Case Summaries

Appeal by mother to the Supreme Court against an order of the English Court of Appeal that she should immediately return her son, aged two, to Australia. The mother relied on Art 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction 1980. Appeal allowed.

Care proceedings involving issues of jurisdiction, paternity and s.38(6) applications

Appeal against findings made in preliminary issue trial, on the basis of procedural irregularities in arranging a meeting between the judge and a child. Appeal dismissed.

Costs judgment following the substantive hearing in GS v L [2011] EWHC 1759 (Fam). The wife contended that there should be a departure from the usual position in relation to costs by virtue of the husband’s approach to the litigation.

Appeal against orders under Children Act 1989 s 34(4) excusing the local authority from making further contact provisions in respect of two children, and against their mother under s 91(14) of the Act. Appeal dismissed.

Appeal brought by solicitors in financial remedy proceedings against a wasted costs order made against them.

Financial remedies case including an analysis of matrimonial property regimes and more helpfully a straightforward analysis of the law relating to periodical payments.

Financial remedies case final judgment in a case in which the husband had argued that £1.49 m of assets were ring-fenced having either been pre-acquired or subject to a community of property agreement.

Court of Protection proceedings. Declarations made as to the incapacity in several respects of a 29 year old woman with learning difficulties and atypical autism, including incapacity to consent to sexual relations.

Financial remedies case with matrimonial assets of £2.6 million where the husband had a well paid job in the city and the wife had a significant earning capacity as well as being the beneficiary under substantial family trusts.

Appeal against interlocutory orders whereby the wife could continue ancillary relief proceedings and which left freezing orders made in her favour in place , notwithstanding Chancery Division proceedings which had dealt with most of the Husband’s assets.

Appeal in respect of the timing of a declaration of parentage of twins and orders relating to the disclosure to them of parentage. Appeal allowed.

Mother’s application for permission to appeal judgment on the basis of judge’s approach to the issue of low vitamin D levels and increased vulnerability to fractures in infant bones.

Judgment on a preliminary application to adduce fresh medical evidence in the context of an appeal against final care and placement.

Application before Bodey J to determine whether an Islamic wedding ceremony took place and if so what its legal effect was, if any, in English law.

Appeal against an order authorising a trial placement in a supported living facility near to the family home. Consideration as to whether the Art 8 right to respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford priority to the placement of an incapacitated adult in his or her family or whether family life is simply one of “all the relevant circumstances” which under the Mental Capacity Act 2005, s.4, the court is bound to consider.