Case Summaries

Judgment as to where a 6 year old girl should live following the death of her mother: whether with her father and his partner or with family friends of her mother, with whom she was currently living.

A short judgment allowing an application for a declaration under the Presumption of Death Act 2013, in tragic circumstances, that the respondent wife was either dead or had not been known to be alive for a period of at least 7 years.

The President of the Family Division, Sir James Munby’s judgment following a finding of fact hearing in a case in which he had already given two judgments, Re X (Children), Re Y (Children) [2015] EWHC 2265 (Fam); Re X (Children), Re Y (Children) (No 2) [2015] EWHC 2358 (Fam).

Judgment of Munby P concerning the administrative mistake of an IVF clinic and s.42 of the 2008 Act on consent of the gestational mother’s civil partner.

Court of Appeal upholds first instance decision awarding a former partner a 10% interest in her partner’s property as a result of proprietary estoppel

Appeal from a committal order sentencing the appellant to six months’ imprisonment for breach of a collection order which had been made over eleven years previously. Appeal allowed and guidance given as to the conduct of contempt proceedings.

Judgment of Parker J in dispute as to whether the English court had jurisdiction to hear the wife’s maintenance application.

Judgment of Parker J as to whether a 29 year old learning disabled man, KA, lacked the capacity to make decisions on sexual relations and marriage.

Application for an adoption order by a couple with whom the child had been living since July 2013 when she was 8 months old. The mother had indicated her opposition; however her consent was dispensed with and the adoption order was made.

Appeal by a mother to Court of Appeal against making of SGO on grounds including that it was an unnecessary and disproportionate interference with Article 8 rights. Appeal dismissed.

The Court of Appeal rules on a point of construction in consent order of deceased Russian oligarch and former wife.

The Court of Appeal considered international and domestic law and determined that it was wrong to hold that in principle diplomatic immunity could not shield a husband from a wife’s Part III MFPA 1984 claim. However H’s permanent residence in the UK precluded H from availing himself of such protection from W’s financial claims.

Detailed judgment of Roberts J in financial remedy proceedings concerning the applicability and calculation of discounts on certain risk-laden or partially-illiquid investment funds for the purpose of capital distribution following an order for equal sharing of all net assets.

Application for declaratory relief under s17 Married Women’s Property Act 1882 in relation to the beneficial ownership of four residential properties.

Judgment in ‘big money’ financial remedies case in which Mr Justice Holman considers issues of matrimonial and non-matrimonial property, and special contributions.

Final judgment in long-running Court of Protection proceedings concerning a 29 year old man who has autistic spectrum disorder and a learning disability.