Case Summaries

Appeal against District Judge’s order in financial remedy proceedings where the appeal was essentially a challenge to the District Judge’s findings of fact. In light of a number of errors in principle the order would be set aside in its entirety and a retrial would be directed.

Appeal to High Court from County Court in financial remedy proceedings where there were only modest assets.

Dispute as to whether for the purposes of English divorce and connected proceedings, a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court was entitled to be afforded recognition in this jurisdiction.

Application to the Court of Appeal in the context of care proceedings concerning refusal of the father’s application to instruct a second expert.

Application for parental orders in respect of children born to two women in India under surrogacy agreements. The President held that whilst payments under the agreements did not comply with the HFEA 2008 section 54, they were not disproportionate and granted the orders sought.

Appeal brought on behalf of three separately represented children in the context of their father’s application for their return to Poland under the 1980 Hague Abduction Convention and Article 11 of Brussels IIR.

Court of Protection proceedings concerning the appointment of a patient’s Relevant Person’s Representative as his litigation friend in a challenge to a deprivation of the patient’s liberty pursuant to s.21A Mental Capacity Act 2005.

Appeal from a refusal to grant a return order under the Hague Convention. The mother had asserted an Art 13b ‘defence’. Appeal allowed.

Appeal from a fact-finding hearing in which the first instance judge found certain of a child’s injuries to have been non-accidental and caused by the child’s mother.

Cross-appeals in care proceedings by the mother against the refusal of a s38(6) parenting assessment and the making final care orders, and by the local authority against the adjournment of placement order proceedings in respect of one child. Appeals dismissed.

Appeals by parents and the paternal grandparent against orders dismissing applications for assessment (by the parents) and assessment and a residence order (by the grandparent). Appeals allowed and assessments ordered.

Appeal against the decision to remove a child from the care of her maternal aunt because of perceived risk to the child. Appeal dismissed.

Application for judicial review by a child, through the Official Solicitor, seeking the quashing of a local authority’s age assessments, and a declaration as to the child’s age. Application successful.

Fact finding hearing in care proceedings in respect of two children, one child aged 5 and a sibling aged 9 months whose twin had died (aged only 2 weeks) as a result of head injuries sustained at home.

Appeal by mother against an order approving a care plan that her child be adopted by family friends on the basis that a special guardianship order would be more appropriate in the circumstance. Appeal dismissed.

Guidance as to the publication and reporting of judgments given or handed down in the Family Division in proceedings under the inherent jurisdiction in respect of adults.