Home > Judgments > 2010 archive
- A Chief Constable v A  EWHC 3282
An expert specialising in forced marriage and “honour violence” cases was satisfied that A wished to regularise her marriage. Consent order duly approved. The President stressed the importance in such cases, of a suitable expert meeting with the person subject to the proceedings to enable the court to make a realistic assessment, pursuant to section 63A (2)Family Law Act 1996, and emphasised the importance of independent representation.
- A County Council v MB  EWHC 2508 (COP)
Declaration sought by an 80 year old woman (MB) with severe Alzheimer’s that she was unlawfully deprived of her liberty after expiration of a standard authorisation given under Schedule A1 to the Mental Capacity Act 2005 and prior to the making of an order under s.16 MCA authorising her deprivation of liberty at a residential home. Declaration granted.
- A County Council v SB  EWHC 2528 (Fam)
Disclosure of expert’s assessment as to honour related abuse in care proceedings. Held that the assessment should be disclosed and that disclosure is ‘the rule; not the exception’.
- A Local Authority v A  EWHC 1549 (Fam)
Interim application in the Court of Protection for declarations as to the capacity and best interests of a vulnerable adult woman. Application refused.
- A Local Authority v A  EWHC 28 (Fam)
Fact finding hearing concerning cardio-respiratory arrest suffered by baby while in her mother’s care in hospital.
- A Local Authority v A and another  EWHC 978
Two linked cases in the Court of Protection. Declarations made that neither patient was being deprived of their liberty.
- A Local Authority v DL  EWHC 2675 (Fam)
High Court has jurisdiction by virtue of its inherent jurisdiction and under s.222 Local Government Act 1972 to protect vulnerable adults not suffering from mental health disorder or lack of capacity.
- A v Independent News & Media  EWCA Civ 343
Appeal by the Official Solicitor against order allowing the press limited access to hearings under the Mental Capacity Act 2005 involving a gifted, well known but severely disabled adult. Appeal dismissed.
- A v L  EWHC 460 (Fam)
Contested petition for divorce by wife on grounds of unreasonable behaviour. Application by husband for adjournment pending release of funds on account of litigation costs refused. Decree nisi granted.
- A v London Borough of Lambeth  EWHC 2439 (Admin)
Judicial review claim against local authority regarding its alleged failure to assess the needs of a child leaving care. Held the Local Authority’s plans did not set out the Claimant’s likely needs in sufficient detail nor did they explain how, and by whom those needs would be met.
- A v Ward  EWHC 16 (Fam)
Judgment arising from applications concerning disclosure of information about the medical evidence presented in care proceedings and the anonymity of the expert witnesses where the parents had been exonerated as perpetrators of non-accidental injury. The judge ruled that s12 of the Administration of Justice Act can be disapplied and rejected applications for anonymity of the professionals involved to be preserved.
- A v Ward  EWHC 538 (Fam)
Judgment arising out of written request by BBC to clarify an order disapplying s12 of the Administration of Justice Act to allow parents wrongly involved in care proceedings to publicise their experiences. The order was amended under the slip rule.
- AA v NA and Kab  EWHC 1282
Appeal against a fact finding decision arising in private law residence and contact proceedings. Appeal allowed.
- Agbaje v Akinnoye-Agbaje  UKSC 13
Appeal to the Supreme Court by wife in ancillary relief proceedings under Part III of the Matrimonial and Family Proceedings Act 1984. Appeal allowed unanimously and the order of the High Court restored.
- Ahmed v Khan  EWCA Civ 290
Applications for permission to appeal by husband and associates refusal to strike out wife's pleadings that shares and assets in family companies were held on constructive trust for the husband. Applications refused.
- Al-Saedy v Musawi  EWHC 3293
High Court judgment in defended divorce proceedings on the questions issues of (i) whether as a matter of fact the parties had been married and (ii) if they were not married, whether as a matter of law a valid marriage could be presumed.
- Ambrosiadou v Coward  EWCA Civ 1456
Applications in the Court of Appeal relating to a permission to appeal the refusal to continue an injunction concerning the disclosure of confidential information pertaining to the parties’ personal and business relationship. No order made.
- Amin v Amin (supplemental)  EWHC 528 (Ch)
Judgment in quantum meruit claim concerning services provided by daughter to family company. The claimant was awarded £105,000.
- Amin v Amin  EWHC 827 (Ch)
Costs judgment arising out of complex litigation over family businesses which had involved issues of quantum meruit, determination of beneficial interests in the family home and related occupation rent.
- AP v TD  EWHC 2040
Application by father to enforce in the High Court a contact order made by consent in England, with mother, who had relocated to Canada, contesting jurisdiction. Held, the court had jurisdiction pursuant to Brussels II Revised.
- Ashby v Killduff  EWHC 2034 (Ch.)
TOLATA proceedings. Held that one property was not held in trust for the claimant but the claimant should receive some benefit by way of proprietary estoppel by virtue of contributions to renovations. The jointly owned investment property was (post severance of the joint tenancy) held as tenants in common subject to a trust that the claimant was responsible for all outgoings but entitled to income from it during his lifetime.
- AVS v A NHS Foundation Trust  EWHC 2746 (COP)
At a directions appointment, a stage of ‘the utmost importance’, the Court of Protection has to identify the issue to be determined, decide upon the evidence required to resolve the issue and examine the evidence in light of the COPR 2007, the overriding objective and the duty under ECHR Article 6 to legislate for a fair hearing.
- B (A Local Authority) v AM  EWHC 3802 (Fam)
The Court considered the issue as to whether the court on an application for a care order in respect of a young person aged 17 with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act 2005 rather than the Children Act 1989.
- B (Children)  EWCA Civ 324
Application by mother for permission to appeal, with appeal to follow, interim care orders made to allow for assessment away from the mother's home. Application dismissed.
- B (Children)  EWCA Civ 363
Appeal against refusal to allow the Official Solicitor to appoint an expert child and family psychiatrist when acting as guardian for parents in care proceedings. Appeal allowed.
- B v B  EWHC 193
Ancillary relief case where the principal issue was the extent to which substantial post-separation income should be brought into account in assessing the wife’s award.
- B v B  EWHC 3422
Ancillary relief. Husband named beneficiary of discretionary trust funds. Extent to which those were “financial resources” available to him. Wife sought award of £6.5m; husband proposed award of £3m. Wife awarded £4.5m, and substantial contribution to costs.
- Brookes v Sec of State for Works and Pensions  EWCA 420
Judicial Review application re Child Maintenance and Support Commission’s decisions to instruct bailiffs/apply for committal/disqualification for assessed arrears where the welfare of children of the family may be affected and alleging breach of Article 8 ECHR. Application refused.
- Butt v Butt  EWHC 1989
Application to determine the jurisdiction of the English courts to vary or discharge a contact order. Brussels II Revised. Held that the child’s best interests were served by the German courts having jurisdiction.
- C (A Child)  EWCA Civ 89
Application by mother for permission to appeal, with appeal to follow, an order allowing staying contact for her child with the paternal grandparents where the father had been found to have been guilty of sexual misconduct with his son. Application granted and appeal allowed.
- C (Children)  EWCA Civ 239
Application by father for permission to appeal, with appeal to follow, order in private law proceedings requiring him, at a scheduled hearing, to disclose information relating to communications and meetings with his local MP. Application granted, appeal refused.
- C v S  EWHC 2676 (Fam)
Husband’s appeal against the assumption of jurisdiction by court in England where the wife had previously petitioned for judicial separation in Italy. Question raised as to whether the order of the Italian court which declared the wife’s petition void had the effect of bringing those proceedings to an end. Appeal dismissed.
- CF v KM  EWHC 1754
Jurisdictional issue on appeal as to whether the court has power, where a child maintenance calculation below the maximum assessment is in place, to make a payment for the benefit of the child in respect of legal fees of Schedule 1 Children Act 1989 proceedings and/or other proceedings ( s. 8 proceedings). Held: the court does have jurisdiction.
- CG v IF  EWHC 1062
This case dealt with an application by a Husband pursuant to section 13 of the Matrimonial & Family Proceedings Act 1984 for leave to make an application for financial relief following a Swiss divorce. Application dismissed.
- Chief Constable and another v YK and others  EWHC 2438 (Fam)
Proceedings concerning the nature of a forced marriage protection order and the use of special advocates in proceedings under the Forced Marriage (Civil Protection) Act 2007
- CJ v Flintshire CC  EWCA Civ 393
Appeal by father, who was imprisoned for breaches of an injunction in care proceedings not to contact any of his daughters who were still minors, against refusal to order immediate discharge from prison . Appeal dismissed.
- CMEC v Beesley & Wyman  EWHC 485 (Ch)
Applications by CMEC seeking not to be bound by an individual voluntary arrangement in respect of one of the respondents who owed £25,000 in child maintenance arrears. The applicant was found to be a creditor but the IVA was revoked as unfairly prejudicial.
- CMEC v Beesley  EWCA Civ 1344
Court of Appeal held that the Child Maintenance and Enforcement Commission, is not a creditor capable of being bound by the individual voluntary arrangement of a non-resident parent who has failed to pay child support.
- CMEC v Forrest  EWHC 1264
Appeal by way of case stated from a decision of justices to acquit on a charge of failure to comply with an information request under s. 14A (3) Child Support Act 1991. Held: Appeal allowed. The justices had come to an unsustainable conclusion. Once the claim had been substantiated the justices had been wrong to find that protecting another from the possibility of facing criminal charges could constitute reasonable excuse for failure to provide the information requested.
- CMEC v Mitchell  EWCA Civ 333
Appeal by CMEC against ruling that an order made in the magistrates' court banning a driver for 12 months, suspended if he paid £5 a week in child maintenance, was out of time under the Limitation Act 1980. Appeal allowed.
- Constantinou v Wilmot-Josife  EWCA Civ 747
An appeal in the context of proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal dismissed.
- Coventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) 
Application by the BBC seeking an order setting aside the prohibition on identifying the local authority concerned in these proceedings and thereby permitting the BBC to name that local authority as the local authority concerned. Application granted.
- D (A Child)  EWCA Civ 1000
Care Proceedings: Whether the conclusions of a psychological assessment ought to prevail despite the absence of history of any significant ill treatment or harm and indeed over positive empirical evidence that mother and father had been observed to be coping sufficiently. The judge was entitled to prefer the factual evidence. Appeal dismissed.
- D (Children)  EWCA 496 Civ
Appeal by mother against residence order in favour of paternal grandparents following intractable contact dispute. Appeal dismissed.
- D  EWHC 3342
Judgment in care proceedings as to whether there should be a fact-finding hearing into the father’s alleged involvement in the death of his child from a previous relationship, K, the father having been acquitted of murder or manslaughter in relation to the same allegations. Hedley J held that there should not be a fact-finding hearing.
- D v D  EWHC 138 (Fam)
Judgment in high value ancillary relief case involving consideration of whether a clean break can be achieved where that outcome would be funded through the family company. A clean break was rejected and a lump sum and periodical payments awarded.
- D v R (Deputy of S) and S  EWHC 2405 (COP)
Court of Protection: An application determining whether a party has the necessary mental capacity to decide if an action in the Chancery Division of the High Court should be continued. Court held the party did not have the necessary mental capacity.
- Davies v Welch  EWHC 3034 Admin
Application under CPR Part 8 for committal of the wife’s solicitor, who had disclosed financial documents from ancillary relief proceedings to the Child Support Agency. Application refused.
- De Bruyne v De Bruyne  EWCA 519 Civ
Appeal by a wife against an order in a big money ancillary relief case.
- DE v AB  EWHC 3792
Appeal by father against an award under Schedule 1 to the Children Act 1989. Appeal partially successful.
- DH NHS Foundation Trust v PS  EWHC 1217
Application in the Court of Protection for declarations relating to the medical treatment of a vulnerable adult lacking mental capacity. Declarations granted.
- Dibble v Pfluger  EWCA Civ 1005
TOLATA claim appeal. The significance of the parties having been engaged had not been taken into account. Furthermore, the first instance judgment had been unsatisfactory in a number of respects. Case to be remitted to the County Court for retrial on limited issues before a different judge with a stay execution of the order for sale.
- EA v GA and others  EWCA Civ 586
Appeal concerning extent of court’s duty in Hague Convention cases to direct a local authority to provide accommodation.
- ECC v SM & others  EWHC 1694
Leave given under s.28 of the Adoption and Children Act 2002, to remove a child who was subject to a placement order from the jurisdiction of the court and place her with relatives who lived in the USA, who, it was envisaged, would at a later stage apply to this court for a Convention adoption order in respect of that child.
- Edwards v Edwards  EWHC 652 (Ch)
Judgment arising from enforcement of a charging order against the matrimonial home where the wife had forged the husband's signature on a mortgage. An order for possession and sale under section 14 of TLATA was made in favour of the bank.
- EG V RS, JS & BEN PCT  Court of Protection Case No: 1110237109
Solicitor’s application for permission to appeal in a Court of Protection case against a costs order made against her in respect of an unsuccessful application to be appointed Health & Welfare Deputy. Permission to appeal not granted.
- EH v Greenwich  EWCA Civ 344
Appeal by mother against care and placement orders. Appeal allowed and proceedings returned for re-hearing by the same judge.
- ES v AJ  EWHC 1113
Application by a mother for the return of her twin children from Cameroon to England and Wales.
- F (A Child)  EWCA Civ 375
Application by father for permission to appeal, with appeal to follow, care order. Application granted and appeal allowed.
- F (Children)  EWCA Civ 1428
Consideration of the test to be applied for ‘internal relocation’, ie cases where the primary carer wishes to relocate within the United Kingdom.
- F (Children)  EWCA Civ 826
Successful appeal to the Court of Appeal -overturning an order for interim care orders and a refusal of permission to instruct an independent social worker.
- Fisher-Aziz v Aziz  EWCA 673
Ancillary relief. The significant issue at trial and on the first and second appeal was whether the former matrimonial home ought to be transferred into the occupier wife’s sole name in preference to sale and receipt of the proceeds of sale. Appeal allowed.
- FL v Registrar General  EWHC 3520
A 63 year-old woman applied for disclosure of information from the Registrar General concerning her adopted father’s birth family. Application refused.
- Francis v Francis  EWCA Civ 182
Application by husband for permission to appeal a second time an order in ancillary relief proceedings. Application granted in part on the ground that it raised an important question about the nature of a rehearing and when to apply Barder rules.
- FZ v SZ and another  EWHC 1630
Judgment in applications for ancillary relief (big money case) and to vary a post-nuptial settlement.
- G (A Child)  EWCA 470
Appeal by a father against an order that he was to have no contact with his daughter and was not to make an application for contact or residence without the court’s permission for a period of five years. Appeal allowed and period of two years substituted during which indirect contact would be permitted.
- G (A Child)  EWCA Civ 300
Application by mother for permission to appeal refusal to allow leave to apply for discharge of a special guardianship order in favour of the child's grandmother. In the event the matter was settled by consent but Wilson LJ provides guidance on the correct approach to be taken in the future.
- G (Children)  EWCA Civ 1232
Mother’s appeal to the Court of Appeal to reverse order made that the parties’ two children should be returned to Canada after their unlawful abduction to this jurisdiction. Appeal allowed.
- G v B  EWHC 2630 (Fam)
This case clarifies a point under the Revised Private Law Programme arising in proceedings under the Children Act 1989 in respect of CAFCASS and the Disclosure Protocol between them and ACPO under the PLP.
- G v E  EWCA Civ 822
Appeal against a decision that E who lacks capacity should not return to live with F with whom he had lived under an adult placement. Appeal dismissed and guidance given by the Sir Nicholas Wall P. re. Art 5 ECHR in relation to cases concerning vulnerable adults.
- G v E and Manchester City Council (Anonymity)  EWHC 2042 (Fam)
Application by the Press Association for permission to publish the name of a Local Authority which had been subject to a number of findings in a case involving E, an adult with a severe learning difficulty. Permission granted subject to ongoing restrictions prohibiting identifying E.
- G v E and Manchester City Council (Deputies and Litigation Friend)  EWHC 2512
Application by sister and carer of a vulnerable adult E seeking appointment as deputies for E’s personal welfare, appointment of a third party as deputy for E’s property and affairs and for E’s sister to be appointed as E’s litigation friend. Application refused.
- G v E and others  EWCA 548 Civ
Renewed application for permission to appeal against placement order. Application granted.
- G v E, A Local Authority & F  EWHC 621 (Fam)
Application under Mental Capacity Act 2005 brought by a sister of an adult (E) with severe learning disabilities asking the court to decide, among other things, on whether: i) E has capacity, ii) he has been unlawfully detained and iii) if the latter, damages should be paid.
- G v E, Manchester City Council and F (costs)  EWHC 3385 (Fam)
Application for costs in long-running litigation in the Court of Protection.
- Golubovich v Golubovich  EWCA Civ 810
Jurisdiction dispute concerning whether the court should recognise a decree of divorce obtained by the husband in Russia in breach of undertaking/Hemain injunction in England. On appeal, Singer J’s decision on public policy grounds, to refuse to recognise the Russian decree was overturned by the Court of Appeal.
- Gourisaria v Gourisania  EWCA Civ 1019
Application in ancillary relief proceedings for permission to appeal a case management decision of Mostyn J’s refusing to adjourn the final ancillary relief hearing to await the outcome of litigation that had begun in India. Mostyn J decided that the Indian litigation was an attempt to stymie the ancillary relief proceedings but that in any event that the ancillary relief proceedings should not be delayed.
- Grey v Grey  EWHC 1055
Apeal concerning a spousal maintenance order in which the impact of the wife’s relationship with another on the assessment of the maintenance award was determined.
- H (A Child)  EWCA 1296
Private law children application for permission to appeal s.91(14) order. Permission granted limited to the duration of the order.
- H (A Child)  EWCA Civ 448
Appeal against a contact order in favour of father concerning a 4 1/2 month old child. Appeal allowed.
- H (A Child)  EWCA Civ 915
Father’s unsuccessful appeal to the Court of Appal against an order granting the Mother of their 7 year old daughter the right to permanently remove the child to the Czech Republic
- H (Children)  EWCA Civ 1200
Court of Appeal allowed the appeal against dismissal of indirect contact application (supported by favourable CAFCASS report), principally because the judge had attached insufficient weight to the children’s rights to a wider family life
- Hewett v First Plus Financial Group  EWCA Civ 312
Appeal by wife against order for possession of the matrimonial home by a mortgage company on the grounds that the mortgage being enforced had been agreed by her as a result of undue influence and abuse of trust. Appeal allowed.
- HM  EWHC 1579
The latest judgment in a series regarding an incapacitated adult.
- Holliday v Musa  EWCA Civ 335
Appeal against decision that a deceased man was domiciled in England and Wales, so allowing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to proceed. Appeal dismissed.
- I (A Child)  EWCA Civ 319
Application by parents for permission to appeal, with appeal to follow, against refusal to set aside a judgment concerning findings that the mother of a child by a previous father had injured her first eldest daughter. Application granted but appeal dismissed.
- Imerman v Imerman (Supplemental Judgment)  EWHC 0064 (Fam)
Supplemental judgment arising from applications concerning use of irregularly obtained confidential information in ancillary relief proceedings. This judgment concerns the forms of the relevant orders, costs, further directions and permission to appeal.
- Imerman v Tchenguiz  EWCA Civ 126
Application for permission to appeal order concerning restraint on disclosure of irregularly obtained confidential information for use in ancillary relief proceedings. Application granted.
- In the Matter of A and B  EWHC 3824
Guidance for local authorities, family practitioners and the family courts to provide a framework for dealing with cases where one parent is killed by another.
- Independent Trustee Services Ltd v GP Noble Trustees Ltd  EWHC 3275
Consent order for lump sum to the Wife had been set aside because of the Husband’s non-disclosure. It was then contended by Independent Trustees Services Ltd (“ITS Ltd”) that since the monies had been dishonestly obtained by the Husband, the Wife was no longer a bona fide recipient. Held: ITS Ltd’s application failed and the Wife’s application to set aside an order giving ITS Ltd priority over the Wife as a judgment creditor and to have sums owed to her paid directly by ITS Ltd also failed.
- Jayasinghe v Don Liyanage  EWHC 265 (Ch)
Appeal against decision of a Deputy Adjudicator of the Land Registry cancelling the appellant's application for registration of a restriction on a property on the grounds that she was the sole beneficiary under a resulting trust. Appeal dismissed.
- JKN v JCN  EWHC 843
A dispute concerning the appropriate forum for divorce proceedings. Consideration of whether Brussels II Revised and/or the judgment in Oswusu prevented the English Court exercising its discretionary jurisdiction to stay English divorce proceedings.
- Jones v Jones  EWCA Civ 890
Wife’s application for permission to appeal Charles J’s order within ancillary relief proceedings.
Permission to appeal on specified grounds granted with judicial encouragement to resolve the matter by court-led mediation.
- K (A Child)  EWCA 478
Application by father for permission to appeal, with appeal to follow, an order refusing him direct supervised contact with daughter. Application granted and appeal allowed.
- K (A Child)  EWCA Civ 1546
Appeal by Polish father under the Hague Convention against refusal to grant return order on the grounds that it was against his daughter’s interests. Appeal successful.
- K (Children)  EWCA Civ 1365
A mother’s appeal to the Court of Appeal from a decision of the circuit judge to allow an appeal by a father against dismissal of his application for contact and the making of a s.91(14) order for the period of 1 year.
- K v L  EWHC 1234
Ancillary Relief case concerning treatment of a pre-marital inheritance (£57.4 million). All the assets had been inherited by the wife before the parties meet, were later brought into the marriage, and then used as the only financial support during the marriage. Bodey J ordered a lump sum of £5 million to be paid to husband.
- Kaur v Matharu  EWCA Civ 930
Ancillary relief case involving an alleged third party TOLATA claim by a relative of the Husband. On appeal, the Circuit Judge had permitted oral evidence in support of the TOLATA claim. The Court of Appeal held that the Circuit Judge had been wrong to do so and in the course of the judgment reviews the law on admission of fresh evidence in appeals.
- Kernott v Jones  EWCA Civ 578
Cohabitants’ property dispute. The principal issue at trial and on the first and second appeals was whether and, if so, to what extent the equal beneficial interests of the co-owners had been varied after their separation. Appeal allowed.
- Kingdon v Kingdon  EWCA Civ 1251
Ancillary relief order by consent was vitiated by non-disclosure of assets by the husband. Husband ordered to pay additional lump sum. Appeal by the husband that the award should be set aside dismissed.
- Kremen v Agrest  EWHC 2571
Application to set aside as a sham or pursuant to s 23 Matrimonial and Family Proceedings Act 1984 a charge on a former matrimonial home in the context of protracted and complex litigation between the husband, wife and third parties. Application granted under s 23. Application in respect of the sham refused. Two ancillary applications for release of funds and staying of proceedings refused.
- Kremen v Agrest  EWHC 3091
Application to set aside as a sham or pursuant to s 23 Matrimonial and Family Proceedings Act 1984 two transactions in the context of protracted and complex litigation between the husband, wife and third parties. The first transaction was held to be a sham and the second was set aside under s 23. Mostyn J also considers the piercing of the corporate veil for these purposes.
- L (A Minor)  EWHC 3146
A US commercial surrogacy agreement case where Hedley J gives reasons for making a Parental Order pursuant to Section 54 of the Human Fertilisation and Embryology Act 2008 in favour of the applicants in respect of a child known as L.
- LA v SB, AB & MB  EWCA Civ 1744
Local Authority initially sought an order that a 6 year old suffering from a rare disease could undergo recommended surgery but subsequently decided it wanted further consultation with the parents. Sir Nicholas Wall P. held there was no continuing role for the court and made consequential orders.
- Law v Inostroza Ahumada  EWCA Civ 1145
Appeal in child maintenance case. Court of Appeal held that the Circuit Judge hearing an application for a declaration under s.55A Family Law Act 1986. had no jurisdiction to stay enforcement action by CMEC.
- L-B (Children)  EWCA Civ 1463
Following delay in the judgment in a complex child care application, the judge delivered an extempore judgment which after representations by counsel seeking leave to appeal, was supported by a further “supplemental” judgment. The Court of Appeal held that the judgment was deficient and that the judge should have composed a written judgment in this case. Permission to appeal granted and appeal allowed.
- LB Richmond v B & W & B & CB  EWHC 2903 (Fam)
Care proceedings. Issue as to the validity of hair testing in order to establish whether a parent has consumed alcohol and, if so, to what extent. The Court emphasised the need for the exercise of considerable caution when hair tests for alcohol are being interpreted and relied upon.
- LBL v RYJ AND VJ  EWHC 2665 (COP)
Court of Protection case heard in the High Court in which Macur J considers relief under the inherent jurisdiction alongside provisions of the Mental Capacity Act 2005.
- London Borough of Islington v EV  EWHC 3240
Consideration of the appropriate order where a local authority sought to place a child pending final hearing where his father lived in Turkey.
- Lykiardopulo v Lykiardopulo  EWCA Civ 1315
Court of Appeal determined whether an ancillary relief judgment should be published when one of the parties had conspired to present a perjured case and, if it should (as in this case), the extent of any anonymisation or redaction.
- Lyons v Lyons  EWCA Civ 177
Application by wife for permission to appeal, with appeal to follow, an order in ancillary relief proceedings where, in a clean break, the husband was allowed time to rearrange security charged against properties owned by the wife. Application granted and appeal allowed in part.
- M (A Child)  EWCA Civ 1030
Care proceedings: Father appealed findings of fact that he had sexually abused 3 children. He sought to question the strength of the evidence upon which the findings were based. Appeal dismissed.
- M (A Child)  EWCA Civ 1160
Application by the mother of a young child (2 years 4 months) seeking permission to appeal a County Court order dismissing her application for leave to oppose the adoption of that child. Permission to appeal granted and the adoption proceedings stayed.
- M (A Child)  EWCA Civ 1295
Child Abduction: Appeal of order for return of a 4 year old child to Estonia. Appeal dismissed with amendment by way of slip rule to duration of the order. Matter to return to a Family Division judge for implementation.
- M (A Child)  EWCA Civ 1467
Appeal and cross appeal against findings of fact within care proceedings. The Court of Appeal allowed the Mother’s cross-appeal, set aside the judge’s finding that the mother and the father should be consigned to a pool of possible perpetrators of injuries sustained by the child in December and substituted a finding that the father was the perpetrator of the injuries.
- M (A Child)  EWCA Civ 888
An appeal against an order made in September 2009 permitting a father to take a 7-year old child on holiday to France and/or Cameroon. Appeal allowed.
- M (Children)  EWCA Civ 67
Appeals against finding of fact that a father had stabbed a mother, refusals to to allow permission to appeal, a residence order in favour of the mother and a finding that the threshold criteria under the Children Act 1989 section 31 had not been met. Appeals dismissed.
- M (Children)  EWCA Civ 845
Appeal against care and placement orders by a young mother who had a close relationship with her two children. The Court concluded that living at the maternal grandparents’ home was likely to cause emotional harm to the children but that it was not practical for the mother and children to live alone. Appeal dismissed.
- M v M  EWHC 3574 (Fam) and  EWHC 2817 (Fam)
Financial Provision under Part III of the Matrimonial and Family Proceedings Act 1984: Application by a wife for interim periodical payments where the husband had not supplied the court with any evidence of his wealth.
- M v V  EWHC 1453
Application under Schedule 1 to Children Act 1989. Father raised arguments under Brussels I, partially accepted. Application refused.
- MA v DB 
Proceedings, concerning the alleged wrongful removal of children from Greece to England, under the Child Abduction and Custody Act 1985 and pursuant to Brussels II Revised and Hague Convention. Issue as to the jurisdiction of the court to make residence and contact orders. Held that the orders would be made under the court’s inherent jurisdiction.
- Marano v Marano  EWCA Civ 119
Appeal by wife against a lump sum order in ancillary relief proceedings where the value of the husband's property developments had fallen dramatically between filling of Form E and the trial. Appeal dismissed.
- MC v Liverpool City Council  EWHC 2211
Assessment of age of claimant by reference to the Merton Guidelines.
- McG v Neath County Borough Council  EWCA Civ 821
Appeal by mother against care and placement orders. Appeal allowed, interim care orders made, finding made of sexual abuse in respect of one of the children was set aside. Transfer to the High Court for directions.
- MH v Lancashire CC  EWCA Civ 1257
Court of Appeal considered the striking out of an application to appeal both care and placement orders in public law children proceedings. Appeal unanimously dismissed.
- M-W (A Child)  EWCA Civ 12
Application by local authority for permission to appeal, with appeal to follow, decision to dismiss care proceedings. Application granted and appeal allowed.
- N v N  EWHC 717 (Fam)
Judgment in high value ancillary relief case involving inherited, gifted and business assets. Lump sum awarded.
- Oxfordshire County Council v X, Y & J  EWCA 581 Civ
Appeal against an order requiring, against their wishes, the adopted parents of a child to send to the child’s natural parents an annual photograph. Appeal allowed.
- P (A Child)  EWCA 672
Care Proceedings. Whether it is open to a judge conducting a fact finding hearing in Children Act proceedings to make a finding in general terms that it is probable a party has behaved towards and touched a child in an inappropriate sexual manner. Appeal dismissed.
- P  EWHC 1592
Application in the Court of Protection for appointment as deputies as to welfare and finance in respect of vulnerable adult. Application granted, subject to conditions.
- P v G  EWHC 1311 (Fam)
Application by father under the Family Law Act 1986, section 5 for stay of Children Act proceedings on the basis that matter should be heard in Scotland, not England. Application granted.
- Plymouth CC v G (Children)  EWCA Civ 1271
Local Authority appeal against care orders and dismissal of applications for placement orders in relation to two children aged 5 and 3. Court of Appeal set aside care orders and the dismissal of placement orders, replacing them with orders adjourning proceedings with an interim 28 day care order.
- PM v KH & Another  EWHC 870
Proceedings under the inherent jurisdiction in respect of young adult lacking capacity.
- PM v KH and another  EWHC 1579
Judgment explaining orders made at earlier hearing including orders re welfare of child, transition plan, injunctions, blocking/unblocking funds and directions re committal application.
- R (A Child)  EWCA Civ 1137
Court of Appeal refused Father’s appeal against an order granting the Mother leave to remove their 5 year old son permanently to Australia.
- R (A Child)  EWCA Civ 303
Appeal by mother against shared residence order on the grounds that it may have been made as a result of procedural unfairness. Appeal dismissed.
- R (A) v London Borough of Lambeth  EWHC 1652
This case is concerned with an application for judicial review in which the Claimant, A, seeks a declaration that the Defendant, The London Borough of Lambeth, had failed to assess A’s needs and to produce a pathway plan as required by The Children (Leaving Care) (England) Regulations 2001 and further, a mandatory order requiring the Defendant to assess A’s needs and to produce a plan as required by the Regulations.
- R (B) v Cornwall Council  EWCA Civ 55
Appeal by local authority against a judgement in judicial review proceedings that a local authority's decision to charge for community care services was unlawful. Appeal dismissed.
- R (Birara) v London Borough of Hounslow  EWHC 2133
Judicial review of local authority’s decision to cease support under the Children Act 1989 after the claimant turned 21. The local authority’s pathway plans were inadequate, it had failed to have proper regard to its own policy to grant discretionary support past the age of 21 nor had it considered its ability to act outside its policy in the particular circumstances of the case.
- R (C) v Nottingham City Council  EWCA 501 Civ
Renewed application for permission to appeal against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Application granted.
- R (C) v Nottingham City Council  EWCA Civ 790
Appeal in judicial review proceedings against decision that local authority did not owe duties to the claimants under sections 23A, 23B and 23C of the Children Act 1989. Appeal refused.
- R (FL) v Lambeth  EWHC 49 (Admin)
Judicial review application where the claimant, a 17 year old girl, submitted that the local authority had failed to assess her needs under s17 of the Children Act 1989 and failed to have proper regard to their welfare duties under s11 of the Children Act 2004. Application failed.
- R (Kang) v Cafcass  EWCA Civ 317
Renewed application for permission to appeal against refusal to grant a father permission to apply for judicial review against Cafcass arising out of his dissatisfaction with the service’s performance in private law proceedings. Application refused.
- R (SO) v London Borough of Barking & Dagenham  EWCA Civ 1101
Appeal by an eighteen year old asylum seeker against an order that the local authority was under no duty to accommodate him pursuant to s.23C(4)(c) of the Children Act 1989, as amended. Appeal allowed.
- R (TG) v London Borough of Lambeth  EWHC 907 QB
Claim for judicial review of decision not to accommodate claimant under Children Act 1989 section 23C. Claim failed.
- R (W) v A Local Authority  EWHC 175
Application for judicial review arising out of a late attempt by mother to revoke a placement order in adoption proceedings. Application failed.
- R(O) v East Riding of Yorkshire County Council  EWHC 489 (Admin)
Application for judicial review of a decision by a local authority to cease to consider that a child was looked after once he had been accommodated in a special needs residential school. Application refused.
- Radmacher (formerly Granatino) v Granatino  UKSC 42
Appeal before the Supreme Court concerning the question of whether the Court of Appeal erred in finding that pre-nuptial contracts ought to be given decisive weight, where entered into freely by both parties, in an assessment under section 25 of the Matrimonial Causes Act 1973; and also whether the Court of Appeal decision amounted to impermissible judicial legislation, in contravention of the decision of the Privy Council in MacLeod v MacLeod (Isle of Man)  UKPC 64. Held (Lady Hale dissenting) that the Court of Appeal was correct to conclude that there were no factors which rendered it unfair to hold the husband to the agreement.
- Re A (Children)  EWCA Civ 1490
Appeal by father in care proceedings against refusal by the judge to set aside findings of fact following recusal by the judge. Appeal allowed.
- Re AR (A Child: Relocation)  EWHC 1346
Mother’s application for leave to permanently remove a five-year old child to France and father’s application for residence (subsequently amended to application for shared residence). A shared residence order was made and the mother’s application for leave to remove to France was refused.
- Re C and D (Children)  EWHC 3714 (Fam)
Care Proceedings: Fact finding hearing to establish whether six week old twin girls had suffered non-accidental injuries. Local authority failed to satisfy the court on the balance of probabilities that any of the injuries were non-accidental. Application dismissed.
The court considered the discharge of the burden of proof, unreliable expert evidence, the need for good quality photographs and for skilled representation in care proceedings
- Re D (Children)  EWCA Civ 50
Application by father for permission to appeal to decision to allow his former wife to relocate to Slovakia with their two sons. Application refused.
- Re GR (Children) & others  EWCA Civ 871
Unsuccessful appeal by Local Authority from Recorder’s order refusing interim care orders in relation to the two youngest (of four) children where the Recorder had granted interim care orders in relation to the older children.
- Re H (A girl) and L (A boy)
Application by father for the return of two children to Italy under the Hague Convention. Application failed.
- Re K (Minors ) (Foreign Surrogacy)  EWHC 1180
Court asked to indicate whether a s.30 Parental Order was likely to be granted in relation to twins born following a foreign commercial surrogacy agreement.
- Re L & B (Children)  EWCA Civ 1118
Care proceedings: Appeal of a refusal by a Recorder to set aside findings and conclusions of a fact-finding hearing in circumstances where the Recorder had a current professional relationship with the guardian. Appeal allowed.
- Re L-W (Children)  EWCA Civ 1253
Court of Appeal allowed father’s appeal against compensation and committal orders. The judge had overstated the father’s obligations under the order for contact and the judge had not considered the possibility of impossibility of performance.
- Re S (A Child - Transfer of Residence)
Transfer of residence ordered in January 2010. Attempts to implement the transfer failed. The father consented to indirect contact only. Review of the case and issues arising from situations where a child is ‘alienated’ from one parent.
- Re T  EWHC 3177 (Fam)
Judgment in child abduction proceedings which raised two important issues:
(i) whether adoption of habitual residence should be voluntary; and
(ii) the effect of the recent decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Neulinger & Shuruk v Switzerland.
- Re T v T (Occupation Orders, Brussels I and Protective Measures)  EWHC 3776 (Fam)
Judgment of Moylan J concerning jurisdictional issues arising within an application for an occupation order and cross-proceedings for possession of a property in West London.
- Re W (Children)  EWCA Civ 57
Appeal by father against an order in care proceedings directing that a 14 year old girl, who had made allegations of sexual abuse against the appellant, should not be called to give oral evidence. Appeal dismissed.
- Re W  EWHC 205 (Fam)
Application for permission to appeal by doctors seeking to retain anonymity for their part in abortive care proceedings where s12 of the Administration of Justice Act had been disapplied. Application refused.
- Re X, Y and Z (Children)  EWHC
Application by local authority to withdraw from proceedings, under FPR r 4.5, for interim care of three children. Local authority ordered to contribute to the costs of the parents.
- Robson v Robson  EWCA Civ 1171
Big money ancillary relief appeal where husband had inherited substantial wealth and the parties had lived an extravagant lifestyle. Held: the wife's lump sum was reduced to take into account her actual housing need, and her appropriate income needs, but the judge had been correct to capitalize rather than secure the periodical payments order.
- RT v LT and another  EWHC 1910
Proceedings in the Court of Protection under Mental Capacity Act 2005 as to capacity to make decisions about (1) where adult should live; and (2) what contact she should have with members of her family. Held that she did not have capacity.
- S (A Child)  EWCA 465
Application to set aside wardship and ancillary orders including return to the UK. Wardship upheld but order requiring return stayed pending determination of proceedings for interim care.
- S (A Child)  EWCA Civ 1383
Appeal against finding of fact in care proceedings. Appeal allowed and findings set aside.
- S (A Child)  EWCA Civ 219
Application for permission to appeal by mother against an order transferring residence of a child to the father, primarily on the grounds that there was no evidence to sustain the judge's change of attitude on the matter. Application refused.
- S (A Child)  EWCA Civ 325
Appeal against an order requiring a mother to hand over her son to the father's residence, or if she failed to do so, that the Tipstaff would effect the transfer. Appeal allowed.
- S (A Child)  EWCA Civ 569
Supplementary judgment to S(A Child) EWCA Civ 325 clarifying termination of the interim care order.
- S (A Child)  EWCA Civ 705
Appeal by father against an order that provided for a child to be ‘cared for’ by him at various days and times. Appeal allowed.
- S (A Child)  EWCA Civ 786
Application by mother for permission to appeal against various orders under the Children Act 1989, including residence order and specific issue orders. Application refused.
- S (Children)  EWCA Civ 447
Intractable contact dispute. Appeal against the conditions included in a contact order. Appeal allowed.
- S (Minors)  EWCA Civ 421
Application by mother for permission to appeal, with appeal to follow, order allowing removal of children to short term foster care. Application granted and appeal allowed.
- SA v KCC  EWHC 848 (Admin)
Judicial review proceedings brought on behalf of 15 year old by her grandmother as her litigation friend against the local authority. The proceedings concern the status of A and whether A was a child in need or a looked after child.
- Sandler v Sandler & Lloyd Platt & Co  EWHC 1415
Ancillary relief costs. Competing claims against the wife’s proceeds of ancillary relief proceedings- the wife’s solicitors’ Sears Tooth agreement and the Husband’s application to set-off orders for costs. The Judge gave effect to the ‘set off’ claimed by the Husband.
- Sareen v Sareen  EWCA Civ 951
Application for permission to appeal in ‘big money’ ancillary relief proceedings. Application dismissed.
- S-C (Children)  EWCA Civ 21
Appeal by wife against a committal order for contempt made on the application of a husband arising from allegedly prohibited disclosure by the wife of information wife relating to their contact litigation. Appeal allowed.
- SK v WL  EWHC 3768 (Fam)
Ancillary relief proceedings. Wife sought equal division of assets. Husband argued that the Wife should receive only 25% on the basis of a 'very significant post-separation accrual'. Wife awarded 40% of assets.
- Smith v Cooper  EWCA Civ 722
Cohabitation dispute: The issue on appeal was whether or not the presumption of undue influence was successfully rebutted, and if not rebutted what the consequences are as regards setting aside transactions.
- T & M v OCC & C  EWHC 964
Adoption case considering whether a lesbian couple living separately were a couple within the meaning of the Adoption and Children Act 2002 and whether the adoption was justified by s.1 of the Act.
- T (A Child)  EWCA Civ 1527
Grandmother’s appeal of dismissal of her application for post-adoption contact. Appeal unanimously dismissed by the Court of Appeal.
- T (A Child)  EWCA Civ 1585
Appeal by grandparents against a refusal to make an order for costs in their favour in care proceedings, in which the local authority unsuccessfully sought findings against them. Appeal successful.
- T v B  EWHC 1444
The issue in the case was whether the Respondent was a parent under Schedule 1 of the Children Act 1989 so that the court had jurisdiction to make an order against her for financial relief. The matter was treated as a preliminary issue prior to the court considering the merits of the application.
- T v T  EWCA Civ 1366
Appeal by the mother of two children and her civil partner against a shared residence order made in favour of the mother and the children’s father. Appellants sought the substitution of a joint residence order in their favour with contact to the father. Appeal refused.
- Tchenguiz v Imerman; Imerman v Imerman  EWCA Civ 908
Interlocutory appeal and cross-appeal in ancillary relief proceedings relating to Hildebrand rules. Order upheld that W deliver obtained files to H's solicitors (and retain no copies) and that W and her solicitors be restrained, at least for the time being, from using any information they might have gained from reading the files.
- TE v SH and S  EWHC 192
Judgment arising from application for transfer of residence by father where the mother has been obstructive in allowing contact and the child in question is resistant to contact with the father. Application granted.
- Vaughan v Vaughan  EWCA Civ 349
Appeal by wife against order terminating periodical payments from the husband and refusal of her cross-application for a capitalised lump sum of £560,000. The wife was awarded a lump sum of £215,000.
- W (A Child)  EWCA Civ 1449
Judge’s telephone conversation with the child’s guardian in the privacy of his room in the course of private law children proceedings was a material procedural irregularity. Appeal allowed, judge’s orders set aside and case returned for a hearing by a different judge.
- W (A Child)  EWCA Civ 1535
Appeal by adopters, supported by local authority, of order of Holman J setting aside adoption order and granting mother permission to oppose the making of an adoption order. Appeal allowed.
- W (A Child)  EWCA Civ 321
Application by mother for permission to appeal, with appeal to follow, an interim care order. Application refused.
- W (A Minor)  EWCA Civ 1280
Application by a mother for permission to appeal an order which transferred the residence of her child to the child’s paternal grandmother. Permission refused.
- W (Children)  UKSC 12
Appeal to the Supreme Court by father in care proceedings relating to five children. At issue were the principles guiding the exercise of the court’s discretion in deciding whether to order a child to attend to give evidence in family proceedings. Appeal allowed.
- W (Minors)  EWCA 520 Civ
Application for permission to appeal against a refusal to return children to the Republic of Ireland under the Child Abduction and Custody Act 1985. Application refused.
- W v W  EWHC 332 (Fam)
Application by father for return of three children to the Republic of Ireland under the Hague Convention. Application failed.
- Wade v Baylis  EWCA Civ 257
Application for permission to appeal arising, primarily, from findings concerning beneficial interests following the break up of a cohabiting relationship. Permission refused.
- Wakefield MDC v The Media and others  EWHC 262 (Fam)
Application by birth parents of adopted children to lift or vary injunctions preventing them from publicising what they consider were the injustices they had suffered.
- Warwick (Formerly Yarwood) v Trustee In Bankruptcy of Clive Graham Yarwood  EWHC 2272 (Ch)
Ancillary relief appeal by wife against an order at first instance that payment of share of net sale proceeds of former matrimonial home was void under Insolvency Act 1986, s284. Decision upheld, but on different grounds.
- Weiner v. Weiner  EWHC 1843
Whether it is permissible to serve documents initiating divorce proceedings on a Sunday and the effect, if any, of Sunday service on the court's jurisdiction under Brussels II Revised.
- WF v RJ  EWHC 2909 (Fam)
Application under the Hague Convention 1980 for the summary return of two children abducted from Germany. Issues as to the representation, and party status of, children. Exercise of discretion in cases where siblings express distinctive wishes and feelings.
- Winter v Winter  EWHC 3825 (Fam)
Committal proceedings and judgment summons relating to breaches of orders for the payment of child maintenance. Sentence of one year’s imprisonment imposed, suspended on terms.
- WSCC v M and others  EWHC 1914
Care proceedings: Application by a local authority for permission to withdraw care proceedings pursuant to Family Proceedings Rules r.4.5. Permission granted.
- YA (F) v A Local Authority  EWHC 2770
Claim in the Court of Protection arising from alleged breaches of the Human Rights Act 1998. Consideration of the COP’s jurisdiction to hear such claims and to award relief.