Case Summaries

Applications for permission to appeal the judgment in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement)

Application for permission to appeal the making of (1) a specific issue order in relation to the education of five children from the Chareidi community of ultra orthodox Jews; (2) a residence order in favour of the mother. Permission refused in relation to the residence order. Permission granted in relation to the education specific issue order but the appeal dismissed.

Judgment of Peter Jackson J regarding the imposition of a conditional residence order.

Fact finding in care proceedings where the two elder children died 12 weeks apart while in the mother’s sole care. Post mortems failed to ascertain the cause of death. Court held that it was not proved that the mother had smothered the children, despite this being the conclusion of the expert paediatrician.

Application for an adoption order, opposed by the parents on the grounds that the Scottish legal process leading to a placement order breached Arts 6 and 8 of the ECHR. Application granted.

Application for parental orders pursuant to the HFEA 2008 in the event that the surrogate could not be found to consent to the parental orders, as required. Orders granted. Retrospective permission granted to pay surrogate beyond reasonable expenses.

Proceedings to determine which of two local authorities was the designated authority for the purposes of the Children Act 1989, section 31. Consideration as to whether the children in question were looked after children for the purposes of section 105(6).

Appeal against an order that the inherent jurisdiction of the High Court may be deployed following the implementation of the Mental Capacity Act 2005 for the protection of adults who have capacity but are perceived to be vulnerable. Appeal dismissed.

Appeal by parents against s.34(4) Children Act 1989 order permitting the local authority to refuse contact. Appeal allowed.

Application for permission to appeal the making of a placement order for adoption which did not include an order for contact with the paternal family where all parties had agreed that contact should continue. Permission granted.

Care proceedings in which contradictory hair strand tests for drug use arose – Court’s endorsement of principles relating to hair strand testing but declining to provide further guidance or enquire as to the causes of mistakes in the case.

Contact proceedings where allegations of abuse by the father had been made to a local authority by a third party who did not want their identity or the details of the allegations to be disclosed.

Appeal from dismissal of an application by trustees of pension funds to recover monies paid to the wife after an ancillary relief order, in circumstances where the husband had fraudulently appropriated the funds from the pension funds

Application for permission to appeal an order relating to the beneficial interest of the former family home. Permission to appeal granted only as to the amount of occupation rent to be paid by the occupying party.

Judgment concerning reporting restrictions in family remedy proceedings. Order prohibited disclosure of any information in respect of the proceedings save for certain specified matters.