Case Summaries

Appeal concerning the burden of proof to be applied when assessing the age of an applicant for the purpose of determining a local authority’s duties to him or her under the Children Act 1989. Held, dismissing the applicant’s appeal, that it was for the court to decide whether, on a balance of probability, the claimant was or was not, at the material time, a child.

Appeal against an occupation order which had been made under the Family Law Act 1996 (Part IV) excluding the Appellant from the rented property that he had shared for many years with the Respondent.

The maternal grandmother sought party status within care proceedings shortly before the final hearing because she sought to establish herself as primary carer for the three children subject to the local authority’s applications.

Final judgment in High Court of application by wife for financial orders under Part III of the Matrimonial and Family Proceedings Act 1984, dealing with issues of material non-disclosure by the husband, the treatment to be given to a post-nuptial agreement and an application by a third party for a charging order absolute against the husband.

Court of Protection proceedings to determine whether the accommodation of a 45 year old man with an acquired brain injury in a local authority care home amounted to a deprivation of his liberty. Held, on a narrow balance, that he was subject to a restriction on his liberty rather than being deprived of it.

Costs dispute in relation to Court of Protection proceedings concerning a vulnerable adult. The judge ordered a departure from the usual no order for costs order rule applicable to such cases by virtue of the unusual circumstances of the case and the approach the local authority had taken.

Appeal from the Court of Protection. Deprivation of liberty. Circumstances when it can be said a child has been deprived of liberty.

Appeal against a financial remedy order by a district judge. Appeal allowed because insufficient consideration had been given to the existence of a marital settlement, the nature of the parties’ contributions and the length of the marriage.

Financial remedy proceedings between a husband and a wife in which a company, closely connected to the husband but which he did not own, paid £500,000 into court. That sum was ordered to be paid to the wife as a first instalment of a lump sum. Held that the court had no jurisdiction to make that order.

Appeal of judgment from fact finding hearing in care proceedings.

Appeal from the judgment of Parker J in what Munby LJ described as “exceptionally difficult adoption proceedings” concerning a one year old baby where the mother feared so called “honour-based” violence and/or rejection by her family should her relationship with the father and her pregnancy be discovered.

Proceedings concerning contact with two children living with biological mother and partner, who have parental responsibility for them, in same-sex relationship. Held that contact with the biological father and his same-sex partner should be direct in respect of one child and indirect in respect of the other.

Appeal in financial remedy proceedings against termed maintenance order. Appeal successful.

Father’s appeal against refusal to grant permission to apply for judicial review of decision by NHS Trust not to investigate father’s complaint about psychiatrist who gave evidence in family proceedings. Appeal dismissed.

Judgment on an appeal brought in the course of proceedings for nullity.

Father’s appeal against a child maintenance formula assessment and against a departure direction in relation to child support for his daughter, now aged 14.