Case Summaries

Wife succeeds in application to join trustees to existing proceedings brought by her to vary two familial trusts on the basis that they were nuptial settlements.

Application for judicial review made by a child challenging the London Borough of Lambeth’s assessment of her as not being a ‘child in need’ under section 17 Children Act 1989.

Judgment in the Chancery Division concerning the beneficial ownership of various companies, properties and chattels arising from the breakdown of a relationship between a cohabiting couple.

Application by a former wife under Part III of the Matrimonial and Family Proceedings Act 1984 for financial relief after an overseas divorce. Judgment in ‘Stage 1’ of the proceedings that (pursuant to s.16) it would be appropriate in principle for the English court to make an order for financial relief.

The Court of Appeal’s determination of a dispute as to the question of the designation of a local authority under a care order

The Court of Appeal dismisses a mother’s appeal against care and placement orders in relation to her young daughter.

Court of Appeal allows appeal and sets aside findings that a father smothered a 13 month old. Re-hearing to be kept under review pending the criminal proceedings.

Judgment concerning whether the Court can direct scientific testing of the DNA of a person who has died, for the purpose of providing evidence of paternity. Testing granted in the circumstances of this case.

Use of inherent jurisdiction to sanction local authority’s limitation of mother’s parental responsibility to choose children’s forenames.

Applications by father concerning the amount of time the parties’ two children should spend with each parent; whether the father should be permitted to take the children to visit his family in Algeria (a non-Hague Convention country); and whether it was in the children’s best interests to be circumcised in accordance with the father’s Muslim beliefs.

Wife’s successful appeal against a financial remedies order which set aside an order in her favour varying periodical payments. The Court of Appeal concluded that even though the wife’s notice did not contain an express reference to an application for an extension of the term of the periodical payments order, it satisfied the procedural requirements when read alongside the witness statement filed in support.

Appeal by mother against the decision to hear oral evidence at an appeal hearing against a decision of the Lay Justices and the findings at the subsequent re-hearing held before the same judge. Appeal allowed and case remitted to the Lay Justices.

Peter Jackson J’s judgment on a health board’s application to the Court of Protection in relation to the care and treatment of a young woman suffering from life-threatening anorexia.

Judgment considering the exercise of the court’s powers under the inherent jurisdiction to recognise and enforce orders concerning the medical treatment of children made by the courts of another member state of the European Union.

Application for a declaration of parentage in accordance with s.55A Family Law Act 1986, where the relevant consents were given on the wrong form following the implementation of the HFEA 2008.

Supreme Court judgment concerning the applicability of Article 15 of Brussels IIa to applications for care orders and the proper approach to the assessment of the children’s best interests on applications for transfer of the proceedings.