Case Summaries

Judgment of MacDonald J determining whether the High Court has power, under its inherent jurisdiction, to make a costs funding order against a local authority requiring it to fund legal advice and representation for a parent in wardship proceedings brought by the local authority where that parent had lawfully been refused legal aid.

Appeal concerning the effect of Party A’s bankruptcy and declaration of trust on Party B’s equitable interest in Party A’s property arising out of an historical consent order.

Supreme Court judgment concerning quantum of award under the Inheritance (Provision for Family and Dependants) Act 1975 to the estranged daughter of the deceased whose will made no provision for the daughter.

Appeal concerning whether a father’s liability to pay child support should end when a child is in full-time employment. Appeal allowed and remitted for rehearing.

Appeal by widow of deceased against an award under the Inheritance (Provision for Family and Dependants) Act 1975 in favour of the deceased’s partner who was living with him at the time of his death.

Application by local authority, under the inherent jurisdiction, to seek permission pursuant to section 100 of the Children Act 1989 to obtain the court’s authorisation of what the local authority contended is the deprivation of liberty of 15-year-old in his current residential unit.

Twelve month supervision order made in respect of four children who were to remain in their mother’s care, against the recommendation of the Guardian that a care order be made. Orders for direct and indirect contact made in respect of the respective fathers. Consideration given to the difference between a care order and supervision order.

Application for the dissolution of a marriage where the domicile of the parties was in dispute.

The Court of Appeal refuses permission to appeal a refusal to set aside a financial remedies consent made order in 2005 following a similar decision in the case in 2010. The Court considered the law on res judicata, estoppel and the court’s powers under s31F(6) MFPA 1984 and FPR 2010 r4.1(6).

Judgment in proceedings concerning two siblings and involving cross-applications for private law orders, an application by the local authority for public law orders and applications brought under section 7 of the Human Rights Act 1998 for declarations and damages.

Application for permission to amend a claim form, the central question being whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband.

Successful appeal to the Court of Appeal in respect of a direction admitting a report (albeit on the basis that an addendum to that report should also be filed) which had been found to be “fundamentally flawed” by the Court of Appeal in an earlier appeal.

Declaration of parentage made where the wrong forms were signed after the couple’s child was born following fertility treatment.

Final hearing in contested adoption proceedings where the mother had not been notified of the application for an adoption order or the father’s successful application for leave to oppose because her whereabouts were unknown.

Mostyn J determined applications relating to the status of a Dubai divorce and set out his interpretation of s2(1)(b)(i) of the FLA 1986, which was said to provide a jurisdictional basis for the mother’s Children Act application.

Judgment in a re-hearing in care proceedings in relation to a child, whose mother accepted that she had a long, chronic history of substance misuse. The two central issues were: (i) the interpretation of hair strand test results, and (ii) resolution of the child’s welfare.