining such an application.
- O (A Child)  EWCA Civ 1576
Appeal of grant of leave to remove to Ireland – consideration of whether the child, aged 9, should be joined as a party in the appeal, or whether her updated wishes and feelings should be sought and reported on by the Cafcass High Court team.
- O (A Child)  EWCA Civ 1955
Appeal against order granting leave to remove, financial considerations relevant as well as welfare. Appeal dismissed.
- O'Farrell v O'Farrell  EWHC 123 (QB)
Decision of Tugendhat J sitting in the Queen’s Bench Division concerning enforcement of two German judgments against a serving soldier made in divorce proceedings in Germany in 2003.
- P (Children)  EWCA Civ 401
Appeal by parents against care and placement orders on the grounds of procedural unfairness. Appeal allowed.
- P v P  EWHC 1733 (Fam)
Application for an order for the CPS and for the Respondent to disclose material to the Applicant in the course of her application to set aside an ancillary relief order which she alleged had been procured by material misrepresentation.
- Pankhania v Chandegra  EWCA Civ 1438
Appeal of declaration that beneficial interest in co-owned property belonged to solely to the defendant, in a case where an express declaration of trust existed.
- Petrodel Resources Ltd & Ors v Prest & Ors  EWCA Civ 1395
Appeal by a number of companies concerning the court’s jurisdiction in financial remedy proceedings to order one party to transfer or cause to be transferred to the other, properties owned by the companies.
- PG v TW (No 1) (Child: Financial Provision: Legal Funding)  EWHC 1892 (Fam)
Mother’s application for interim costs in Schedule 1 to the Children Act 1989 case.
- PG v TW (No 2) (Child: Financial Provision) 
Mother’s application for orders under Schedule 1 to the Children Act 1989 including indemnity costs
- Prest v Prest  EWCA Civ 325
Application for permission to appeal the judgment of Moylan J in complex financial remedy proceedings where one of the issues was the circumstances in which it is possible to pierce the corporate veil.
- Quaintance v Tandan  EWHC 4416 (Ch)
An appeal of a decision under TOLATA 1996 for the determination of shares in a property
- R (A Child)  EWCA Civ 1783
Court of Appeal, allegations of sexual abuse, evidence before the Court limited to hearsay evidence from child, change in mother’s position following judgment, Art 6 rights.
- R (ota of Kadri) v Birmingham City Council  EWCA Civ 1432
Three appeals (with permission applications) re. age assessments of unaccompanied minors. Approach to be taken in cases of conflict between the assessments of local authority and The Sec. of State for the Home Department.
- R (R and Others (Minors) ) v CAFCASS  EWCA Civ 853
Appeal against dismissal of judicial review application contending that failure to appoint a children’s guardian in a timely manner constituted a breach of duty by CAFCASS and/or a breach of the children’s Human Rights.
- R (TT) v London Borough of Merton  EWHC 2055 (Admin)
Judicial review of local authority’s Special Guardianship Allowance policy. Policy held to be illegal.
- R v R  EWHC 2390 (Fam)
Financial remedy case where the husband contended that there should be a departure from equality on the basis of contributions and post-separation growth of a company formed during the marriage.
- R.P. and others v The United Kingdom  ECHR 1796
Application to the ECtHR by mother in care proceedings, claiming that her Article 6, 8 and 13 rights had been violated, partly as a result of the involvement of the Official Solicitor. Held that there had been no violation.
- Re M (Children)  EWCA Civ 1710
Appeal from findings of non-accidental injury in a case where the extent of her “spectacular” cranial fracturing was said by the experts to be inexplicable given her lack of accompanying brain injuries.
- Re A (A Child)  EWCA Civ 1477
Application for permission to appeal a refusal to re-open a fact-finding hearing on the basis that the injuries to the child were caused by rickets. Application refused.
- Re A (Disclosure of Third Party Information)  EWHC 180 (Fam)
The applicant father in contact proceedings sought disclosure of the identity of a third party (“X”) who had made allegations of sexual abuse against him and he also sought details of those allegations and medical evidence pertaining to X’s mental and physical health.
- Re A (Interim Contact - Observations on Parents)  EWHC 4273 (FAM)
Acrimonious dispute concerning contact arrangements for the parties’ four year old child
- Re AA (A Child)  EWHC 2647 (Fam)
Fact finding in care proceedings where the two elder children died 12 weeks apart while in the mother’s sole care. Post mortems failed to ascertain the cause of death. Court held that it was not proved that the mother had smothered the children, despite this being the conclusion of the expert paediatrician.
- Re AA  EWHC 4378 (COP)
Application under the Mental Capacity Act 2005 for a declaration that an expectant mother lacked capacity to consent to medical treatment relating to the delivery method of her baby, as well as in relation to her ante-natal and post-natal treatment. Declaration granted.
- Re Ali  EWHC 2302 (Admin)
Applications for declarations of beneficial interests in a number of properties by various family members of the husband, such claims being opposed by a receiver appointed to enforce a confiscation order.
- Re B (A Child)  EWCA Civ 1742
Court of Appeal. Appeal against findings of fact made in private law residence application on the basis that the mother’s presentation of her case had been unduly limited by the court in the exercise of its case management powers. Appeal allowed, case remitted.
- Re C  EWHC 907 (Fam)
Proceedings consequent upon an unsuccessful application in the English court for the return of a child to Belgium under the Hague Convention 1980 and the subsequent decision by a Belgian court that the child should be summarily returned. Held that the Belgian order should not be enforced.
- Re CA (A Baby)  EWHC 2190 (Fam)
Hedley J provides guidance as to the duty of a social worker to be satisfied that the person consenting to a section 20 accommodation of a child by the local authority has capacity to do so, is fully informed and that there are reasonable grounds for removal, with such removal being proportionate.
- Re E (Medical Treatment Anorexia)  EWHC 1639 (COP)
Proceedings concerning capacity and continued medical treatment and whether it would be in the interests of a severely malnourished adult suffering from anorexia nervosa to be fed, forcibly, if necessary.
- Re G  EWCA Civ 1233
Application for permission to appeal the making of (1) a specific issue order in relation to the education of five children from the Chareidi community of ultra orthodox Jews; (2) a residence order in favour of the mother. Permission refused in relation to the residence order. Permission granted in relation to the education specific issue order but the appeal dismissed.
- Re H (Children)  EWCA Civ 1797
Appeal by father in private law children proceedings against the decision to discharge his McKenzie friend. Appeal dismissed. Consideration given to the guidance concerning the involvement of McKenzie friends.
- Re I (Habitual Residence)  EWHC 3363 (Fam)
High Court application for residence and prohibited steps orders and orders under the inherent jurisdiction. Judgment on the preliminary issue of habitual residence to determine the jurisdiction of the court.
- Re J (a child) (Learning Disabled Parent) 
Local Authority application for a supervision order in respect of a child
- Re J (A Child)  EWHC 3353 (Fam)
Application for a declaration recognising the validity of a foreign adoption order. Application granted.
- Re J (Children)  EWCA Civ 1511
Applications for permission to appeal (1) an order under the Hague Convention for return of children to Spain and (2) the refusal to grant the children party status within proceedings to enforce the order.
- Re J (Children)  EWCA Civ 380
Appeal by local authority against the dismissal of care proceedings in respect of three children where the facts relied upon by the authority were findings in earlier proceedings involving the mother in which the perpetrator of harm to her child had not been identified. Appeal dismissed.
- Re JS  EWHC 1370 (Fam)
Fact finding hearing in care proceedings involving non-accidental intra-cranial injuries to a 15 week old child in which Baker J considered medical evidence from six leading experts.
- Re K (Children)  EWCA Civ 1169
Application for permission to appeal interim care orders subsequent and Special Guardianship Orders relating to two children; permission granted.
- Re K (Children)  EWCA Civ 1549
Appeal concerning the jurisdiction of the court to make sequential orders under Section 37 and 38 Children Act 1989 within private law proceedings. Secondary issue of judicial bias also considered. Appeal dismissed.
- Re K and HH (Children)  EWHC 4027 (Fam)
Fact-finding hearing into the cause of death of baby – finding that death was caused by non-accidental head injury and that there were further, earlier, non-accidental rib fractures
- Re KH (A child)  EWHC B18 (Fam)
Application by an NHS Trust for declarations in relation to the best interests of a severely disabled child and, in particular, as to his medical treatment in the event that his condition should deteriorate. Declaration granted as the nature of treatment which he might receive.
- Re L  EWHC 3069 (Fam)
Application by Father for residence order; application by Mother for residence order and leave to remove the child permanently from the jurisdiction.
- Re R (A Child)  EWHC 2956 (Fam)
Application for recognition in this jurisdiction of an Indian adoption. Application granted.
- Re R (Children)  EWCA Civ 687
Appeal against judgment refusing permission to instruct an expert concerning the possible cross-transmission to a child of a sexually transmitted disease. Appeal dismissed.
- Re SK  EWHC 1990 (COP)
Application by the parties in personal injury proceedings concerning the quantum of damages be awarded to a brain damaged claimant for joinder to Court of Protection proceedings concerning his placement and rehabilitation
- Re X and Y (Children)  EWCA Civ 1500
Appeal against the variation of a reporting restriction order permitting the publication the Executive Summary of a Serious Case Review in redacted form. Appeal allowed.
- Re Z (Adoption: Scottish Child Placed in England: Convention Compliance)  EWHC 2404 (Fam)
Application for an adoption order, opposed by the parents on the grounds that the Scottish legal process leading to a placement order breached Arts 6 and 8 of the ECHR. Application granted.
- S (A Child)  EWCA Civ 1031
Father’s appeal against a residence order that had been granted to the mother. Appeal dismissed.
- S (A Child)  EWCA Civ 1915
Interim removal from family member following adjournment of fostering panel decision for approval. Findings made by Recorder unsupported by evidence. Child remained in placement under IRO and ISO.
- S (A Child)  EWCA Civ 617
Appeal in private law contact case in which Cafcass officers disagreed as to whether there should be supervised contact but where commencement of supervised contact had been ordered without oral evidence from the Cafcass officers.
- S v S  EWHC 2960 (Fam)
Wife’s application for permission to appeal a financial award on the grounds that the District Judge had erred in failing to transfer a property to her and that the costs award did not properly reflect the Husband’s alleged litigation misconduct.
- S v Z  EWHC 846 (Fam)
M granted permission to remove the child permanently to Tanzania despite a contrary recommendation by Cafcass.
- SB v A Local Authority & Ors  EWCA Civ 1269
Appeal by father against findings of fact in care proceedings. Appeal dismissed.
- S-C (Children)  EWCA Civ 1800
Unsuccessful appeal by a mother against a decision to grant placement orders in respect of two younger siblings from a seven sibling group where the care plan for the older five siblings was long-term fostering.
- Sharbatly v Shagroon  EWCA Civ 1507
Appeal allowed, upholding the decision in Asma Dukali v Mohamed Lamrani namely that an application under Part III MFPA 1984 could only succeed if the marriage is recognisable under English law as a valid, or at least a void marriage.
- Shirt v Shirt  EWCA Civ 1029
Appeal concerning a dispute between a father and son as to the legal and beneficial entitlement to a farm. The Master of the Rolls also comments upon issues relating to judges correcting transcripts of their judgments.
- Singh v Singh & anor  EWHC 615 (Ch)
Action claiming that there was a constructive trust affecting all property held in the name of the claimant’s son arising from the Hindu Joint Family System and the principles of Mitakshara and that his interest in that trust had been severed.
- SJ v JJ  EWHC 931 (Fam)
Further judgment in respect of a child removed by the mother to Poland. Residence order made in favour of the mother with contact to the father in both Poland and the UK.
- Slater v Condappa  EWCA Civ 1506
Appeal by former cohabitant against the dismissal of her claim to a beneficial interest in a property purchased by the respondent and in which the couple lived. Appeal dismissed.
- Suffolk CC v Nottinghamshire CC  EWCA Civ 1640
Special Guardianship – responsibilities of Local Authority initiating proceedings and Local Authority where the child lives.
- Suggitt v Suggitt & Anor  EWCA Civ 1140
Appeal concerning a claim based upon proprietary estoppel by a son in connection with his father’s farm
- Surrey County Council v Al-Hilli & Others (4)  EWHC 4394 (Fam)
Application by the police (opposed by the local authority and the guardian) to be joined as a party to care proceedings
- T (Children)  UKSC 36
Supreme Court appeal concerning the liability of a local authority to pay the costs of a party to care proceedings. Held unanimously that the general practice of not awarding costs in care proceedings against a party, including a local authority, in the absence of reprehensible behaviour or an unreasonable stance, should not be subject to an exception in the case of discrete fact-finding hearings.
- T v T (Anti-arbitration injunction)  EWHC 3462 (Fam)
Application by wife for an Hemain order stopping the husband from progressing arbitration in State A in the USA pursuant to a pre-marital agreement while the wife’s proceedings in England were awaiting a decision on the husband’s application for a stay. Application dismissed. The court found that the husband was not behaving vexatiously or oppressively by invoking the arbitration clause in the pre-marital agreement.
- T v T  EWHC 2877 (Fam)
Children proceedings concerning the jurisdiction in which issues relating to the welfare of two children should be determined following their permitted removal to the Republic of Ireland by the mother subsequent to a 'shared residence' order. Held that this country had jurisdiction.
- Tchenguiz -Imerman v Imerman  EWHC 4277 (Fam)
Application for party status by the husband’s adult children, who were beneficiaries of offshore trusts, which were subject to an application for variation of post-nuptial settlement
- The X Primary Care Trust v XB and Anor  EWHC 1390 (Fam)
Court of Protection proceedings concerning validity of an advance decision made by XB, an adult suffering from motor neurone disease, to have his ventilation removed.
- Thomas v Jeffrey and Others  EWCA Civ 693
Appeal against a costs order in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal allowed.
- Thompson v Hurst  EWCA Civ 1752
Appeal against declaration of beneficial interests in respect of property in sole name. Appeal dismissed.
- Tower Hamlets London Borough Council v MK  EWHC 426 (Fam)
Care proceedings involving issues of jurisdiction, paternity and s.38(6) applications
- VC v GC  EWHC 1246 (Fam)
Private law case. Child habitually resident in England. F sought to rely on exception in Article 12(1)(b) Brussels II Revised to stay English proceedings and for matters to be dealt with by French court. Held M had not unequivocally accepted French jurisdiction and even if Judge wrong in reaching that conclusion, best interests of child were met by hearing being conducted in England.
- VK v JV  EWHC 4033 (Fam)
Application by the father pursuant to the Hague Convention for the return of two children, SK and AK, to Latvia. Held that the father had consented to the removal from Latvia of AK but that the removal of SK from that country was wrongful.
- W (A Child)  EWCA Civ 106
Father’s appeal against the making of an interim care order in care proceedings concerning a 14-month old child, H.
- W (A Child)  EWCA Civ 1828
Appeal against a final care order and adoption order on the basis that the decision was plainly wrong.
- W (Children)  EWCA Civ 1307
Appeal by mother against an order refusing her application to reopen a fact-finding which had been scheduled to take place in 2009. Appeal dismissed.
- W (Children)  EWCA Civ 1767
Application by father for permission to appeal against the refusal of a contact order. Application refused.
- W (Children)  EWCA Civ 1788
Appeal against an order that there should be no direct contact between a father and children. Appeal dismissed.
- W (Children)  EWCA Civ 528
Appeal by mother in private law contact proceedings against refusal of a psychological assessment or Cafcass report and extension of interim contact, following findings of domestic violence.
- W (Children)  EWCA Civ 999
Appeal by father against an order for no contact to his daughters A, aged nine and B aged six
- W v M (TOLATA Proceedings; Anonymity)  EWHC 1679 (Fam)
Application in TOLATA proceedings that in those proceedings at the main hearing, and in the final judgment, all relevant people and places should be anonymised. Following settlement of the main action, order granted that the judgment should be anonymised.
- W v W  EWHC 2469 (Fam)
Judgment in final hearing of financial remedy with CPS intervening – confiscation order made prior to final hearing – wife with no knowledge of husband’s fraud – consideration of extent of wife’s beneficial interests in properties held by the parties and the extent of untainted assets available to meet W’s claims.
- W-B (A Child)  EWCA Civ 592
Appeal as to whether proceedings, concerning the residence of the parties’ child, should take place in Scotland, where she now lived with the mother, or England. Appeal allowed.
- WBC v CP & Ors  EWHC 1944 (Costs)
Application by the brother of a vulnerable adult for a costs order against a Local Authority - consideration of the principles which apply.
- X v X  EWHC 538 (Fam)
Judgment following final hearing in a settled financial remedy case, giving guidance as to the preparation and presentation of such cases.
- X v Y and Z Police Force  EWHC 2838 (Fam)
Mother’s application for summary return of children to Australia after abduction by the father, who had been employed as an undercover police officer and submitted that it was unsafe for the family to return. Defence of Article 13(b) established. Child objected and court should exercise its discretion not to return him. Application dismissed.
- Y County Council v ZZ  EWHC B34 (COP)
Application in Court of Protection for declarations as to litigation capacity and capacity to decide on restrictions relating to supporting residence and care of a 22 year old man who has a learning disability
- Y v Y  EWHC 2063 (Fam)
High Court. Financial remedy case, involving inherited assets, determined on 'needs' basis. Wife awarded a limp sum of £8.7 million, equalling 32.5% of the net assets
- Yates v Yates  EWCA Civ 532
Appeal of a financial remedy order which had extended and capitalised spousal periodical payments.
- Young v Young  EWHC 138 (Fam)
Application by the husband in financial remedy proceedings for the return of his passport which had been impounded by the court pursuant to earlier orders. Application dismissed.
- Z (A Child)  EWHC 139 (Fam)
Application by mother for a residence order in respect of the parties' daughter and for permission to relocate her from UK to Australia. Applications granted. Payne v Payne (2001) and K v K (2011) considered.
- Z v A  EWHC 1434 (Fam)
Application under Part III of the Matrimonial and Family Proceedings Act 1984: the correct approach in truly “international” cases; independent wealth and separate finances; short marriage; needs
- ZA & Anor v NA  EWCA Civ 1396
Appeal from an order for the return of four children from Pakistan in which habitual residence was a central issue.
- Zuk v Zuk  EWCA Civ 1871
Appeal allowed against an order committing the Appellant to prison for 9 months for having failed to pay a lump sum to his former Wife following contested ancillary relief proceedings.