Case Summaries

Application to determine the capacity of a woman to make decisions about her care, and her capacity to consent to marriage.

Applications by a local authority to determine what role, if any, the father of two girls should play in both legal proceedings concerning them and, more generally, in local authority decision-making about their welfare.

Unsuccessful appeal by Wife against an order registering a French divorce order pursuant to the provisions of Council Regulation (EC) No 2201/2003 (BIIR).

Appeal before Baker J in private law children proceedings where the court at first instance had made a finding that the children were not habitually resident in England and Wales and consequently the English court had no jurisdiction to make orders under section 8 of the Children Act 1989. The appeal was partially successful insofar as the court was found to have overlooked its residual jurisdiction to make orders in respect of the children on the basis of their physical presence in the jurisdiction. However the appeal was dismissed as the judge at first instance’s findings of fact and orders were upheld.

Application for a parental order pursuant to section 54 of the Human Fertilisation and Embryology Act 2008 arising in respect of a foreign surrogacy.

An application to set aside a default judgment regarding a judgment debt for professional fees and interest in favour of a firm of solicitors

Appeal in care proceedings dismissed but the Court of Appeal made clear that it should not be necessary for an appeal court to undertake a laborious explanatory exercise of the kind contained in this judgment. Confirmation that “nothing else will do” applies only to cases involving a plan for adoption.

A successful appeal from an order releasing the wife from an undertaking in a consent order to repay the husband certain monies due to a significant change in circumstances.

Application by daughter claiming entitlement to the entirety of the family farm, owned by her deceased father, or such lesser sum as the court thought fit. The claim was brought against her mother in proprietary estoppel and alternatively under the Inheritance (Provision for Family and Dependants) Act 1975.

Appeal concerning a dispute arising from a child arrangement order involving consideration as to whether section 10 Children Act 1989 applies where there is no application before the court.

Judgment of Cobb J in a financial remedy appeal in which he set aside an interim order for sale of the former matrimonial home.

A decision of the Upper Tribunal in an application to vary a nil assessment for child maintenance, setting aside a decision of the first-tier tribunal for calculation errors relating to the non-resident father’s shareholding in a company.

Upper Tribunal decision concerning whether the First tier Tribunal had jurisdiction in relation to a claim under the “old child support scheme” in circumstances where no maintenance assessment was now in force (the children having ceased to be of qualifying age).

Appeal against (i) the refusal to grant permission to a mother to move her 8-year old child to Poland, and (ii) the making a shared care arrangement.

Solicitor’s appeal against an order made by Haddon-Cave J in financial remedy proceedings involving “enormous wealth,” requiring him to attend court to give evidence.

Separate applications by the mother and the maternal grandparents for permission to appeal against care orders.