Case Summaries

Appeal against an ancillary relief order made in the Principal Registry of the Family Division in which the judge had declined to make a Mesher order.

High Court application within private Children Act proceedings for a costs order against a non party local authority.

Appeal against a finding that there was no beneficial interest in a property where the appellant had contributed a sum at the time of its purchase.

Application for a contact order opposed by proposed adoptive parent. Court made adoption order but also made limited contact order.

Appeal by children’s guardian against various aspects of a fact-finding as to who had perpetrated non-accidental injuries to the youngest child.

Application by the Health Services Executive of Ireland for the transfer of public law proceedings to England and Wales under Art 15 of Brussels (II) Revised

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.