Case Summaries

Financial remedies preliminary issue hearing to determine whether the husband held a shareholding in the family business on trust for his son (the intervenor) and whether the shares were available as a resource of the husband

Appeal by mother of an adult woman against a decision that she did have capacity to consent to sexual relations. Appeal dismissed.

Appeal by mother against care and placement orders made in respect of her youngest child. Held that adoption was not a proportionate outcome. Accordingly, the appeal was allowed, the adoption order was set aside and the care order was replaced with an interim care order.

Application by the police (opposed by the local authority and the guardian) to be joined as a party to care proceedings

Consideration by the Court of Appeal of the appropriate use of split hearings within public law children proceedings.

Interim hearing within financial remedy proceedings in respect of the wife’s claims for maintenance pending suit and a Legal Services Order

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.