Case Summaries

Judicial review proceedings were brought by DL and ML who were prospective adopters of K, who had been placed with them pursuant to a placement order by the Defendant Local Authority in April 2009.

Apeal concerning a spousal maintenance order in which the impact of the wife’s relationship with another on the assessment of the maintenance award was determined.

Fact finding hearing concerning cardio-respiratory arrest suffered by baby while in her mother’s care in hospital.

Appeal from a district judge’s final order in Schedule 1 Children Act 1989 proceedings. Appeal allowed in part. No order as to costs.

Contact proceedings where findings which the judge at first instance had been minded to make but had not actually made, were introduced. Appeal successful and order amended. Important guidance also given by Thorpe LJ re. court’s power to make contact orders where no residence order exists.

Appeal in a case with a complex procedural history where the father had applied for parental responsibility and residence and the mother had removed the younger of two children. Appeal dismissed but court requested an early hearing date in the county court. (Thorpe LJ gives guidance as to the procedure to be followed in cases involving apparent unlawful removal of a child from its primary carer.)

Husband’s appeal in ancillary relief proceedings focusing on the treatment of trust assets. The Court of Appeal determined that the Husband clearly had access to the trust fund and that it has been appropriate to take those assets into account. Appeal dismissed.

Disputed divorce jurisdiction case involving consideration of the wife’s residence at the date of her divorce petition. Held: the wife was entitled to proceed with her petition.

Application for costs against a local authority in care proceedings. Costs award granted in favour of the respondents but refused to the intervenor. Baker J summarised the applicable law.

Father applied for an order for the interim return of his 4 year old daughter after wrongful retention by the mother in Poland. Order granted.

Without notice application in respect of prospective wardship proceedings. Theis J’s judgment examines the principles that apply for without notice applications, and emphasises the need for written evidence justifying the application. The judgment has also been endorsed by the President of the Family Division.

Appeal by a husband against a final order in ancillary relief proceedings requiring the wife to pay him a lump sum of £5m on a clean break basis. Appeal dismissed.

Preliminary hearing to determine whether K, a 13 year old girl, would be allowed to attend the hearing of an application by her local authority to keep her in secure accommodation. Held that she should be permitted to attend. Procedure and determining factors considered.

Judgment on an application for costs against a local authority following a fact-finding hearing. The judgment should be considered along with the decision on the substantive issues, reported as [2011] EWHC 402 (Fam).

Reporting restrictions in Court of Protection proceedings: general guidance given as to the substantive and procedural issues arising.

Application by a freelance journalist, supported by the children’s mother, for permission to disclose the name of a medical expert in care proceedings. Application granted. The President considered what in the future should be the practice on questions of anonymity of experts and publications of their reports.