Case Summaries

Gloster LJ clarifies the law on anonymising reports of financial remedies appeals to the Court of Appeal.

Court of Protection decision concerning a young pregnant woman, with a diagnosis of autism and a learning disability, and the question of how she should deliver her child.

Application by Cheshire and Wirral Partnership NHS Foundation Trust in respect of medical treatment of Z, a 46 year old woman with anorexia nervosa.

A mother’s appeal, in private law proceedings, against the determination that ten allegations she had made were not proved.

Judgment concerning the issue of post-adoption contact between two half-siblings.

Application by a local authority under the inherent jurisdiction for a declaration that it was in SL’s best interests to receive two immunisations.

Judgment by Bodey J in favour of anonymising a judgment he had previously handed down in a financial remedy application.

An appeal from the Court of Protection in which the appellant had been ordered to facilitate MM’s return to this jurisdiction, the court having found (on a number of occasions) it to be in MM’s best welfare interests to be cared for in the south west of England. The parties compromised the appeal and the court was asked to approve a consent order, allowing the appeal, on the basis that (i) the order made had become otiose and (ii) it would be futile to subject the appellant to further coercive orders in the face of her continuing obduracy. Case remitted to the court of first instance for the proceedings to be concluded.

An unsuccessful application under the Hague Convention 1980 seeking an order for the summary return of two children to Australia. The court found that the children were habitually resident in the UK at the date on which the children were allegedly ‘wrongfully retained’ and the Convention did not apply. The father’s application therefore failed.

Appeal by London Borough of Hackney against judgment finding it liable for failing to comply with its statutory duty under the Children Act 1989 section 20.

Husband’s appeal against financial remedies order turning principally on two issues: a factual determination as to a 2005 agreement, and delay. Ryder LJ’s judgment reiterates that, in a delay case, it is “beyond argument that the significant delay in making the claim is one of the major factors in play in the subsequent assessment by the court”and considers Wyatt v Vince.

Court of Appeal judgment considering the impact of various procedural irregularities on interim and final hearings, and in respect of enforcement proceedings, where the salient issue was the availability of otherwise of family resources to H.

Judgment of Francis J in relation to the wife’s applications for ancillary relief and provision under schedule 1 Children Act 1989 and the husband’s application for sale of the former matrimonial home pursuant to s.17 of the MWPA 1882.

Contact application by a father who now lives as a transgender person in respect of his children who live with their mother in a Charedi community.

Application by a wife under Part III of the Matrimonial and Family Proceedings Act 1984 following foreign divorce in France.

Complaint to the ECtHR that the Georgian Government had breached the applicant’s Article 6 and Article 8 rights by failing to properly summon him to proceedings in which the domestic court restricted his parental rights.