Case Summaries

Case concerning the question of jurisdiction to hear a divorce petition on the grounds of domicile of the wife

The court considers the effect of a prenuptial agreement on a wife’s applications for maintenance pending suit, interim periodical payments for a child, and legal services provision

Appeal by wife against of stay of English divorce proceedings following agreement by the parties that she should abandon the English proceedings. Held, applying Art 19 of Brussels IIR, that the enforcement of any agreement as to jurisdiction was prohibited. Appeal allowed.

Application by mother to vary an agreed order made in England concerning the shared residence of her child where there were subsequent proceedings in Italy. The court held that the original English proceedings had been concluded and that the Italian court might have jurisdiction and be properly seised. Accordingly, the later English proceedings were stayed.

Care proceedings where the father of a child, aged 3, has been charged with the murder of the mother. Criticism made by the judge of the parties’ failure to comply with court directions and guidance given as to the interplay between care proceedings and linked and concurrent criminal proceedings.

Application by father under Hague Convention 1980 for the return of child, aged 13. Mother opposed the application on grounds of the child’s objections and grave hardship / intolerability. Application granted.

Appeal against a judge’s decision that a 13-year old who alleged sexual abuse should not give evidence at a fact-finding hearing of those issues. Appeal allowed on procedural grounds.

Application by husband for permission to appeal against, inter alia, the refusals of a stay of contested divorce proceedings in England on the basis of ongoing Iranian proceedings and of an adjournment on the basis of the husband’s illness during the hearing. Application refused.

Second fact-finding concerning injuries to a child who suffered from rickets as a result of Vitamin D deficiency. Medical expert evidence considered. Held that there was insufficient evidence to determine that the injuries to the child were non-accidental.

Appeal against determination in the county court that the appellant held a property on trust for the respondent. Appeal dismissed.

Application by former cohabitant for orders concerned with the removal of his property from the defendant’s home.

Committal of father for contempt of court on account of his violence in courtroom during family proceedings. Consideration of effect of sentence in criminal proceedings for assault occasioning actual bodily harm and common assault.

Appeal in financial remedy proceedings against an award in favour of a wife which included 25% of the husband’s future bonuses. Appeal allowed and cap imposed of £20,000 pa.

Application by wife for interim financial provision for herself and two children in proceedings in which the parties dispute the validity of a non-proceedings divorce, in the husband’s home country, entitled to recognition in this country.

Judgment in Court of Protection proceedings concerning an 84 year old woman detained under an authorisation by the court so that she was no longer eligible for non-means tested legal aid.

Appeal against claim for professional negligence of solicitors in ancillary relief proceedings. Appeal dismissed.