Appeal by a local authority against the dismissal of a care order in circumstances where there was no proven fact in relation to the identity of the perpetrator of non-accidental injuries. Appeal dismissed and permission to appeal refused.
Court of Appeal: the Court should ensure that all avenues have been exhausted before concluding that contact should be terminated. In difficult cases the attendance of the CAFCASS officer may be required even if it leads to an adjournment; it may be helpful for the child to be separately represented.
Appeal to set aside transaction in ancillary relief proceedings. Permission to appeal refused.
Court of Appeal. Appeal against the setting aside of transaction on the grounds that it was an attempt to defeat the wife’s claim in ancillary relief proceedings. Appeal dismissed.
Application for contact by a father who had murdered the child’s mother. Application refused, and s.91(14) order made.
Appeal in care proceedings by mother against fact finding that she should be included in pool of possible perpetrators. Appeal allowed.
Unsuccessful appeal from the order of Parker J sitting in the Court of Protection as to whether arrangements for a 19 year old with a mental age of two and a half, and for an 18 year old with a mental age of 4 to 5, amounted to a deprivation of liberty and whether the arrangements engaged Article 5 of the European Convention on Human Rights.
Appeal of decision to dismiss a wife’s originating summons seeking leave to make an application under Part III of the Matrimonial and Family Proceedings Act 1984 for an order for financial relief from the husband, following a divorce in Germany. Appeal unanimously allowed.
Appeal of judicial review decision that accommodation being provided to the subject child with severe autism and severe ADHD by the local authority was, by virtue, of a Statement of Special Educational Needs under the Education Act 1996 and not pursuant to the child’s Looked After Child status under the Children Act 1989. Appeal unanimously allowed.
Court of Protection: media attendance and reporting.
Application for permission to appeal against the striking out of a divorce petition on the basis of lack of jurisdiction. Application refused.
Child abduction: exercise of discretion to return when defence under Article 12 (settlement) established.
Application to set aside as a sham or pursuant to s 23 Matrimonial and Family Proceedings Act 1984 two transactions in the context of protracted and complex litigation between the husband, wife and third parties. The first transaction was held to be a sham and the second was set aside under s 23. Mostyn J also considers the piercing of the corporate veil for these purposes.
Application to set aside as a sham or pursuant to s 23 Matrimonial and Family Proceedings Act 1984 a charge on a former matrimonial home in the context of protracted and complex litigation between the husband, wife and third parties. Application granted under s 23. Application in respect of the sham refused. Two ancillary applications for release of funds and staying of proceedings refused.
A 63 year-old woman applied for disclosure of information from the Registrar General concerning her adopted father’s birth family. Application refused.
Appeal against order of costs judge that where solicitors in matrimonial proceedings refused to carry out work until outstanding fees were paid and the fees were in excess of the estimate, the refusal constituted a repudiation of the contract and no fees were payable. Appeal dismissed.
