Case Summaries

Court of Appeal uphold decision that solicitor on retainer limited to re-drafting a financial remedies consent order had no duty of care to advise on merits of the underlying agreement.

Judgment in Hague Convention proceedings after the father withdrew his application for the summary return of the child to Spain owing to its unusual facts.

Appeal to the Upper Tribunal by mother seeking variation of child support based on, inter alia, the father’s lifestyle being inconsistent with his declared income. Appeal dismissed and First-tier Tribunal’s decision should be implemented.

Hearing in private law children proceedings before Mr Justice Cobb on the mother’s application for a wasted costs order against the father’s solicitors. Held that a wasted costs order was justified and proportionate in this case.

Application under the Hague Convention for the summary return of a 7 year old child to Bulgaria. Application successful and child’s return ordered.

Appeal considering whether a local authority should be liable for the abuse perpetrated by foster carers on the child in their care. Held that the local authority was not so liable.

Fact-finding of sexual and physical abuse and subsequent welfare decision for long-term specialist foster care for the child.

Wife’s application for a financial remedies order where the quantum of the assets amounted to c. £19 million yet there was virtually nothing at all in the name of the Wife

Successful appeal from the summary dismissal of an application brought by parents to discharge a care order

Judgment deciding the issue of jurisdiction in care proceedings concerning a Romanian national who had been habitually resident in Romania for all of her life until she came to live in the UK in 2013.

Financial orders made in W’s favour under s 16 of the Matrimonial and Family Proceedings Act 1984 following a foreign marriage and divorce on the basis of the parties’ substantial connection with this jurisdiction.

Appeal against an order terminating the wife’s substantive spousal maintenance award and imposing an immediate clean break whilst leaving unaltered her obligation to pay part of her eldest daughter’s school fees

Judgment in financial remedy proceedings in which the wife appealed against various orders at first instance and contended that various circumstances amounted to Barder events. Appeal dismissed and civil restraint order imposed.

Judgment in financial remedy proceedings involving a short marriage and c. £6.9M assets, the court considering a ‘clutter’ of ‘doomed’ arguments as to pre-acquired earning capacity, contribution and conduct (including add-backs), and whether it should make a ‘higher order’ if a party will settle for less.

Judgment concerning the extent to which the wishes and feelings of children are relevant when considering whether the criteria for transferring jurisdiction pursuant to Art 15(1) of Brussels IIa are met.

A wife’s claim for financial remedy involving extreme litigation misconduct by the husband.