Case Summaries

The Court of Appeal considers whether it is inevitably the case that matrimonial assets should be shared between the parties on an equal basis.

Judgment of McFarlane LJ dismissing a mother’s appeal against the decision of Keehan J that one of the children should move from her care to live with the father.

Court of Appeal judgment in respect of an appeal concerning an order permitting withdrawal of artificial ventilation for Charlie, a nine month old boy suffering from a grossly debilitating genetic condition in circumstances where the parents wanted him to undertake medical treatment in the USA

Application by local authority in the course of care proceedings in respect of three children that the father of one child, who did not have parental responsibility and thus was not entitled to automatic party status, should not be sent a copy of Form C6A notifying him of the proceedings.

The President of the Family Division provides further guidance on applications for adoption orders brought by English applicants in respect of Scottish children

Successful appeal against final care orders in respect of three children on the basis of procedural unfairness.

Privy Council appeal in respect of a dispute as to beneficial ownership over real and personal property considering in particular whether the Stack v Dowden approach should apply where the personal relationship between the parties has a commercial aspect.

Judgment of Cobb J in respect of twins making care orders and orders under section 21 ACA 2002 authorising the local authority to place them for adoption.

Application by a litigant in person to appeal a lump sum deduction order out of time.

Application for adoption where the applicant was the maternal aunt of the person to be adopted who was a citizen of Pakistan aged 19 years at the date of the hearing.

Substantial assets financial remedies judgment in which Moylan J (as he then was) comments on the importance of dealing with matters proportionately, and in particular evidencing claims that assets are non-matrimonial

Successful application before Macdonald J for the return of two children to the USA pursuant to the 1980 Hague Convention.

Mostyn J approves a linear approach to historic valuation of a business, rejects special contribution and offers guidance on the ‘sharing’ principle and pre-marital property.

Judgment of Charles J quashing a placement for adoption because the decision to place was procedurally unfair and highlighting what litigants ought to be told about challenging the adoption process.

Judgment addressing the question of whether magistrates sitting in the Family Court have the power to issue a warrant for the arrest of an alleged maintenance debtor who has failed to obey an order to attend for questioning as to his means.

Parents, representing themselves, sought permission to revoke a placement order following their earlier unsuccessful application for permission to appeal