Case Summaries

Appeal to the Judicial Committee of the Privy Council by wife in financial remedy proceedings in Jamaica in which the court had dismissed her application under the Married Women’s Property Act and ordered a lump sum payment by her husband.

Judgment in proceedings to determine, inter alia, which children’s services authority should be responsible for assessing and meeting the needs of dependent children from a homeless household where the duties of a local housing authority towards that homeless household are coming to an end and that family has been placed in another authority’s area.

Section 37 MCA 1973 – setting aside of reviewable dispositions – legal fees – appeal by husband’s solicitors of order setting aside a charge executed in their favour over the former matrimonial home

Judgment in proceedings following divorce in which the wife applied for orders regarding a property in London. A company (established and part-owned by the husband) applied against the wife for possession of that property. The judge transferred the property to the wife and dismissed the company’s application for possession.

Judgment by the President of the Family Division ruling that para 14.1 of PD30A FPR 2010 which states that an appeal is the only way in which a consent order may be challenged is ultra vires.

Appeal against determinations arising from the approach taken by the High Court in respect of issues of forum conveniens and welfare

Appeal by paternal grandmother of a child based upon the assumption that the judge at first instance had not regarded the grandmother’s claim to be the child’s long term carer as being unrealistic in the context of Re B-S. Appeal allowed.

Appeal by father against the refusal to adjourn an application for a re-hearing of care proceedings in which care orders were made in respect of four children and placement orders in respect of two of them.

Appeal by a mother against an order for the return of her 8 year old child to Morocco. Appeal allowed, the original order set aside and substituted with an order dismissing the father’s application.

Judgment arising from an application for strike out and/or summary judgment in relation to a claim under the Inheritance (Provision for Family and Dependants) Act 1975, providing consideration of Vince v Wyatt [2015] UKSC 14 on the limits of strike out and analysis of the requirements in cases with international elements at the early stages of proceedings.

Judgment of Mr Justice Keehan in which he found that the residential placement in hospital of a 15 year-old boy with behavioural disabilities constituted a deprivation of liberty, but concluded that his parents’ consent to the placement was a proper exercise of their parental responsibility.

Ex parte applications by local authorities to prevent travel to ISIS countries. Conduct of such applications and the importance of co-operation between agencies.

2010 post-nuptial agreement largely upheld on grounds of fairness after wife’s case of vitiation by duress rejected

Judgment arising from an application by a wife to enforce arrears accruing under an order for maintenance pending suit order, and from the husband’s cross-application to vary the order and remit arrears accrued.

Appeal against an order dismissing a claim for repayment of £620,000 paid to the respondent for the purposes of an illegal agreement. Appeal allowed.

Consideration of threshold and subsequent appropriate orders within public law proceedings