Case Summaries

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.

Application for permission to appeal to the Court of Appeal, with appeal to follow, against findings of fact by an intervener in care proceedings, TW. Permission granted and appeal allowed.

A magistrates’ court is entitled to take account of child maintenance paid by a method other than that specified by the Child Support Agency when making a liability order under section 33 of the Child Support Act 1991.

Appeal by grandparents against a refusal to make an order for costs in their favour in care proceedings, in which the local authority unsuccessfully sought findings against them. Appeal successful.

Application for permission to appeal by father against findings of fact by judge at first instance within wardship proceedings of evidential complexity. Permission granted on certain grounds and appeal allowed in part.

Appeal by Polish father under the Hague Convention against refusal to grant return order on the grounds that it was against his daughter’s interests. Appeal successful.

Appeal by adopters, supported by local authority, of order of Holman J setting aside adoption order and granting mother permission to oppose the making of an adoption order. Appeal allowed.

Grandmother’s appeal of dismissal of her application for post-adoption contact. Appeal unanimously dismissed by the Court of Appeal.

Judge’s telephone conversation with the child’s guardian in the privacy of his room in the course of private law children proceedings was a material procedural irregularity. Appeal allowed, judge’s orders set aside and case returned for a hearing by a different judge.