Case Summaries

Judgment of Baker J setting aside a decree of divorce obtained by a material deception in the petition and a subsequent affidavit, namely the provision of a false address.

Judgment of McDonald J in which he considers the local authority’s application for permission to withdraw care proceedings and provides useful guidance on cases involving alleged radicalisation.

Second judgment of Mostyn J concerning a child, T, for whom the grounds for secure accommodation had been made out, but there was no bed in a secure unit. Issue as to whether T ‘authentically’ consents to her deprivation of liberty considered.

Judgment of the Court of Appeal in respect of childcare proceedings which are described by McFarlane LJ as having “manifestly failed to prove a sound resolution of the serious factual allegations that underpinned the application for a care order”.

Unsuccessful appeal by the parents of Alfie Evans to the Court of Appeal on their application for a writ of habeas corpus.

Court of Appeal judgment in substantial asset financial remedies case in which the Court of Appeal imposes a term order for the wife’s periodical payments with a section 28(1A) bar and gives guidance on the treatment of earning capacity and the sharing and compensation principles.

Unsuccessful appeal to the High Court by a mother against a decision which transferred the residence of C, aged six, to her father, in light of the mother’s opposition to progressing C’s contact with her father. Permission to appeal was refused, and Mrs Justice Knowles certified the application as being totally without merit.

Decision of Baker J declining to make a costs order in favour of the Official solicitor where the applicant NHS Trust had withdrawn applications for test case declarations.

A former partner’s claim for reasonable financial provision out of the estate of her late partner, pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.

Case summary coming soon

Judgment of the Court of Appeal as to how the court should respond where it decides that a child can live with a family member, but only if there is support and monitoring from the local authority, and the local authority declines to provide such support and monitoring.

A mother’s successful appeal against dismissal of her application for summary return of her children to Spain; a return order was granted.

An unsuccessful appeal against the dismissal of a claimant’s claim for a declaration that he had a beneficial interest in a property on the basis that he had failed to satisfy the burden of proof. Unsuccessful cross-appeal against the first instance judge’s refusal to award the respondents their costs of successfully defending the claimant’s claim.

An appeal against the set aside of a final order, which involves a consideration of the principle in Thwaite v Thwaite, and the extent of the court’s equitable jurisdiction to refuse to enforce an order.

Judgment of Keehan J granting a declaration under the Presumption of Death Act 2013

Successful appeal against final order within private law proceedings in which MacDonald J reiterates the content of FPR r 12.21 and the duty upon advocates to assist the court.