Case Summaries

Husband’s appeal against refusal of leave to pursue an application under the Matrimonial and Family Proceedings Act 1984 after Italian divorce. Appeal successful.

Appeal of a ‘no order as to costs’ order despite a successful Part 36 offer in a cohabitant dispute. Appeal unanimously dismissed.

Court of Protection case heard in the High Court in which Macur J considers relief under the inherent jurisdiction alongside provisions of the Mental Capacity Act 2005.

Appeal against an ancillary relief order of HHJ Raynor QC sitting as a Judge of the High Court on the grounds that subsequent events constituted Barder events and /or demonstrated the order to have been vitiated by a common mistake of fact. Appeal allowed on the latter ground.

Consent order for lump sum to the Wife had been set aside because of the Husband’s non-disclosure. It was then contended by Independent Trustees Services Ltd (“ITS Ltd”) that since the monies had been dishonestly obtained by the Husband, the Wife was no longer a bona fide recipient. Held: ITS Ltd’s application failed and the Wife’s application to set aside an order giving ITS Ltd priority over the Wife as a judgment creditor and to have sums owed to her paid directly by ITS Ltd also failed.

The Court considered the issue as to whether the court on an application for a care order in respect of a young person aged 17 with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act 2005 rather than the Children Act 1989.

Application for permission to bring judicial review proceedings to claim that a local authority had wrongly determined the Appellant’s age. Permission granted.

Application for permission to appeal the refusal of leave to remove a seven year-old girl, I to go to live in Australia. Application refused.

Application for costs in long-running litigation in the Court of Protection.

Financial Provision under Part III of the Matrimonial and Family Proceedings Act 1984: Application by a wife for interim periodical payments where the husband had not supplied the court with any evidence of his wealth.

An appeal on the question of whether the trial of a preliminary issue in ancillary relief proceedings should be governed by the Family Proceedings Rules or the Civil Procedure Rules.

Court of Protection. A local authority sought a declaration that a man in their care with a learning disability did not have capacity to consent to sexual relations. Declaration granted.

Intractable contact dispute. The President adjourned sentencing of father for breach of earlier orders and made an order for an occasion of supervised contact in favour of the girls’ paternal grandparents with the matter to return to court thereafter.

Appeal by wife against ancillary relief order made by Charles J, in which he awarded her £5.4 million from a total asset pool of £25 million. Appeal allowed.

A couple, who had entered into a surrogacy agreement with a woman who later sought to keep the child, applied for a residence order. Application rejected and residence order made in favour of the mother.

Appeal to the Court of Appeal against final care order where the judge had refused further assessment. Appeal allowed.