Case Summaries

Case summary coming soon

Court of Protection proceedings concerning validity of an advance decision made by XB, an adult suffering from motor neurone disease, to have his ventilation removed.

Judgment on an appeal brought against findings of fact concerning the circumstances of a supervised contact session during which it was alleged social workers had been physically assaulted.

Court of Appeal judgment in an appeal from care and placement orders in respect of three children aged 7, 5 and 1.

Application by HMRC for the release and/ or production of documents disclosed in ancillary relief proceedings. Application dismissed.

Application for leave to apply for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. Application dismissed on the ground that the applicant could not demonstrate that the marriage, conducted at the Moroccan Consulate, was one to which section 12 of the Act applied.

Appeal by paternal grandmother against a refusal of leave that she be joined as a party in care proceedings. Appeal dismissed.

Appeal against a costs order in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975. Appeal allowed.

Appeal against judgment refusing father’s application for contact with his son. Appeal dismissed.

Judgment in intractable contact / parental alienation case, giving guidance on case management in such matters

President’s judgment concerning delay and ultimate refusal by the LSC to grant prior authority for the instruction of an independent social worker to perform a parenting and risk assessment of parents. The President provides Guidance on seeking prior authority from the LSC for instructing an expert witness in family proceedings.

Dispute between unmarried parties as to the beneficial ownership of a property which involved claims of constructive trust and proprietary estoppel.

Appeal against occupation order made excluding the husband from the former matrimonial home for 3 months where no recent violence alleged but finding that children were likely to suffer significant harm if parties did not separate. Appeal dismissed.

Appeal against judgment refusing permission to instruct an expert concerning the possible cross-transmission to a child of a sexually transmitted disease. Appeal dismissed.

Appeal in private law children proceedings concerning, amongst other matters, discussions taking place between counsel and the judge. Appeal dismissed.

Dispute as to whether a decree nisi granted in divorce proceedings in 2006 but which had never been made absolute, should be rescinded or alternatively leave should be granted for the decree nisi to be made absolute.