Home > Judgments > 2011 archive
- A & L (Children)  EWCA Civ 1611
Appeal of judgment from fact finding hearing in care proceedings.
- A (A Child) (No 2)  EWCA Civ 12
Application for permission to appeal by father against findings of fact by judge at first instance within wardship proceedings of evidential complexity. Permission granted on certain grounds and appeal allowed in part.
- A (A Child)  EWCA Civ 1037
Application for permission to appeal against interim care order and against findings of fact that the appellant had been violent and bullying. Applications dismissed.
- A (A Child) v Leeds City Council  EWCA Civ 1365
Appeal against the decision to remove a child from the care of her maternal aunt because of perceived risk to the child. Appeal dismissed.
- A (A Minor)  EWHC 1764 (Fam)
Application for reporting restrictions preventing the press from publishing details of a family involved in care proceedings in respect of a child, whose mother had been arrested on suspicion of the murder of her two other children.
- A and L (Children)  EWCA Civ 1205
Appeal by mother of findings against her in fact-finding hearing. Guidance given by Court of Appeal as to correct process to be adopted where it is considered that there is a lack of reasoning or clarity in a judgment. Appeal adjourned while trial judge invited to give clarification.
- A County Council v K & Ors (By the Child's Guardian HT)  EWHC 1672 (Fam)
Judgment of the President of the Family Division supporting the independence of guardians appointed to act for children in family cases: in the event of disagreement with CAFCASS, the views of CAFCASS management would not prevail but rather the competing positions should be put before the court for its consideration.
- A County Council v M and F  EWHC 1804 (Fam)
Fact finding involving the unexplained death of, and multiple injuries to, a seven-month old baby.
- A Local Authority v A (No 2)  EWHC 590
Disposal hearing considering placement of a child with severe and permanent brain damage with maternal grandparents who had not fully acknowledged the findings as to causation.
- A Local Authority v C  EWHC 231
Fact-finding. Allegations of sexual abuse to pre-pubertal child and the importance of compliance with the RCPCH Guidelines.
- A Local Authority v PB and P  EWHC 2675 (CoP)
Proceedings in the Court of Protection concerning issues as to where the patient should live, as to contact, and as to whether he would be deprived of his liberty.
- A Local Authority v S & O  EWHC 3764 (Fam)
Fact-finding hearing as to whether a couple who had apparently given birth to a child in Nigeria had been aware that it was actually a ‘staged labour’.
- A London Borough v O and Others  EWHC 2754 (Fam)
Fact finding hearing in care proceedings in respect of two children, one child aged 5 and a sibling aged 9 months whose twin had died (aged only 2 weeks) as a result of head injuries sustained at home.
- A v A Local Authority  EWHC 727 (COP)
Application in the Court of Protection on behalf of A pursuant to s.21A of the Mental Capacity Act 2005 to vary the terms of the standard authorisation approved by a local authority authorising the deprivation of A’s liberty at a nursing home.
- A v B  EWHC 2752 (Fam)
Application to the High Court for a stay of wardship proceedings in this jurisdiction under para 19 of BIIR on the basis that the Swedish court was already seised of the matter. Application granted. Re S (Parental Responsibility: Jurisdiction)  2 FLR 921considered in the light of BIIR.
- A v L  EWHC 3150 (Fam)
Appeal to High Court from County Court in financial remedy proceedings where there were only modest assets.
- A v P (Surrogacy: Parental order: Death of Applicant)  EWHC 1738 (Fam)
Application made pursuant to section 54 of the Human Fertilisation and Embryology Act 2008. Consideration of whether the court could make a parental order in favour of a deceased parent. Order granted.
- A v P  EWHC 1530 (Fam)
Child abduction from Poland to the UK; defence based on habitual residence in the UK and the father’s acquiescence. Hague Convention 1980 applied. Held that the child’s habitual residence was Poland and the father had not acquiesced.
- A v T  EWHC 3882 (Fam)
Hague Convention / Brussels II Revised proceedings where there had been a written agreement entitling the mother to leave Sweden to return to the UK with the children should she choose to do so.
- AB v LCC (A Local Authority)  EWHC 3151 (COP)
Court of Protection proceedings concerning the appointment of a patient’s Relevant Person’s Representative as his litigation friend in a challenge to a deprivation of the patient’s liberty pursuant to s.21A Mental Capacity Act 2005.
- AF v T and another  EWHC 1315 (Fam)
Application under Brussels IIR concerning A, a seven year old boy, following proceedings in Germany under the Hague Convention. Residence order granted to the mother, supervised contact to the father.
- Agrest v Kremen  EWCA Civ 259
Appeal to set aside transaction in ancillary relief proceedings. Permission to appeal refused.
- AJJ v JJ & Others  EWCA Civ 1448
Appeal brought on behalf of three separately represented children in the context of their father’s application for their return to Poland under the 1980 Hague Abduction Convention and Article 11 of Brussels IIR.
- Ambrosiadou v Coward  EWCA Civ 409
An appeal from a decision of Eady J refusing the continuation of an interlocutory injunction preventing the husband from dealing or parting with possession of any documents filed or served in Greek divorce proceedings, or from publishing any information from those documents. Appeal allowed.
- AR v AR  EWHC 2717 (Fam)
Judgment in “ancillary relief” proceedings in which the vast majority of the assets had been inherited by the husband.
- AVS v A NHS Foundation Trust  EWCA Civ 7
Application for permission to appeal the decision of the Court of Protection. Permission refused.
- B (Child)  EWCA Civ 509
Care proceedings: Appeal of refusal to grant permission to bring a contact order application following an open adoption. Appeal unanimously allowed
- B-A (Children)  EWCA Civ 1643
The maternal grandmother sought party status within care proceedings shortly before the final hearing because she sought to establish herself as primary carer for the three children subject to the local authority’s applications.
- BAJ v RRA  EWHC 4070 (Fam)
Application for leave to apply for financial relief following foreign divorce – confirmation of test set out by the Court of Appeal in Traversa v Fredi despite Mostyn J remaining “unrepentant” about the stricter test he had earlier set out in CG v IF
- BJ v MJ (Financial Remedy OverseasTrusts)  EWHC 2708 (Fam)
Financial remedy proceedings where the central question was how trusts should be treated in the division of assets following divorce.
- Brighton & Hove City Council v PM and others  EWCA Civ 795
Appeal against a paragraph recorded in the preamble to an order made within care proceedings to the effect that based upon certain established facts a finding of fact hearing was not necessary.
- Brough v Law  EWCA Civ 1183
Father’s appeal concerning the effect of the parents’ temporary reconciliation on a maintenance assessment under the “old scheme” for child support.
- C (A Child)  EWCA Civ 261
Court of Appeal: the Court should ensure that all avenues have been exhausted before concluding that contact should be terminated. In difficult cases the attendance of the CAFCASS officer may be required even if it leads to an adjournment; it may be helpful for the child to be separately represented.
- C (A Child)  EWCA Civ 72
Application for permission to appeal the refusal of leave to remove a seven year-old girl, I to go to live in Australia. Application refused.
- C (A Child)  EWCA Civ 918
Appeal against interim care orders made in respect of a six year old child. Appeal dismissed.
- C (Children)  EWCA Civ 1230
Appeal against a sentence of 6 months imprisonment against a mother for breach of an injunction granted in care proceedings. Held that the sentence was excessive. Appeal allowed.
- C (Children)  EWCA Civ 1774
Appeal against orders under Children Act 1989 s 34(4) excusing the local authority from making further contact provisions in respect of two children, and against their mother under s 91(14) of the Act. Appeal dismissed.
- Chandler v Chandler  EWCA Civ 143
Application for permission to appeal against the striking out of a divorce petition on the basis of lack of jurisdiction. Application refused.
- Cheshire West & Chester Council v P  EWCA Civ 1257
Local authority appeal from the Court of Protection to the Court of Appeal against a declaration that the local authority’s care plan requiring a vulnerable adult, P live at a local authority establishment constituted a deprivation of liberty for the purposes of Article 5 ECHR.
- Cheshire West and Chester Council v P  EWHC 1330 (Fam)
Judgment in a Court of Protection case concerning deprivation of liberty, and in which misconduct on behalf of the local authority led to the issues of costs and publication of the name of the local authority arose.
- C-L (Children)  EWCA Civ 1441
Appeals by parents and the paternal grandparent against orders dismissing applications for assessment (by the parents) and assessment and a residence order (by the grandparent). Appeals allowed and assessments ordered.
- Coventry CC v PGO  EWCA Civ 729
Judgment in appeal determining (a) whether the County Court has power to injunct a local authority from removing a child from the care of foster parents who wish to adopt him, when the local authority has a placement order and wishes to place the child with prospective adopters; and (b)when a child becomes “placed” for adoption.
- CW v NT  EWHC 76
Intractable contact dispute. The President adjourned sentencing of father for breach of earlier orders and made an order for an occasion of supervised contact in favour of the girls’ paternal grandparents with the matter to return to court thereafter.
- CW v NT and another  EWHC 33
A couple, who had entered into a surrogacy agreement with a woman who later sought to keep the child, applied for a residence order. Application rejected and residence order made in favour of the mother.
- D (A Child)  EWCA Civ 684
Court of Appeal. Waiver of professional privilege in care proceedings in respect of the circumstances leading to the change of a party’s witness statement and the order for further disclosure arising from that waiver.
- D (Children)  EWCA Civ 1294
Appeal against a decision to refuse a return order where one child objected to return and had sufficient maturity. Appeal allowed.
- D Borough Council v AB  EWHC 101 COP
Court of Protection. A local authority sought a declaration that a man in their care with a learning disability did not have capacity to consent to sexual relations. Declaration granted.
- D L & another v London Borough of Newham  EWHC 2666 (Admin)
Order relating to the issue of costs and the return of a passport and other possessions in a long running case concerning a child.
- DE v AB  EWHC 3792
Appeal from a district judge’s final order in Schedule 1 Children Act 1989 proceedings. Appeal allowed in part. No order as to costs.
- Derbyshire County Council v HM and Others  EWHC 3389 (Fam)
Proceedings to determine which of two local authorities was the designated authority for the purposes of the Children Act 1989, section 31. Consideration as to whether the children in question were looked after children for the purposes of section 105(6).
- DL & Anor v LB of Newham  EWHC 1127 (Admin)
Judicial review proceedings were brought by DL and ML who were prospective adopters of K, who had been placed with them pursuant to a placement order by the Defendant Local Authority in April 2009.
- D-O'H (Children)  EWCA Civ 1343
Cross-appeals in care proceedings by the mother against the refusal of a s38(6) parenting assessment and the making final care orders, and by the local authority against the adjournment of placement order proceedings in respect of one child. Appeals dismissed.
- Dolan v Corby  EWCA Civ 1664
Appeal against an occupation order which had been made under the Family Law Act 1996 (Part IV) excluding the Appellant from the rented property that he had shared for many years with the Respondent.
- Doncaster MBC v Haigh, Tune and X  EWHC B16 (Fam)
Applications by local authority (1) to put the facts of children proceedings into the public domain in order to counteract misleading information already disseminated by the mother and others; and (2) for a s 91(14) order against the mother. Both orders granted by the President who explained the background of the case.
- Doncaster MBC v Watson  EWHC 2376 (Fam)
Application to purge a contempt of court. Prison sentence of 9 months suspended for 2 years.
- Doncaster MBC v Watson  EWHC 2498 (Fam)
Supplemental judgment in contempt proceedings substituting an order for the immediate and unconditional release of the contemnor in place of a suspended sentence.
- Doncaster MBC v Watson and Haigh  EWHC B15 (Fam)
Application by local authority to have the respondents committed to prison for contempt. In this judgment the President explains why he found Ms Watson in contempt.
- EF v MGS  EWHC 3139 (Fam)
Application under the 1980 Hague Convention for return of a child to Spain in which the central issue was whether the child, P, was habitually resident in Spain.
- El Gamal v Al Maktoum  EWHC B27 (Fam)
Application before Bodey J to determine whether an Islamic wedding ceremony took place and if so what its legal effect was, if any, in English law.
- Eliassen and Baldock v Eliassen and others  EWCA Civ 361
Court of Appeal judgment in an international child abduction case considering whether an Article 13(b) Hague Convention defence required the court to conduct a full welfare enquiry.
- Everclear Limited v Agrest & Kremen  EWCA Civ 232
Court of Appeal. Appeal against the setting aside of transaction on the grounds that it was an attempt to defeat the wife's claim in ancillary relief proceedings. Appeal dismissed.
- F (A Child)  EWCA Civ 258
Appeal by a local authority against the dismissal of a care order in circumstances where there was no proven fact in relation to the identity of the perpetrator of non-accidental injuries. Appeal dismissed and permission to appeal refused.
- F (Children)  EWCA Civ 1765
Appeal in respect of the timing of a declaration of parentage of twins and orders relating to the disclosure to them of parentage. Appeal allowed.
- FG v MBW  EWHC 1729 (Fam)
Application pursuant to Schedule 1 to the Children Act 1989 by mother for the benefit of an 11 year old son seeking a “top up” order for periodical payments, a lump sum order and a claim for a housing fund.
- G (A Child)  EWCA Civ 1147
Appeal by mother of an order made at a review hearing, in which the judge varied a contact order to allow contact to be supervised by the father’s mother rather than at a contact centre. Appeal allowed.
- G v M  EWHC 2651 (Fam)
Application pursuant to the Family Procedure Rules 2010 Part 7/PD7A/Para.3.2 for permission to file a Petition for a Decree of Nullity notwithstanding the absence of a marriage certificate.
- GF v CMEC  UKUT (AAC)
Father’s appeal against a child maintenance formula assessment and against a departure direction in relation to child support for his daughter, now aged 14.
- Goldstone v Goldstone  EWCA Civ 39
An appeal on the question of whether the trial of a preliminary issue in ancillary relief proceedings should be governed by the Family Proceedings Rules or the Civil Procedure Rules.
- Golubovich v Golubovich  EWCA Civ 479
Appeals against two earlier decisions - one a judge's decision not to adjourn and the second a sum awarded to the wife.
- Golubovich v Golubovich  EWCA Civ 528
Application by wife in respect of security for costs in proceedings pending husband’s application for permission to appeal in ancillary relief proceedings. Rules and case law considered. Application granted in part.
- Gowers v Gowers  EWHC 3485 (Fam)
Financial remedy proceedings between a husband and a wife in which a company, closely connected to the husband but which he did not own, paid £500,000 into court. That sum was ordered to be paid to the wife as a first instalment of a lump sum. Held that the court had no jurisdiction to make that order.
- GS v L  EWHC 1759 (Fam)
Financial remedies case final judgment in a case in which the husband had argued that £1.49 m of assets were ring-fenced having either been pre-acquired or subject to a community of property agreement.
- GS v L  EWHC 2116 (Fam)
Costs judgment following the substantive hearing in GS v L  EWHC 1759 (Fam). The wife contended that there should be a departure from the usual position in relation to costs by virtue of the husband’s approach to the litigation.
- H (A Child)  EWCA Civ 585
Contact proceedings where findings which the judge at first instance had been minded to make but had not actually made, were introduced. Appeal successful and order amended. Important guidance also given by Thorpe LJ re. court’s power to make contact orders where no residence order exists.
- H (Children)  EWCA Civ 1009
Appeal by mother against determination that the court did not have jurisdiction to hear an application for injunctive relief under the Human Rights Act 1998.
- H (Children)  EWCA Civ 1218
Appeal against final care orders and placement orders in respect of two children. Held that the orders should not have been made without an assessment of the prospects of success of the adoptions. Appeal allowed.
- H (Children)  EWCA Civ 529
Application for permission to appeal decision permitting mother to relocate to Canada with parties’ children. Payne v Payne considered by the Court of Appeal. Permission refused.
- H v City and County of Swansea  EWCA Civ 195
Appeal in care proceedings by mother against fact finding that she should be included in pool of possible perpetrators. Appeal allowed.
- H v S  EWHC B23 (Fam)
Dispute as to whether for the purposes of English divorce and connected proceedings, a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court was entitled to be afforded recognition in this jurisdiction.
- Hargreaves v Salt  EWCA Civ 248
Appeal against findings of fact as to a transaction being at an undervalue in insolvency and related matrimonial proceedings. Permission to appeal unanimously refused.
- Hemans V RB Windsor & Maidenhead  EWCA Civ 374
Appeal by local authority against finding of homelessness under Part VII of the Housing Act 2006 because interim accommodation was inappropriate for child's welfare. Appeal allowed.
- H-K (Children)  EWCA Civ 1100
Appeal against finding in Hague Convention proceedings that children’s habitual residence remained in Australia. Appeal allowed on the basis that the wrong test of habitual residence had been applied.
- HN v FL and Another  EWHC 2894 (COP)
Application in the Court of Protection by the sister of an 68-year old woman to move her to a new nursing home and to remove restrictions on her contact. Application unsuccessful.
- Hutchings-Whelan v Hutchings  EWCA Civ 1048
Application for permission to appeal in the context of fiercely fought fresh ancillary relief proceedings following the setting aside of the original consent order due to non-disclosure in the original proceedings.
- H-W (Children)  EWCA Civ 1027
Mother’s application for permission to appeal findings of fact in respect of injuries to her daughter.
- IJ (A Child)  EWHC 921
A surrogacy agreement case in which a Parental Order was made. Hedley J went on to emphasise the need for parties considering entering into such agreements to take legal advice covering both the host country and this jurisdiction.
- Iqbal v Ahmed  EWCA Civ 900
Appeal against order for financial provision in favour of the deceased’s widow under the Inheritance (Provision for Family and Dependants) Act 1975. Consideration of the appropriateness of an award of a half beneficial interest in the former matrimonial home as against a life interest. Appeal dismissed.
- JD and others v City and County of Swansea  EWCA Civ 34
Appeal to the Court of Appeal against final care order where the judge had refused further assessment. Appeal allowed.
- Jones v Jones  EWCA Civ 41
Appeal by wife against ancillary relief order made by Charles J, in which he awarded her £5.4 million from a total asset pool of £25 million. Appeal allowed.
- Jones v Kernott  UKSC 53
Supreme Court: appeal as to the correct approach to calculating beneficial interests in property where the legal title to the property is held in joint names by an unmarried couple but there is no express statement of how it is to be shared. Principles stated by the Court. Held: the parties intentions as to ownership had changed after their separation. Appeal allowed.
- K (A Child)  EWCA Civ 1075
Appeal of a contact order which had required the father to vacate accommodation for the purposes of facilitating contact by the mother and furthermore for him to go to Bulgaria with his daughter for contact by the mother during the half term school holiday.
- K (Children)  EWCA Civ 1064
Appeal by father against an order for no direct contact between him and his three children. Appeal dismissed.
- K (Children)  EWCA Civ 793
Application by father for permission to appeal against order granting mother leave to remove children to Canada in circumstances where the parents shared the care of the children. Permission to appeal granted and appeal allowed. The court confirmed that in the circumstances of the case the approach in Payne v Payne was not appropriate.
- K Children v Sheffield CC  EWCA Civ 635
Appeal against special guardianship order on grounds that prior to the order there should have been further assessment of the father and insufficient consideration of the child’s religious and cultural needs.
- K v L  EWCA Civ 550
Appeal by a husband against a final order in ancillary relief proceedings requiring the wife to pay him a lump sum of £5m on a clean break basis. Appeal dismissed.
- Kent CC v A Mother (Costs)  EWHC 1267(Fam)
Judgment on an application for costs against a local authority following a fact-finding hearing. The judgment should be considered along with the decision on the substantive issues, reported as  EWHC 402 (Fam).
- Kent CC v A Mother  EWHC 402
Sexual abuse fact finding: lessons to be learned.
- KM v Lambeth London Borough Council  EWCA Civ 1125
A father appealed an order prohibiting full disclosure to him of a psychiatric report on the mother in the course of proceedings in which she sought findings against him. Appeal allowed.
- Kremen v Agrest  EWCA Civ 1014
Application by a wife for permission to appeal against the discharge of a committal order that had been made against her husband.
- KY v DD  EWHC 1277 (Fam)
Without notice application in respect of prospective wardship proceedings. Theis J’s judgment examines the principles that apply for without notice applications, and emphasises the need for written evidence justifying the application. The judgment has also been endorsed by the President of the Family Division.
- L (Children)  EWCA Civ 1705
Court of Appeal. Mother’s appeal against findings in relation to the deaths of two children where there had been contradictory medical evidence. Appeal dismissed.
- L B of Hillingdon v Neary  EWHC 413 (COP)
Court of Protection: media attendance and reporting.
- L v L  EWHC 2207 (Fam)
Appeal in financial remedy proceedings against termed maintenance order. Appeal successful.
- LA v X & others  EWHC 3401 (Fam)
Application by maternal grandmother of X prior to a fact-finding hearing for her 17-year son, who suffers from Asperger's Syndrome, to give oral evidence. Application refused. The balancing exercise set out in Re W  UKSC 12 applied.
- LB of Hillingdon v Neary  EWHC 3522 (COP)
Costs dispute in relation to Court of Protection proceedings concerning a vulnerable adult. The judge ordered a departure from the usual no order for costs order rule applicable to such cases by virtue of the unusual circumstances of the case and the approach the local authority had taken.
- LB of Tower Hamlets v BB  EWHC 2853 (Fam)
Judgment of Ryder J in Court of Protection proceedings concerning BB, a woman suffering from schizo-affective disorder, profound deafness and a learning disorder, who lacked capacity to litigate.
- LCC v A & Ors  EWHC 4033 (Fam)
Application for declarations pursuant to the High Court’s inherent jurisdiction in respect of immunisation of children in local authority care.
- Legal Services Commission v F, A & V  EWHC 899
LSC’S appeal from the decision of a costs judge of the Senior Courts Costs Office ordering the LSC to pay to the respondent and intervener in ancillary relief proceedings £495,000. Appeal dismissed.
- LG v DK  EWHC 2453 (COP)
Judgment of the President, sitting in the Court of Protection, concerning the question of the approach to be applied in an application for DNA testing of an adult lacking capacity to establish paternity of a third party.
- London Borough of Hillingdon v Neary & Anor  EWHC 1377 (COP)
Court of Protection. Consideration of the detention of a patient. Held that the detentions were unlawful.
- LR (Children)  EWCA Civ 1034
Appeal made by a child and supported by the local authority seeking to set aside findings of fact made within care proceedings.
- Lukandwa v Birungi  EWCA Civ 1520
Judgment on an appeal brought in the course of proceedings for nullity.
- M (A Child)  EWCA Civ 1125
Judgment in an appeal from a case management order concerning disclosure of medical evidence prior to a fact-finding hearing in care proceedings.
- M (A Child)  EWCA Civ 1161
Appeal by mother and father in care proceedings following a refusal to order an extension of a section 38(6) assessment. Both appeals dismissed.
- M (A Minor)  EWCA Civ 317
Court of Appeal judgment concerning the granting of leave under s. 47(5) Adoption and Children Act 2002 for a parent to defend an adoption. Appeal dismissed.
- M (Children)  EWCA Civ 1035
Appeal centring on whether the court or a local authority can compel reluctant parents to disclose to their children their father’s previous convictions for sexual assault on children from his first marriage.
- M v F  EWCA Civ 273
Court of Appeal. Consideration of the test to be applied by the court on an application by a mother to prevent the father of a legitimate child being informed of the existence of his child, when mother sought the child to be placed for adoption by the local authority.
- Manchester CC v G, E & F  EWCA Civ 939
Appeal from a judgment of Baker J. making an award of costs at the conclusion of proceedings in the Court of Protection.
- Mansfield v Mansfield  EWCA Civ 1056
Appeal within ancillary relief proceedings where the family assets had arisen from a substantial damages award from a personal injury claim brought in the Queen’s Bench Division.
- Mekarska v Ruiz and Boyden  EWHC 913 (Fam)
Application to annul bankruptcy order joined to ancillary relief appeal. Both matters dismissed.
- Mercredi v Chaffe  EWCA Civ 272
Appeal by a mother against order for child’s return to the UK, and against declarations of habitual residence, wrongful retention, and rights of custody. Appeal successful and orders set aside.
- MG and another v A Local Authority  EWCA Civ 745
Applications by mother and one of her children for permission to appeal against interim care order on the grounds that it was effectively a final order. Held that the judge had mis-directed himself, the permission was granted and appeal allowed.
- Minkin v Cawdery Kaye Fireman & Taylor  EWHC 177 (QB)
Appeal against order of costs judge that where solicitors in matrimonial proceedings refused to carry out work until outstanding fees were paid and the fees were in excess of the estimate, the refusal constituted a repudiation of the contract and no fees were payable. Appeal dismissed.
- ML & AR v RW & SW  EWHC 2455 (Fam)
Application for residence in relation to two girls conceived by IVF between two pairs of same-sex partners. Contact ordered, with review hearing listed.
- N v F  EWHC 586 Fam
Ancillary Relief: The treatment of pre-acquired wealth after a long marriage. Whether the assessment of a party’s needs can be informed by pre-marital property.
- N v N (Costs)  EWCA Civ 979
The husband had successfully appealed against an order extending the term of the periodical payments payable to his former wife. He went on to seek an order for costs.
- N v N  EWCA Civ 940
Husband’s appeal regarding procedural flaws during the hearing of his appeal against an order which had granted an extension of the term of a periodical payments order in favour of his former wife.
- ND v KP (Asset freezing)  EWHC 457 (Fam)
Application by the wife for the extension of an ex parte freezing order against the husband's assets. Cross-application by the husband for, amongst other matters, a discharge of the order. The order was discharged. Wife also ordered to obtain a discharge of a mirror order made in Switzerland.
- NG v SG (Appeal: Non-Disclosure)  EWHC 3270 (Fam)
Appeal against District Judge’s order in financial remedy proceedings where the appeal was essentially a challenge to the District Judge’s findings of fact. In light of a number of errors in principle the order would be set aside in its entirety and a retrial would be directed.
- O (Children)  EWCA Civ 128
Child abduction: exercise of discretion to return when defence under Article 12 (settlement) established.
- O v O
Judgment in the High Court clarifying the procedure under the Family Procedure Rules 2010 when seeking permission to appeal district judge's decision.
- O v P  EWHC 2425 (Fam)
Preliminary issue as to whether court had jurisdiction to hear proceedings under Schedule 1 to Children Act. Held that the court did have jurisdiction under the Civil Jurisdiction and Judgments Act 1982 and the Brussels Convention on the Jurisdiction and Enforcement in Civil and Commercial Matters 1968.
- P & L (Minors)  EWHC 3431
Proceedings concerning contact with two children living with biological mother and partner, who have parental responsibility for them, in same-sex relationship. Held that contact with the biological father and his same-sex partner should be direct in respect of one child and indirect in respect of the other.
- P & Q v Surrey County Council  EWCA Civ 190
Unsuccessful appeal from the order of Parker J sitting in the Court of Protection as to whether arrangements for a 19 year old with a mental age of two and a half, and for an 18 year old with a mental age of 4 to 5, amounted to a deprivation of liberty and whether the arrangements engaged Article 5 of the European Convention on Human Rights.
- P (A Child)  EWCA Civ 1793
Permission to appeal granted and appeal dismissed in respect of a mother of a child removed by local authority on the grounds that the mother had breached undertakings to live in a refuge and not to communicate with the father.
- Q (A Child)  EWCA Civ 1610
Appeal from the judgment of Parker J in what Munby LJ described as “exceptionally difficult adoption proceedings” concerning a one year old baby where the mother feared so called “honour-based” violence and/or rejection by her family should her relationship with the father and her pregnancy be discovered.
- R & another v A  EWHC 1158
Application by child’s relatives to withdraw Children Act applications. Cross application by child’s father that the applications should be dismissed and a costs order made. The President permitted withdrawal of the application but ordered the relatives to pay the father’s costs on the basis of their conduct of the litigation.
- R (A Child)  EWHC 1715 (fam)
Fact-finding hearing concerning child with subdural haemorrhages and femoral fracture. Held that the cause of the subdural haematomas was one of unknown etiology and that the fracture had been caused accidentally.
- R (AS) v London Borough of Croydon  EWHC 2091 (Admin)
Application for judicial review by a child, through the Official Solicitor, seeking the quashing of a local authority’s age assessments, and a declaration as to the child’s age. Application successful.
- R (Children)  EWCA Civ 1795
Father’s appeal against findings of sexual abuse against him. Appeal dismissed.
- R (Children) EWCA Civ 558
Appeal in a case with a complex procedural history where the father had applied for parental responsibility and residence and the mother had removed the younger of two children. Appeal dismissed but court requested an early hearing date in the county court. (Thorpe LJ gives guidance as to the procedure to be followed in cases involving apparent unlawful removal of a child from its primary carer.)
- R (CJ by his litigation friend ) v Cardiff City Council  EWCA Civ 159
Appeal concerning the burden of proof to be applied when assessing the age of an applicant for the purpose of determining a local authority's duties to him or her under the Children Act 1989. Held, dismissing the applicant's appeal, that it was for the court to decide whether, on a balance of probability, the claimant was or was not, at the material time, a child.
- R (FZ) v London Borough of Croydon  EWCA Civ 59
Application for permission to bring judicial review proceedings to claim that a local authority had wrongly determined the Appellant’s age. Permission granted.
- R (O) v East Riding of Yorkshire Council  EWCA Civ 196
Appeal of judicial review decision that accommodation being provided to the subject child with severe autism and severe ADHD by the local authority was, by virtue, of a Statement of Special Educational Needs under the Education Act 1996 and not pursuant to the child’s Looked After Child status under the Children Act 1989. Appeal unanimously allowed.
- R (O) v LB of Hammersmith & Fulham  EWCA Civ 925
Application for judicial review of LA’s decision to place a child with complex needs in a 38-week placement close to his home, rather than a 52-week residential placement. Application refused.
- R (Quila and another) v Sec of State for the Home Dept  UKSC 45
Supreme Court determined that the ban on the entry for settlement of foreign spouses or civil partners unless both parties are aged 21 or over, contained in paragraph 277 of the Immigration Rules, is not a lawful way of deterring or preventing forced marriages.
- R (R) v LB of Croydon  EWHC 1473 (Admin)
Application for judicial review challenging the local authority’s assessment of the applicant’s age.
- R (R,E,J and K) v CAFCASS  EWHC 1774 (Admin)
Judicial review proceedings in which the Official Solicitor, acting on behalf of four children as their Litigation Friend, sought a declaration that CAFCASS acted unlawfully and in breach of statutory duty by failing to allocate a children's guardian "earlier than the respective date on which CAFCASS did so allocate a named guardian." Claim dismissed.
- R (SA) v Kent County Council  EWCA Civ 1303
Appeal by local authority against a decision that a child living with a grandparent in an arrangement initiated by the authority, was a looked after child and, as such, the grandparent was entitled to financial provision from the authority. Appeal dismissed.
- R (TA) v North East London NHS  EWCA Civ 1529
Father’s appeal against refusal to grant permission to apply for judicial review of decision by NHS Trust not to investigate father’s complaint about psychiatrist who gave evidence in family proceedings. Appeal dismissed.
- R (TG) v London Borough of Lambeth  EWCA Civ 526
Successful appeal to the Court of Appeal against the decision of McCombe J sitting in the Administrative Court dismissing the appellant’s claim against the local authority for judicial review of its decision that he was not a “former relevant child” under s. 23C(1) Children Act 1989 and therefore did not owe to him the duties under that section. Appeal allowed. The appellant further sought damages but permission to proceed with the claim was not granted.
- R and H v UK - 35348/06  ECHR 844
European Court of Human Rights. Appeal from Northern Ireland relating to a freeing order and post-adoption contact. Appeal dismissed.
- R v A Local Authority & Others  EWCA Civ 1451
Application to the Court of Appeal in the context of care proceedings concerning refusal of the father’s application to instruct a second expert.
- R v M  EWHC 2132 (Fam)
Preliminary finding in divorce proceedings: for a foreign marriage to be recognised as a valid marriage it must be recognised as such in the jurisdiction in which it was undertaken. An Ahmahdi marriage in Pakistan must be recognised as valid marriage in this jurisdiction. A taliq is not sufficient to dissolve a marriage.
- R v R  EWHC 1535 (Fam)
Application for declaration of parentage, with cross application for step parent responsibility, residence and contact.
- R v R  EWHC 3093 (Fam)
Final hearing in financial remedy proceedings where parties had been married for seven years, involving total assets of about £4m, half of which were nor accessible for some years.
- Re A (A Child)  EWHC 517 (Fam)
Consideration of whether s.31 Children Act 1989 threshold had been crossed where it could not be shown that a child’s injuries had been caused by his parents.
- Re A and D (Children)  EWCA Civ 265
An appeal from the decision of the President, reported on Family Law Week as ES v AJ  EWHC 1113. The President had found twins to be habitually resident in Cameroon and accordingly that he had no jurisdiction in respect of them. Appeal dismissed.
- Re C (A Child)  EWCA Civ 521
Appeal by mother relating to a contact order (which provided for indirect contact only until further order) and a s. 91(14) order, in circumstances where the mother had extensive mental health difficulties. The Court of Appeal unanimously dismissed the mother’s appeal.
- Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP)
Court of Protection proceedings to determine whether the accommodation of a 45 year old man with an acquired brain injury in a local authority care home amounted to a deprivation of his liberty. Held, on a narrow balance, that he was subject to a restriction on his liberty rather than being deprived of it.
- Re D (A Child)  EWHC 471 (Fam)
Father applied for an order for the interim return of his 4 year old daughter after wrongful retention by the mother in Poland. Order granted.
- Re E (A Child)  EWHC 3521 (Fam)
Judgment in intractable contact / parental alienation case, giving guidance on case management in such matters
- Re E (Children)  UKSC 27
Appeal to the Supreme Court by mother against an order for the return of children under the Hague Convention, on the grounds that the judge had failed to apply Article 13(b) of the Convention. Appeal dismissed.
- Re G and E (Children) (Vulnerable Witnesses)  EWHC 4063 (Fam)
Consideration of whether 17 year old girl with learning difficulties should give evidence in public law proceedings as to allegations of sexual abuse by her father. Ruling that she should with appropriate safeguards.
- Re K (A Child)  EWHC 1082
Preliminary hearing to determine whether K, a 13 year old girl, would be allowed to attend the hearing of an application by her local authority to keep her in secure accommodation. Held that she should be permitted to attend. Procedure and determining factors considered.
- Re L (A Child - Media Reporting)  EWHC B8 (Fam)
Fact finding hearing in care proceedings in which the judge comments on the media reporting of such proceedings.
- Re M  EWHC 1197 (COP)
Reporting restrictions in Court of Protection proceedings: general guidance given as to the substantive and procedural issues arising.
- Re N (A Child - Religion - Jehovah's Witness)  EWHC B26 (Fam)
High Court proceedings in which father sought to restrict the extent to which mother involved the child in the practice of her religion as a Jehovah’s Witness. Principles to be applied in cases relating to religious upbringing.
- Re N (A Child)  EWHC 1156
Care proceedings case in which the subject child’s elder brother had died when he was a baby. The President determined that a fact-finding hearing to try to ascertain whether the elder brother’s death had been accidental or not would be disproportionate and would also be likely to be inconclusive.
- Re RB (Adult) (No 4)  EWHC 3017 (Fam)
Guidance as to the publication and reporting of judgments given or handed down in the Family Division in proceedings under the inherent jurisdiction in respect of adults.
- Re T (A child - murdered parent)  EWHC B4 (Fam)
Application for contact by a father who had murdered the child’s mother. Application refused, and s.91(14) order made.
- Re X and Y (Children)  EWHC 3147 (Fam)
Application for parental orders in respect of children born to two women in India under surrogacy agreements. The President held that whilst payments under the agreements did not comply with the HFEA 2008 section 54, they were not disproportionate and granted the orders sought.
- Re X,Y,Z (Minors)  EWHC 1267 (Fam)
Application for costs against a local authority in care proceedings. Costs award granted in favour of the respondents but refused to the intervenor. Baker J summarised the applicable law.
- Richardson v Richardson  EWCA Civ 79
Appeal against an ancillary relief order of HHJ Raynor QC sitting as a Judge of the High Court on the grounds that subsequent events constituted Barder events and /or demonstrated the order to have been vitiated by a common mistake of fact. Appeal allowed on the latter ground.
- RK v BCC and others  EWCA Civ 1305
Appeal from the Court of Protection. Deprivation of liberty. Circumstances when it can be said a child has been deprived of liberty.
- RK v RK  EWHC 3910 (Fam)
Financial remedies case where the wife sought such provision from the husband that it could only be met if the trustees of trusts (of which the husband was but one of the beneficiaries) were to make resources available.
- S (A Child)  EWCA Civ 812
Appeal by mother against refusal of an assessment under s 38(6) Children Act 1989. Appeal refused
- S (Children)  EWCA Civ 454
Mother sought to appeal Circuit Judge’s decision of the granting the father’s application to remove the parties’ two boys (B aged 16 and a half and C aged 12) to live with him in Canada.
Appeal (which related to C) allowed.
- S v AG (Financial Remedy: Lottery Prize)  EWHC 2637 (Fam)
Claim for financial relief by husband in relation to assets that were the result of a significant win on the National Lottery by his former wife. Consideration as to whether such sums constitute matrimonial property.
- S v C  EWCA Civ 1385
Appeal from a refusal to grant a return order under the Hague Convention. The mother had asserted an Art 13b 'defence'. Appeal allowed.
- Schalk and Kopf v Austria (App 301414-04)
Final judgment of the ECHR sitting as a Chamber. Male couple complained that the legal impossibility of a same-sex couple marrying under Austrian law violated their right to respect for private and family life and the principle of non-discrimination. Held, rejecting the complaint, that there is no breach of Article 12 where marriage is available to two people of the opposite sex but not two people of the same sex.
- Schofield v Schofield  EWCA Civ 174
Appeal of decision to dismiss a wife’s originating summons seeking leave to make an application under Part III of the Matrimonial and Family Proceedings Act 1984 for an order for financial relief from the husband, following a divorce in Germany. Appeal unanimously allowed.
- SH v HH  EWCA Civ 796
Appeal concerning SH, a child born in Afghanistan to an Afghan mother and a British father of Afghan origin. The father contended that the English courts did not have jurisdiction and that the hearing had been procedurally flawed.
- SJ and Another v JJ and Another  EWHC 3450 (Fam)
Proceedings relating to a child (A) retained in Poland by his mother. Father applied under Brussels II Revised seeking orders (a) making A a ward of court; (b) requiring that A be returned to this jurisdiction; and (c) in the alternative seeking contact. Held that the English court retained jurisdiction. Interim contact order made.
- S-L (Children)  EWCA Civ 1022
Appeal by a father against an order refusing an assessment of him in the context of care proceedings concerning three children.
- SMBC v WMP and Others  EWHC B13 (COP)
Local Authority application for a declaration, inter alia, as to the capacity to marry and deal with complex financial matters of one of three brothers.
- Smith v Smith  EWHC 2133 (Ch)
Widow’s application challenging her deceased husband’s will and claiming interim relief under s.5 Inheritance (Provision for Family and Dependants) Act 1975 in the form of a lump sum and an order permitting her to reside in the former matrimonial home pending determination of her claims.
- SW v CW - mirror orders jurisdiction -  EWCA Civ 703
Judgment in a Court of Appeal case concerning the nature of mirror orders, the jurisdiction of the High Court to make them and their consequential effect.
- T (Children)  EWCA Civ 1818
Appeal within care proceedings concerning the question of whether an uncle who was accused of sexual abuse should have been discharged as an intervener.
- The Trustee in Bankruptcy of Claridge v Claridge and Claridge  EWHC 2047 (Ch)
Appeal against the court's rejection of a claim under s 339 of the Insolvency Act 1986 by a trustee in bankruptcy that there was a transaction at an undervalue by a bankrupt husband to his wife. held that whilst there was a transaction at an undervalue, the court would decline to make an order for relief under s 339(3) for reasons given.
- Traversa v Freddi  EWCA Civ 81
Husband’s appeal against refusal of leave to pursue an application under the Matrimonial and Family Proceedings Act 1984 after Italian divorce. Appeal successful.
- TW v A City Council  EWCA Civ 17
Application for permission to appeal to the Court of Appeal, with appeal to follow, against findings of fact by an intervener in care proceedings, TW. Permission granted and appeal allowed.
- V v V  EWHC 1190 (Fam)
Disputed divorce jurisdiction case involving consideration of the wife’s residence at the date of her divorce petition. Held: the wife was entitled to proceed with her petition.
- V v V  EWHC 3230 (Fam)
Appeal against a financial remedy order by a district judge. Appeal allowed because insufficient consideration had been given to the existence of a marital settlement, the nature of the parties’ contributions and the length of the marriage.
- W (A Child)  EWCA Civ 1196
An appeal from an order for committal for a term of imprisonment in the context of child abduction proceedings in which the father was already serving a sentence of imprisonment for breach of an earlier order.
- W (A Child)  EWCA Civ 1362
Appeal by mother against an order approving a care plan that her child be adopted by family friends on the basis that a special guardianship order would be more appropriate in the circumstance. Appeal dismissed.
- W (A child)  EWCA Civ 661
Appeal against judge's refusal in care proceedings to make a direction under s.38(6) of the Children Act 1989. Appeal unanimously dismissed except for a procedural rider to adjourn the application generally rather than dismiss it.
- W (Children)  EWCA Civ 345
Appeal by mother against refusal of permission to relocate out of the jurisdiction. Appeal successful.
- W v M and others  EWHC 2443 (Fam)
Application to the Court of Protection for authority to withdraw artificial nutrition and hydration from a patient in a minimally conscious state on the basis of that patient’s previously expressed wishes and feelings. Application refused. Guidance given as to the approach to be taken by the Court of Protection in determining the ‘best interests’ of a patient in such a state.
- Walsh v Singh  EWCA Civ 80
Appeal of a 'no order as to costs' order despite a successful Part 36 offer in a cohabitant dispute. Appeal unanimously dismissed.
- Whaley v Whaley  EWCA Civ 617
Husband’s appeal in ancillary relief proceedings focusing on the treatment of trust assets. The Court of Appeal determined that the Husband clearly had access to the trust fund and that it has been appropriate to take those assets into account. Appeal dismissed.
- WM v CMEC  UKUT 226 (AAC)
Appeal relating to the calculation of child support for tax evading non-resident father: should he share the benefit of his tax evasion with his children? It was appropriate and fair that the tribunal should make a variation taking accout of the non-payment of tax and national insurance.
- X, Y & Z v A Local Authority  EWHC 1157
Application by a freelance journalist, supported by the children’s mother, for permission to disclose the name of a medical expert in care proceedings. Application granted. The President considered what in the future should be the practice on questions of anonymity of experts and publications of their reports.
- Y v Medway Council  EWCA Civ 1416
Appeal from a fact-finding hearing in which the first instance judge found certain of a child’s injuries to have been non-accidental and caused by the child’s mother.
- Yankah v Yankah  EWCA Civ 921
Application for extension of time and permission to appeal against a final financial order.
- Z and another v C and another  EWHC 3181 (Fam)
Application for parental order under s 54 Human Fertilisation and Embryology Act 2008 in respect of twins conceived as a result of a surrogacy agreement between the Israeli applicants and a clinic in India. Issues as to domicile.
- Z v Z (No2)  EWHC 2878 (Fam)
Application for financial remedies before Moor J. The central issue was whether a French marriage contract should be upheld.