Case Summaries
M (Children) [2011] EWCA Civ 1035
Appeal centring on whether the court or a local authority can compel reluctant parents to disclose to their children their father’s previous convictions for sexual assault on children from his first marriage.
LR (Children) [2011] EWCA Civ 1034
Appeal made by a child and supported by the local authority seeking to set aside findings of fact made within care proceedings.
H-W (Children) [2011] EWCA Civ 1027
Mother’s application for permission to appeal findings of fact in respect of injuries to her daughter.
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Manchester CC v G, E & F [2011] EWCA Civ 939
Appeal from a judgment of Baker J. making an award of costs at the conclusion of proceedings in the Court of Protection.
Smith v Smith [2011] EWHC 2133 (Ch)
Widow’s application challenging her deceased husband’s will and claiming interim relief under s.5 Inheritance (Provision for Family and Dependants) Act 1975 in the form of a lump sum and an order permitting her to reside in the former matrimonial home pending determination of her claims.
S-L (Children) [2011] EWCA Civ 1022
Appeal by a father against an order refusing an assessment of him in the context of care proceedings concerning three children.
Kremen v Agrest [2011] EWCA Civ 1014
Application by a wife for permission to appeal against the discharge of a committal order that had been made against her husband.
H (Children) [2011] EWCA Civ 1009
Appeal by mother against determination that the court did not have jurisdiction to hear an application for injunctive relief under the Human Rights Act 1998.
R v M [2011] EWHC 2132 (Fam)
Preliminary finding in divorce proceedings: for a foreign marriage to be recognised as a valid marriage it must be recognised as such in the jurisdiction in which it was undertaken. An Ahmahdi marriage in Pakistan must be recognised as valid marriage in this jurisdiction. A taliq is not sufficient to dissolve a marriage.
S v D [2008] EWHC 1798 (Fam)
Application under the Child Abduction and Custody Act 1985 by a father for the return to Argentina of his two children, who were residing in England with their mother. Children expressed desire to remain in England. Application refused.
The Trustee in Bankruptcy of Claridge v Claridge and Claridge [2011] EWHC 2047 (Ch)
Appeal against the court’s rejection of a claim under s 339 of the Insolvency Act 1986 by a trustee in bankruptcy that there was a transaction at an undervalue by a bankrupt husband to his wife. held that whilst there was a transaction at an undervalue, the court would decline to make an order for relief under s 339(3) for reasons given.
C (A Child) [2011] EWCA Civ 918
Appeal against interim care orders made in respect of a six year old child. Appeal dismissed.
Iqbal v Ahmed [2011] EWCA Civ 900
Appeal against order for financial provision in favour of the deceased’s widow under the Inheritance (Provision for Family and Dependants) Act 1975. Consideration of the appropriateness of an award of a half beneficial interest in the former matrimonial home as against a life interest. Appeal dismissed.
R (O) v LB of Hammersmith & Fulham [2011] EWCA Civ 925
Application for judicial review of LA’s decision to place a child with complex needs in a 38-week placement close to his home, rather than a 52-week residential placement. Application refused.