Case Summaries

Holman J recuses himself from financial remedies case in which the wife sought to set aside a consent order on the basis of material non-disclosure

Judgment arising from an application by NHS Foundation Trust as to whether it would be lawful to withdraw mechanical or artificial ventilation from two identical male twins, now aged about fourteen months.

Appeal to the Supreme Court by a wife concerning the impact of fraudulent non-disclosure on a financial settlement agreed between a husband and wife on divorce, especially one embodied in a court order.

Appeal to the Supreme Court by a wife concerning the setting aside of a final order made in financial remedies/ancillary relief proceedings on the basis that there had been material non-disclosure by the husband.

Roberts J set out the court’s jurisdiction to make freezing orders in relation to family members’ operation of a family-owned business

Appeal by mother following a fact-finding hearing to determine allegations against the father. The appeal concerned difficulties including (i) the question as to which effective decision was under appeal and (ii) that there was no order giving effect to the judgment that the mother wished to challenge.

Father’s appeal against an order made by the President of the Family Division refusing the father’s application for the mother’s committal following breach of an order requiring the return of two of their five children to Spain.

A final hearing in Financial Remedy proceedings involving issues of non-disclosure

Application for a declaration that it was lawful (contrary to his express wishes) to amputate the foot of an adult who lacked capacity in circumstances where without the operation he could die within a few days. Application refused.

Judgment in a case where the mother had failed to comply with the terms of an order to return the children to the jurisdiction from the Sudan, where there were concerns about the risk of the daughter being subjected to FGM

Appeal against summary dismissal of application for discharge of care orders. Appeal granted by the Court of Appeal.

Applications by mother in respect of the parties’ three children: (i) to revoke an order allowing the father indirect contact; secondly, (ii) to revoke the father’s parental responsibility and (iii)an application pursuant to s 91(14) CA 1989.

Appeal against the refusal to make an adoption order in respect of MW, a young person aged 18 of Pakistani nationality, by which FAS, a British citizen, would become his adoptive mother. Appeal dismissed for reasons other than those given at first instance.

Judgment concerning an application for a reporting restriction following publication of a previous judgment in the same matter which Mr Justice McDonald considered to be in the public interest.

Applying FPR 2010 rule 20.2(1)(c)(v), and s 33 FLA 1996, in circumstances of the parties’ pressing debts and revenue deficit the court made an interim order for sale of the matrimonial home in which the wife and two children remained living.

Costs awarded on an indemnity basis against a local authority at the conclusion of Court of Protection proceedings.