Case Summaries

Wife’s application for the recognition of a divorce granted in Ukraine on 9th October 2013 and the dismissal of divorce proceedings brought in this jurisdiction by the Husband’ in April 2013.

Judgment of Parker J on the issue of whether proceedings concerning a 9 year old girl should be heard in England or Spain, and whether the child should be returned to England from Spain.

Application for temporary leave to remove to non-Hague Convention country (India). Application refused. Criticism by the court of the Legal Aid Agency’s refusal to fund a report from an expert on Indian family law in spite of repeated directions that the court considered the report a necessary disbursement on the parties’ public funding certificates.

Judgment addressing significant delay in holding a fact finding hearing in private law proceedings, and the need for a further adjournment. The judge also considered the definition of religious ‘radicalisation’ in the context of child welfare.

Application by widow for a declaration that it is lawful for the sperm of her late husband to be stored for a period of up to 55 years notwithstanding that he had not complied with the 2009 regulations in certain respects. Declaration granted.

Appeal by mother against injunction forbidding disclosure of information and documents in Schedule 1 proceedings. Father had failed to disclose receipt of £111,000 and mother sought to disclose to Police / CPS and Financial Conduct Authority. Appeal dismissed.

Appeal by the children’s guardian against the recorder’s decision to decline to make care and placement orders sought by the local authority and instead to make a residence order. Appeal dismissed.

Applications by wife, in respect of costs already incurred, for (1) Legal Services Payment Order pursuant to Matrimonial Causes Act 1973, s22ZA; and (2) pursuant to Children Act 1989, Sch 1 para 1(2)(c) to cover the costs incurred in Hague Convention 1980 proceedings.

Application in the Court of Protection for a declaration that it would be lawful to withhold blood transfusion from a patient who was a Jehovah’s Witness.

Father’s successful application, pursuant to the inherent jurisdiction of the court, for the summary return of his two year old child to Bermuda after the mother had retained the child in this jurisdiction following a holiday.

Judgment explaining the mechanics of international judicial liaison, and why it has thus far failed in this case.

Appeal by an estranged daughter under the Inheritance (Provision for Family and Dependants) Act 1975 against quantum of award made at first instance. Appeal dismissed.

Application for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008

Application for a reporting restriction order in respect of five young people or children subject of care proceedings where the father of the three youngest children has been killed and criminal proceedings have been commenced in respect of that death.

Judgment in financial remedy proceedings in which the husband had failed to make payments agreed under the Court of Appeal mediation scheme. The wife issued a statutory demand in respect of the sums owed but the demand was withdrawn on the agreement that the matter was be resolved by further mediation. Such mediation did not take place, each party blaming the other. Ungley Order made.

Appeal by father against care and placement orders on the basis that the orders were not compliant with Re B-S. Appeal allowed, interim care order substituted and case remitted for further consideration. Costs awarded against the local authority.