Case Summaries

The Court of Appeal considers beneficial interests in a property held in the sole name of one cohabitee post Jones v Kernott, the “whole course of dealing” being held to be in relation to the property only, and considers the equity of exoneration in respect of the mortgage secured upon the property

Application by father for leave to oppose an adoption order, made pursuant to section 47(5) of the Adoption and Children Act 2002. Application refused and adoption order made.

Judgment arising from cross-applications for financial orders brought under the Matrimonial and Family Proceedings Act 1984, although both parties agreed that the case should be dealt with as if it were brought under the Matrimonial Causes Act.

Judgment arising from a fact-finding hearing and concerning expert evidence in family proceedings relating to (i) the capacity of a witness to give evidence and (ii) the witness’s veracity.

Application by mother for orders for the committal to prison of the father and paternal grandmother following alleged breaches of orders made within wardship proceedings for the return of 3 year old daughter, wrongfully retained in Poland. Found that the father had breached two orders but adjourned sentencing to a further hearing alongside determination of the alleged breaches by the paternal grandmother.

Judgment following a hearing to reconsider an existing interim order for five children to be returned from Ireland to foster care in England where independent evidence indicated that it was not necessary for the children to return.

Judgment in proceedings concerning the parties’ 14 year old child, who is a ward of court in England, where there have also been proceedings in Israel.

Moylan J rejects a wife’s maintenance pending suit application on the basis that her interim budget manifestly exceeded the standard of living of the marriage and that court intervention was not required to ensure her interim needs were met

Judgment concerning whether a Form A issued on behalf of a husband in a county court (before the Family Court was constituted) validly seises that court with competent power to make an application for a periodical payments order.

Appeal against a decision of the President to permit disclosure of DNA profiles, obtained under PACE during a criminal investigation by the police, for the purposes of establishing paternity in care proceedings

Appeal by a mother against a decision to refuse to order a 14 year old be summarily returned to Spain under the 1980 Hague Convention. Appeal dismissed

Care proceedings. Local authority to pay damages of £17,000 to a child, the mother and the paternal grandparents under breaches of Article 6 and Article 8 Convention rights.

Application by the father to appeal the decision of a Deputy District Judge that a document entitled ‘agreement between SC and YD’ be included as evidence in a forthcoming final hearing under TOLATA 1996

Application by mother to relocate to South Africa with her child, aged 15 months at the time of the judgment. Permission to the mother was granted.

Successful appeal brought by a father concerning the interplay between child benefit and liability for child support

Three judgments by Mostyn J arising from applications for enforcement by a wife of financial remedies order made against her husband.