Case Summaries

Judgment in final hearing of financial remedy with CPS intervening – confiscation order made prior to final hearing – wife with no knowledge of husband’s fraud – consideration of extent of wife’s beneficial interests in properties held by the parties and the extent of untainted assets available to meet W’s claims.

Appeal allowed against an order committing the Appellant to prison for 9 months for having failed to pay a lump sum to his former Wife following contested ancillary relief proceedings.

Appeal against a final care order and adoption order on the basis that the decision was plainly wrong.

Judgment in a case where the Jewish parties agreed to be bound by an arbitration decision by a Beth Din, detailing the court’s approach to such arbitrations and the circumstances in which the court may be willing to approve an order agreed through such religious arbitration.

Appeal against findings of fact made within care proceedings

High Court judgment on preliminary issues as to whether wife is barred a) by operation of res judicata from asserting in financial remedy proceedings claims concerning an agreement involving the husband; and b) from running a case of "add-back" in relation to losses arising from enforcement of that agreement.

Application in TOLATA proceedings that in those proceedings at the main hearing, and in the final judgment, all relevant people and places should be anonymised. Following settlement of the main action, order granted that the judgment should be anonymised.

High Court proceedings as to what further steps should be taken to enforce an order for the return of two children to Spain and whether a stay should be granted on the order for their return.

Appeal by the husband against the variation of an order made by consent, which had been held to be an order for the payment of a lump sum in instalments. Appeal dismissed.

Hague Convention application for return of child to the US considering whether child’s habitual residence can be changed by a removal pending exhaustion of appeals and relevance of pending appeal in US Supreme Court.

Fact-finding hearing in private law proceedings – “honour” based violence – discussion of difficulties created by lack of corroborative evidence, unrepresented interveners and previous untrue statements provided by the mother.

An application for judicial review on the local authority’s withdrawal of support under the Children Act 1989 pending a removal by the UK Border Agency.

Guidance given for the appropriate procedure to be followed in applications to revoke freeing orders.

Appeal by a father against a case management decision refusing him permission to instruct a biomechanical engineering expert in care proceedings pursuant to Part 25 of the Family Procedure Rules 2010. Permission to appeal granted but appeal dismissed. In dismissing the appeal, the President of the Family Division rehearsed the principles involved in appealing case management decisions.

High Court proceedings as to whether English divorce proceedings instituted by the wife should be stayed to enable Indian proceedings for divorce instituted there earlier by the husband to proceed; and, if the English divorce proceedings were stayed, what should happen to the wife’s proceedings against the husband in England under S27 MCA 1973.

Appeal against an order that there should be no direct contact between a father and children. Appeal dismissed.