Case Summaries

Appeal by mother following care and placement orders made in respect of her daughter on the basis that the judgment did not take a ‘global, holistic’ approach, as required by Re B-S, the judge had relied too much on a finding that the mother was dishonest, the judge’s exercise of discretion was wrong, and the decision was in breach of the Human Rights Act. Appeal dismissed. Consideration by the President of the wider implications of the Re B-S case and the post-Re B-S ‘landscape’.

Appeal by mother against the quantum of periodical payments ordered to be paid by the father for the benefit of their son under Schedule 1 to the Children Act 1989. Appeal dismissed.

Judgment addressing preliminary questions relating to the ownership and beneficial interest of the parties in three properties.

Judgment in financial remedy proceedings in which the husband caimed to have limited resources and the wife claimed that the husband’s father was extremely wealthy and could be expected to make capital available to meet a reasonable claim by the wife.

Holman J judgment lambasts ‘disproportionate’ costs and approach in TOLATA litigation and refused to proceed as the parties proposed

Application by a mother to discharge a prohibited steps order to enable her to take the children on an interim basis to the parents’ home country (non-Hague Convention)

Judgment in a fact finding hearing within care proceedings. Extent of the mother’s failure to protect child from extensive injuries perpetrated (on his own admission) by the father.

Judgment following final hearing in financial remedies case in which the parties had made cross-applications.

Appeal by mother against an order that her 7 year old daughter be summarily returned to Russia. Appeal allowed and the application for return remitted for rehearing.

Application by wife for permission to appeal against a lump sum payment to her of £400,000 to be paid by the husband upon the termination of a joint lives periodical payments order which would occur on his retirement. Permission to appeal granted, appeal allowed and matter remitted to be re-heard.

Appeal relating to the distribution of capital, and the quantum and term of maintenance in a needs case after a short marriage. This matter also considers delay in finalising an order and a possible extension to the 21 day time limit for appeal

Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November

Judgment in respect of urgent application by NHS Trust to treat young boy who might require a blood transfusion; his parents, who are Jehovah’s Witnesses, had refused consent to the transfusion. Application granted.

Appeal by the mother of a decision to dismiss her application for an increase in contact and a section 91(14) order made in relation to the same. Appeal allowed on the basis that the trial judge had not dealt with any of the contact centre material in his judgment.

Jurisdiction dispute between a married couple involving Italian ‘personal separation’ proceedings instituted by the husband and English divorce proceedings brought by the wife

Appeal in financial provision case between unmarried parties concerning whether a document considering future financial provision could be said to be privileged when created prior to proceedings