Case Summaries

Non-means tested legal aid restored, in effect, in cases under s21A of the Mental Capacity Act 2005.

Judgment in Court of Protection proceedings, brought by local authority, concerning vulnerable adult and care proceedings concerning child born to her.

Application to the Court of Protection by a husband of an elderly woman with dementia, seeking a series of declarations that the Health Board had acted unlawfully by preventing his wife from living with him and having contact with him. Applications refused.

Application under the Mental Capacity Act 2005 for a declaration that an expectant mother lacked capacity to consent to medical treatment relating to the delivery method of her baby, as well as in relation to her ante-natal and post-natal treatment. Declaration granted.

Application by mother for a specific issue order in respect of the choice of secondary schools for the four youngest children of Jewish parents. Order granted that the children attend schools of the mother’s choosing.

Appeal by a father to the Supreme Court in proceedings under the Hague Convention and the Court’s inherent jurisdiction, concerning the approach to be taken by the UK courts towards the return of a child brought to the UK pursuant to a foreign order, which is later overturned on appeal.

Judgment considering whether former wife’s application pursuant to s.423 Insolvency Act 1986, to set aside substantial money transfers made by her deceased ex-husband during his lifetime should be dismissed

Judgment of Parker J in proceedings brought by a wife (“W”) seeking monetary compensation for the breach of, and to otherwise enforce, undertakings given by a husband (“H”) in an order made by Kirkwood J in 2002

Application in the High Court for a Parental Order – Consideration of s.54(8) HFEA 2008 criteria.

Judgment, in care proceedings concerning a child who had ied and another who had suffered injuries, relating to fact-finding hearings and arrangements for a final (welfare) hearing.

Enforcement proceedings for non-compliance with a maintenance order in which the Court examines the test for determining whether the non-paying party has means to pay

Appeal by mother against refusal of leave to oppose adoption order pursuant to s.47(5) Adoption and Children Act 2002. Re B-S applied, Appeal allowed.

Appeal by mother against refusal of leave to oppose adoption order pursuant to s.47(5) Adoption and Children Act 2002. Re B-S applied, Appeal dismissed.

Appeal by father against an order prohibiting him from removing his son from the mother or from his primary school. Appeal allowed on the basis of a number of procedural irregularities which caused the decision to be unjust and wrong.

Application by wife for financial remedies where the main assets were the former matrimonial home and the resources available to the husband from a Liechtenstein foundation. Periodical payments order made.

Judgment in relation to the issue of disclosure concerning trusts following the conclusion of substantive financial remedy proceedings