Case Summaries

Application by a wife for permission to appeal against the discharge of a committal order that had been made against her husband.

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.

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.

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.

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.

Appeal against interim care orders made in respect of a six year old child. Appeal dismissed.

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.

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.

Application for extension of time and permission to appeal against a final financial order.

Final judgment of the ECHR sitting as a Chamber. Male couple complained that the legal impossibility of a same-sex couple marrying under Austrian law violated their right to respect for private and family life and the principle of non-discrimination. Held, rejecting the complaint, that there is no breach of Article 12 where marriage is available to two people of the opposite sex but not two people of the same sex.

Appeal relating to the calculation of child support for tax evading non-resident father: should he share the benefit of his tax evasion with his children? It was appropriate and fair that the tribunal should make a variation taking accout of the non-payment of tax and national insurance.

Husband’s appeal regarding procedural flaws during the hearing of his appeal against an order which had granted an extension of the term of a periodical payments order in favour of his former wife.

The husband had successfully appealed against an order extending the term of the periodical payments payable to his former wife. He went on to seek an order for costs.

Appeal by mother against refusal of an assessment under s 38(6) Children Act 1989. Appeal refused

Judgment in the High Court clarifying the procedure under the Family Procedure Rules 2010 when seeking permission to appeal district judge’s decision.

Fact-finding hearing concerning child with subdural haemorrhages and femoral fracture. Held that the cause of the subdural haematomas was one of unknown etiology and that the fracture had been caused accidentally.