Case Summaries

Appeal by father against a determination that he was in contempt of court in private children proceedings. Appeal dismissed.

Application by a wife in financial remedy proceedings for the continuation of an ex parte freezing order in respect of the husband’s assets. Guidance provided (with the authority of the President) on the use, necessary safeguards and form of freezing and search orders in such cases. Principles established in Tchenguiz & Ors v Imerman also considered.

Retrial of finding of fact hearing. Additional medical expert evidence assisted in concluding there were fewer fractures to the child’s skull than originally thought. Parents still determined to have been the perpetrators of the injuries.

Application by a Spanish mother pursuant to the Hague Convention and Article 11 of the Council Regulation 2201/2203 for the return of her four children after they were wrongful retained by the British father after a holiday. Consideration given to the correct approach to the exercise of a court’s discretion when an older child objects to the return. Application granted.

Consideration of whether 17 year old girl with learning difficulties should give evidence in public law proceedings as to allegations of sexual abuse by her father. Ruling that she should with appropriate safeguards.

Judgment relating to the giving of oral evidence by a vulnerable individual.

Judgment in financial remedy proceedings where agreement had been reached in respect of all but one of the more important assets but not in respect of less important ones.

Appeal by mother in care proceedings against the refusal to permit her to instruct three expert medical witnesses. Appeal allowed and guidance given by the President concerning the test for permitting expert evidence to be adduced under r 25.1 of FPR 2010.

Appeal by parents against findings of fact in respect of injuries to a ten-month old child. Appeal dismissed.

Appeal by husband against striking out of application to vary a maintenance order. Appeal dismissed.

Appeal to the Supreme Court by parents concerning the application of the criteria for making a care order under section 31 of the Children Act 1989 when the risk is of future psychological or emotional harm, and the role of the appellate courts once the trial judge has made an order. Appeal dismissed (Baroness Hale of Richmond dissenting).

Appeal to the Supreme Court by a wife concerning properties vested in several companies and whether they could be treated in ancillary relief proceedings as beneficially belonging to the husband. Appeal allowed unanimously.

Application for a declaration that the adoption of a 7 month old child in Kazakhstan is recognised in England and Wales; and a cross-application by the child’s guardian that the adoption is not so recognised. Held that the adoption is not recognised by the law of England and Wales.

Appeal against order granting leave to remove, financial considerations relevant as well as welfare. Appeal dismissed.

Application for permission to appeal against orders reducing father’s contact and an order not dealing with the application to change the child’s name. Permission granted and appeal allowed.

High Court application to determine the continuation or discharge of a reporting restriction made in respect of a criminal trial