Case Summaries

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as to whether a decree nisi granted in divorce proceedings in 2006 but which had never been made absolute, should be rescinded or alternatively leave should be granted for the decree nisi to be made absolute.

Fact finding hearing in care proceedings involving non-accidental intra-cranial injuries to a 15 week old child in which Baker J considered medical evidence from six leading experts.

Private law case. Child habitually resident in England. F sought to rely on exception in Article 12(1)(b) Brussels II Revised to stay English proceedings and for matters to be dealt with by French court. Held M had not unequivocally accepted French jurisdiction and even if Judge wrong in reaching that conclusion, best interests of child were met by hearing being conducted in England.

Appeal by grandmother in private law proceedings against a residence order to be made in favour of the mother of her grandchild once the mother found suitable accommodation. Appeal allowed.

Appeal in private law contact case in which Cafcass officers disagreed as to whether there should be supervised contact but where commencement of supervised contact had been ordered without oral evidence from the Cafcass officers.

Appeal as to which local authority was the designated local authority with responsibility for implementing a care order for a child, in circumstances where the child’s mother was herself a child in care.

Judgment on the issue of costs following the substantive decision in Inheritance Act claim in Lilleyman v Lilleyman.

Judgment in Inheritance Act proceedings brought by a wife against the estate of her late husband. The defendants were the husband’s two sons from an earlier marriage, who were both executors and principal beneficiaries under the husband’s will.

Appeal as to whether proceedings, concerning the residence of the parties’ child, should take place in Scotland, where she now lived with the mother, or England. Appeal allowed.