Case Summaries

Action claiming that there was a constructive trust affecting all property held in the name of the claimant’s son arising from the Hindu Joint Family System and the principles of Mitakshara and that his interest in that trust had been severed.

Application for permission to appeal interim care orders subsequent and Special Guardianship Orders relating to two children; permission granted.

Judgment of the Court of Appeal concerning the interpretation and application of Article 23(a) of Brussels IIR and the issue of dual habitual residence.

Committal proceedings and judgment summons relating to breaches of orders for the payment of child maintenance. Sentence of one year’s imprisonment imposed, suspended on terms.

Appeal concerning a claim based upon proprietary estoppel by a son in connection with his father’s farm

Appeal by the child to set aside an order under the Hague Convention 1980 to which she had originally consented. As no issues had been previously adjudicated on the matter the proceedings were remitted to the Family Division.

Financial remedy case where the husband contended that there should be a departure from equality on the basis of contributions and post-separation growth of a company formed during the marriage.

Applications for declarations of beneficial interests in a number of properties by various family members of the husband, such claims being opposed by a receiver appointed to enforce a confiscation order.

Appeal by child’s mother arguing that the English court has jurisdiction under its inherent jurisdiction, irrespective of the habitual residence or physical presence of a child, who is a British subject, in this jurisdiction.

Application for permission to appeal in proceedings under Sch 1 to the Children Act 1989 against an order that the applicant mother was habitually resident in this jurisdiction. Permission refused.

Application for a declaration under section 55(a) of the Family Law Act 1986 that a marriage which took place in a mosque was a valid marriage at its inception. Application granted.

Application for permission to appeal against a district judge’s order for costs against a father in contact proceedings. Application refused on the basis of the proportionality of the appeal to the sum in issue.

Appeal within care proceedings concerning the question of whether an uncle who was accused of sexual abuse should have been discharged as an intervener.

Hedley J provides guidance as to the duty of a social worker to be satisfied that the person consenting to a section 20 accommodation of a child by the local authority has capacity to do so, is fully informed and that there are reasonable grounds for removal, with such removal being proportionate.

Proceedings under the inherent jurisdiction concerning withdrawal of treatment (other than palliative care) to a baby with profound and irreversible brain damage

A case concerning whether the marriage in Bangladesh of a young woman with severe learning and other disabilities should be recognised as valid in this jurisdiction.