Case Summaries

Appeal from the making of a decree absolute on the grounds of fresh evidence that the decree would prevent enforcement of order transferring shares.

Fact-finding hearing as to whether a couple who had apparently given birth to a child in Nigeria had been aware that it was actually a ‘staged labour’.

Application to the ECtHR by mother in care proceedings, claiming that her Article 6, 8 and 13 rights had been violated, partly as a result of the involvement of the Official Solicitor. Held that there had been no violation.

Application alleging in particular a breach of the applicant’s private and family life with regard to her inability to have a child by means of IVF using the embryos she had previously deposited in a private clinic from which the embryos were seized as part of a criminal investigation by the state authorities and deposited at the Institute of Forensic Medicine, which was not authorised to function as a genetic bank.

Appeal of award under the Inheritance (Provision for Family and Dependants) Act 1975 to deceased’ cohabitant and her adult son.

Appeal by mother against residence and contact order in respect of four children on the grounds, inter alia, that the order had been made without hearing from the parties and that allegations of domestic violence had not been adjudicated upon. Appeal allowed.

Application under Part III of the Matrimonial and Family Proceedings Act 1984: the correct approach in truly “international” cases; independent wealth and separate finances; short marriage; needs

Appeal of refusal to revoke placement orders in relation to children aged 6 and 4

Application for an order for the CPS and for the Respondent to disclose material to the Applicant in the course of her application to set aside an ancillary relief order which she alleged had been procured by material misrepresentation.

NB – Reporting Restriction Order in respect of naming the younger child.

Further hearing in care proceedings concerning two children, one of whom was the subject of a special guardianship order. That order was revoked. Plans to be made for the return of both children.

NB – Reporting restriction order prohibiting the naming of the younger child

Re-hearing of a fact-finding in care proceedings concerning two children where the father had been convicted of causing grievous bodily harm and child cruelty towards the older child, but the conviction had been subsequently overturned. No finding of fault against the parents.

High Court. Financial remedy case, involving inherited assets, determined on ‘needs’ basis. Wife awarded a limp sum of £8.7 million, equalling 32.5% of the net assets

Appeal by father against findings of fact in care proceedings. Appeal dismissed.

Application by an NHS Trust for declarations in relation to the best interests of a severely disabled child and, in particular, as to his medical treatment in the event that his condition should deteriorate. Declaration granted as the nature of treatment which he might receive.

Application by the Official Solicitor that the NHS Trust (the applicant in Court of Protection proceedings) pay half his costs – consideration of how the general rule for costs and the exceptions thereto apply to the Official Solicitor

Application by the parties in personal injury proceedings concerning the quantum of damages be awarded to a brain damaged claimant for joinder to Court of Protection proceedings concerning his placement and rehabilitation