Case Summaries

Application for a declaration of parentage in accordance with s.55A Family Law Act 1986, where the mother did not sign the requisite consent form.

Creditors claim under s.423 of the Insolvency Act 1986 to set aside transfers of assets between the defendant husband and wife which the defendants argued had been made pursuant to an informal separation agreement.

Refusal of permission to appeal the dismissal of the wife’s application for leave to apply for financial relief after an overseas divorce, pursuant to Part III MFPA 1984.

Successful child support appeal to the Upper Tribunal by non-resident parent. Consideration of sums spent on school “extras” such as music lessons and sports activities.

Care and placement orders made after further consideration of whether family members could care for the three children.

Successful applications for joinder of R, a 17-year-old non-subject child and for the summary return of her sister S, aged 13 to France.

The Court of Appeal dismisses appeal against a child arrangements order and makes it clear that it is not a CAFCASS Officer’s duty when preparing a report to explore every aspect of a parent or child’s life, or to investigate matters not in issue.

Mother’s application for an order requiring the father to give full information as to the whereabouts of their six-year-old child who is not habitually resident in this jurisdiction and has not been known to be present in the country at any stage.

Successful appeal by a husband against a decision of a Deputy Master that he (as a creditor of a beneficiary) did not have an ‘interest’ (within the meaning of r 57.7, CPR 1998) sufficient to enable him to bring a probate claim challenging the validity of W’s mother’s will.

Successful appeal in care proceedings in which the Court of Appeal identifies the local authority’s failure to properly assess a family member based abroad and gives guidance on dealing with foreign authorities and their assessments of alternative carers.

Court of Appeal allow appeal against findings of fact made in care proceedings and provide important guidance on: (i) children giving evidence; (ii) the weight to be given to defective ABE interviews; (iii) the approach to representing a child accused of perpetrating abuse; and (iv) the Article 6 rights of a child who might properly be regarded as either a perpetrator or a victim or both.

The appellant parents sought to appeal the decision at first instance as to the quantum of equitable relief that should be granted to their daughter following her successful proprietary estoppel claim against them.

Judgment of Charles J considering whether the state had responsibility for a deprivation of liberty and as such whether a welfare order of the Court of Protection was required.

Reporting restriction order upheld and extended in relation to a child arrested in connection with terrorist offences.

Judgment of Peter Jackson J addressing a parent’s use of a child to covertly record evidence.

Application by NHS Foundation Trust in relation to a 36 year old woman with a diagnosis of paranoid schizophrenia. The Trust sought declarations under the Mental Capacity Act 2005 that the patient lacked mental capacity to consent to or refuse medical treatment and that it was lawful, being in her best interests, that she undergo a total abdominal hysterectomy.