The list below is of key judgments published this year. Click the folders on the left hand side to browse the archive of judgments now available on the site since we started publishing in 2005.
- Newcastle upon Tyne Hospitals Foundation Trust v LM  EWHC 454 (COP)
Application in the Court of Protection for a declaration that it would be lawful to withhold blood transfusion from a patient who was a Jehovah's Witness.
- S v S  EWHC 575 (Fam)
Father’s successful application, pursuant to the inherent jurisdiction of the court, for the summary return of his two year old child to Bermuda after the mother had retained the child in this jurisdiction following a holiday.
- N v K (No 2)  EWHC 507 (Fam)
Judgment explaining the mechanics of international judicial liaison, and why it has thus far failed in this case.
- Ilott v Mitson & Others  EWHC 542 (Fam)
Appeal by an estranged daughter under the Inheritance (Provision for Family and Dependants) Act 1975 against quantum of award made at first instance. Appeal dismissed.
- B-G (A Child)  EWHC 444 (Fam)
Application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008
- Surrey CC v ME and Others  EWHC 489 (Fam)
Application for a reporting restriction order in respect of five young people or children subject of care proceedings where the father of the three youngest children has been killed and criminal proceedings have been commenced in respect of that death.
- Mann v Mann  EWHC 537 (Fam)
Judgment in financial remedy proceedings in which the husband had failed to make payments agreed under the Court of Appeal mediation scheme. The wife issued a statutory demand in respect of the sums owed but the demand was withdrawn on the agreement that the matter was be resolved by further mediation. Such mediation did not take place, each party blaming the other. Ungley Order made.
- Re S (A Child)  EWCA 135
Appeal by father against care and placement orders on the basis that the orders were not compliant with Re B-S. Appeal allowed, interim care order substituted and case remitted for further consideration. Costs awarded against the local authority.
- Luckwell v Limata  EWHC 536 (Fam)
Husband’s application within financial remedies proceedings for the wife’s father to be excluded from court during part of the cross-examination of the wife.
- Luckwell v Limata  EWHC 502 (Fam)
Financial remedies case involving consideration of the weight to be attributed to a pre-marital agreement as well as whether the hearing should take place in public
- Y (A Child: Private Law: Fact Finding)  EWHC 486 (Fam)
Fact finding hearing in private law proceedings brought by the father for contact. Allegations made by parents against each other.
- MW (A Child)  EWHC 385 (Fam)
Application for leave to apply for an adoption order in respect of a child who is 17: s.42 Adoption and Children Act 2002.
- SAB (A Child)  EWHC 384 (Fam)
Application by father for contact with his child who was living with the mother and her civil partner. Dispute as to whether the father intended only to be a sperm donor.
- Re M (A Child)  EWCA Civ 152
Appeal involving consideration of Article 15 Brussels II Revised and when requests to member states to assume jurisdiction ought to be made
- SA v PA (Pre-marital agreement: Compensation)  EWHC 392 (Fam)
Financial remedies case in which the Husband contended that the parties were bound by a Dutch pre-marital agreement and the wife argued for a compensatory payment by virtue of her having given up a high powered career
- Re J and K (Children: Private Law)  EWHC 330 (Fam)
Judgment in long-running private law children proceedings involving issues of parental responsibility, residence and contact in respect of twin boys, detailing the measures which helped to resolve it.
- Grocholewska-Mullins v Mullins  EWCA 148
Appeal by wife in financial remedy proceedings where the court had ordered payment by the husband, in three instalments, of a capitalised sum of £300,000 in lieu of periodical payments; appeal as to the staging of the instalments. Appeal allowed and order varied to effect the husband's offer to make continuing periodical payments.
- Hope v Krejci  EWHC B5 (Fam)
Application by wife for committal of husband for contempt of court arising from his failure to comply with financial remedy orders. Contempt proved and committal to prison ordered but suspended pending payment of outstanding sums to the wife.
- Harrow v Afzal  EWHC 303 (Fam) (sentencing remarks)
Sentencing remarks of Keehan J in case involving contempt of court by maternal grandfather in proceedings involving a 3 month old baby who had been unlawfully removed from the jurisdiction
- Harrow v Afzal  EWHC 303 (Fam)
Application by local authority in which it was alleged that grandparents were in contempt of court for not providing relevant information and/or securing the return of a baby who had been removed from the jurisdiction
- A Local Authority v Mrs D & Another  EWHC B34 (COP)
Judgment approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998, which included a sum in damages, for alleged breaches of a party's rights under Articles 5 and 8 ECHR.
- Prospective Adopters v IA & Others  EWHC 331 (Fam)
Application by father on the basis of a change of circumstances caused by judgments in Re B and Re B-S for (i) permission to oppose the making of an adoption order and/or (ii) stay of the application pending determination of his application to the ECtHR. Permission to oppose the adoption order granted and consequently application for stay dismissed as unnecessary.
- Ray v Sekhri  EWCA Civ 119
Appeal by husband against an order that the court in England and Wales has jurisdiction to entertain a divorce petition issued by his wife on the grounds, he claimed, that neither party was habitually resident or domiciled in the jurisdiction on the date that it was issued. Appeal dismissed.
- Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons)  EWHC 270 (Fam)
Appeal by a mother against the interim removal of her newborn baby
- SA v BN  EWHC 4417 (Fam)
Application by father for parental responsibility and contact in respect of his 3 year old daughter, requiring a determination as to whether the child is alive or, as the mother and maternal grandfather asserted, the child had died.
- Swansea v XZ & Anor  EWHC 212 (Fam)
Application by local authority to extend a reporting restriction order.
- RK v SV  EWHC 4386 (Fam)
Father’s application for extended contact and rescission of an order granting the mother leave to remove the child from the jurisdiction (he sought a residence order at the final hearing)
- Re C (A Child)  EWCA Civ 70
Second appeal to Court of Appeal in public law proceedings - appeal allowed on the basis of procedural irregularities involved in the first appeal from District Judge of the Principal Registry to High Court Judge
- K v B  EWHC
Application under the Hague Convention by mother for the summary return of her son, aged 15 years 6 months, to Hungary following his wrongful retention by the father. In view of the child's objections to a return, the application was declined.
- Re P (Findings of Fact)  EWCA Civ 89
Appeal against finding that a child had suffered a non-accidental injury where perpetrator’s lies were used to bolster equivocal medical evidence. Consideration of interplay between medical and non-medical evidence in NAI cases.
- S v S  EWCA Civ 95
Wife’s appeal against Bennett J’s dismissal of her application to resume the hearing of her financial provision claim, following the parties reaching settlement on terms, which the Wife claimed were vitiated by the Husband’s material non-disclosure Moore-Bick LJ and Macur LJ dismissed the appeal, with Briggs LJ delivering a dissenting judgment.
- Re D (A Child)  EWHC 121 (Fam)
Fact finding hearing in care proceedings in respect of an oxygen-dependent child in order to determine whether the oxygen supply had been turned off and, if so, by whom. Consideration as to the principles to be applied in such cases.
- S (A Child)  EWCA Civ 1835
Appeal by mother against care order and authorisation to place S for adoption. Permission to appeal refusal of application for direct contact with Y. Appeal dismissed and permission to appeal refused.
- RC v CC & Anor  EWHC 131 (COP)
Appeal of refusal to allow the Applicant in Court of Protection proceedings (biological mother of the incapacitated adult in question) to see social work statements prepared for the purpose of the proceedings.
- Great Western Hospitals NHS Foundation Trust v AA & Ors  EWHC 132 (Fam)
Application by hospital trust to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to serious medical treatment for a pregnant protected party. Declaration granted.
- RO v A Local Authority & Ors  EWHC 97 (Fam)
High Court application for placement order and permission to place a child with relatives in the USA. Application arising following previous judgment dismissing father’s application for residence following death of the mother Case linked to RO v A local authority and Ors  EWHC B31 (Fam)
- RO v Local Authority & Others  EWHC B31 (Fam)
High Court applications by father for residence and contact – mother deceased
- Re X, Y and Z  EWHC 87 (COP)
Conjoined care proceedings and Court of Protection proceedings concerning three children of a woman lacking mental capacity, in which care orders were made in respect of the children and the mother's deputy was authorised to make payments to the children's nanny from the mother's trust fund.
- Shield v Shield  EWHC 23 (Fam)
Financial remedies preliminary issue hearing to determine whether the husband held a shareholding in the family business on trust for his son (the intervenor) and whether the shares were available as a resource of the husband
- IM v LM & Others  EWCA Civ 37
Appeal by mother of an adult woman against a decision that she did have capacity to consent to sexual relations. Appeal dismissed.
- Re E  EWCA Civ 1614
Appeal by mother against care and placement orders made in respect of her youngest child. Held that adoption was not a proportionate outcome. Accordingly, the appeal was allowed, the adoption order was set aside and the care order was replaced with an interim care order.
- 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
- Re S (A Child)  EWCA Civ 25
Consideration by the Court of Appeal of the appropriate use of split hearings within public law children proceedings.
- Makarskaya v Korchagin  EWHC 4393 (Fam)
Interim hearing within financial remedy proceedings in respect of the wife’s claims for maintenance pending suit and a Legal Services Order
- Divall v Divall  EWHC 95 (Fam)
Case concerning the question of jurisdiction to hear a divorce petition on the grounds of domicile of the wife
- BN v MA  EWHC 4250 (Fam)
The court considers the effect of a prenuptial agreement on a wife’s applications for maintenance pending suit, interim periodical payments for a child, and legal services provision
- Jefferson v O'Connor  EWCA Civ 38
Appeal by wife against of stay of English divorce proceedings following agreement by the parties that she should abandon the English proceedings. Held, applying Art 19 of Brussels IIR, that the enforcement of any agreement as to jurisdiction was prohibited. Appeal allowed.
- Re G (A Child)  EWHC 4017 (Fam)
Application by mother to vary an agreed order made in England concerning the shared residence of her child where there were subsequent proceedings in Italy. The court held that the original English proceedings had been concluded and that the Italian court might have jurisdiction and be properly seised. Accordingly, the later English proceedings were stayed.
- A Local Auth v DG & Others  EWHC 63 (Fam)
Care proceedings where the father of a child, aged 3, has been charged with the murder of the mother. Criticism made by the judge of the parties’ failure to comply with court directions and guidance given as to the interplay between care proceedings and linked and concurrent criminal proceedings.
- Z v Y  EWHC 3381 (Fam)
Application by father under Hague Convention 1980 for the return of child, aged 13. Mother opposed the application on grounds of the child’s objections and grave hardship / intolerability. Application granted.
- L (A Child)  EWCA Civ 1778
Appeal against a judge’s decision that a 13-year old who alleged sexual abuse should not give evidence at a fact-finding hearing of those issues. Appeal allowed on procedural grounds.
- Bidaki v Najafabadi  EWCA Civ 1760
Application by husband for permission to appeal against, inter alia, the refusals of a stay of contested divorce proceedings in England on the basis of ongoing Iranian proceedings and of an adjournment on the basis of the husband’s illness during the hearing. Application refused.
- A Local Authority v M & Others  (11 01 13)
Second fact-finding concerning injuries to a child who suffered from rickets as a result of Vitamin D deficiency. Medical expert evidence considered. Held that there was insufficient evidence to determine that the injuries to the child were non-accidental.
- Agarwala v Agarwala  EWCA Civ 1763
Appeal against determination in the county court that the appellant held a property on trust for the respondent. Appeal dismissed.
- Morris v Donaldson  EWHC 4257 (QB)
Application by former cohabitant for orders concerned with the removal of his property from the defendant's home.
- Re Ramet Application for the Committal to Prison  EWHC 56 (Fam)
Committal of father for contempt of court on account of his violence in courtroom during family proceedings. Consideration of effect of sentence in criminal proceedings for assault occasioning actual bodily harm and common assault.
- H v W  EWHC 4105 (Fam)
Appeal in financial remedy proceedings against an award in favour of a wife which included 25% of the husband's future bonuses. Appeal allowed and cap imposed of £20,000 pa.
- Re UF  EWHC 4289 (COP)
Judgment in Court of Protection proceedings concerning an 84 year old woman detained under an authorisation by the court so that she was no longer eligible for non-means tested legal aid.
- MET v HAT  EWHC 4247 (Fam)
Application by wife for interim financial provision for herself and two children in proceedings in which the parties dispute the validity of a non-proceedings divorce, in the husband's home country, entitled to recognition in this country.
- Mulcahy v Castles Solicitors  EWCA Civ 1686
Appeal against claim for professional negligence of solicitors in ancillary relief proceedings. Appeal dismissed.
- S v S  EWHC 7 (Fam)
Application for approval of a consent order intending to give effect to an arbitral award following arbitration conducted under the Institute of Family Law Arbitrators scheme.
- Re E (A Child)  EWHC 6 (Fam)
Judgment of the President of the Family Division dealing with the court’s approach to care proceedings concerning children from other European countries, and to reporting restriction orders in such cases.
- In the Matter of LC (Children); In the Matter of LC (Children) (No 2)  UKSC 221
Supreme Court judgment as to whether in Hague Convention 1980 proceedings the court may take account of a child's state of mind in determining his habitual residence; and whether the child should made be made a party to the proceedings.
- Kinderis v Kineriene  EWHC 4139 (Fam)
Judgment in proceedings arising from an application by the father for the return to Lithuania of his child who had been brought to the UK by the mother, without the father’s consent. Issues arising as to the mother’s need of legal representation and its funding.
- R v R and Others  EWHC 4244 (Fam)
Judgment by the President of the Family Division continuing an injunction against the husband in financial remedy proceedings by which he was restrained from competing with the family company of which he was a shadow director.
- Re DF and GF  EWHC 2607 (Fam)-1
Hearing to decide whether a placement order or a special guardianship order should be made in relation to a family placement.
- A Local Authority v C  EWHC 4036 (Fam)
Local Authority applications for without notice declarations pursuant to the inherent jurisdiction concerning an unborn child about whose safety following birth the Local Authority had concerns.
- Re J & R (Children)  EWHC 4100 (Fam)
Application by parents within a Placement Order application to adduce further medical evidence to challenge findings against them that they had caused non-accidental injury to their son.
- Hertfordshire County Council v H  EWHC 4049 (Fam)
Application by local authority to withdraw care proceedings in circumstances where threshold not met.