Case Summaries

Judgment of Ryder J in Court of Protection proceedings concerning BB, a woman suffering from schizo-affective disorder, profound deafness and a learning disorder, who lacked capacity to litigate.

Appeal by local authority against a decision that a child living with a grandparent in an arrangement initiated by the authority, was a looked after child and, as such, the grandparent was entitled to financial provision from the authority. Appeal dismissed.

Appeal by mother of findings against her in fact-finding hearing. Guidance given by Court of Appeal as to correct process to be adopted where it is considered that there is a lack of reasoning or clarity in a judgment. Appeal adjourned while trial judge invited to give clarification.

Judgment of Moylan J concerning jurisdictional issues arising within an application for an occupation order and cross-proceedings for possession of a property in West London.

Application for financial remedies before Moor J. The central issue was whether a French marriage contract should be upheld.

Local authority appeal from the Court of Protection to the Court of Appeal against a declaration that the local authority’s care plan requiring a vulnerable adult, P live at a local authority establishment constituted a deprivation of liberty for the purposes of Article 5 ECHR.

Appeal against a decision to refuse a return order where one child objected to return and had sufficient maturity. Appeal allowed.

Financial remedy proceedings where the central question was how trusts should be treated in the division of assets following divorce.

Application to the High Court for a stay of wardship proceedings in this jurisdiction under para 19 of BIIR on the basis that the Swedish court was already seised of the matter. Application granted. Re S (Parental Responsibility: Jurisdiction) [1998] 2 FLR 921considered in the light of BIIR.

Supreme Court: appeal as to the correct approach to calculating beneficial interests in property where the legal title to the property is held in joint names by an unmarried couple but there is no express statement of how it is to be shared. Principles stated by the Court. Held: the parties intentions as to ownership had changed after their separation. Appeal allowed.

Judgment in “ancillary relief” proceedings in which the vast majority of the assets had been inherited by the husband.

Proceedings in the Court of Protection concerning issues as to where the patient should live, as to contact, and as to whether he would be deprived of his liberty.

Application pursuant to the Family Procedure Rules 2010 Part 7/PD7A/Para.3.2 for permission to file a Petition for a Decree of Nullity notwithstanding the absence of a marriage certificate.

Appeal against a sentence of 6 months imprisonment against a mother for breach of an injunction granted in care proceedings. Held that the sentence was excessive. Appeal allowed.

Father’s appeal concerning the effect of the parents’ temporary reconciliation on a maintenance assessment under the “old scheme” for child support.

Appeal against final care orders and placement orders in respect of two children. Held that the orders should not have been made without an assessment of the prospects of success of the adoptions. Appeal allowed.