Case Summaries

Court of Appeal refused Father’s appeal against an order granting the Mother leave to remove their 5 year old son permanently to Australia.

Appeal in child maintenance case. Court of Appeal held that the Circuit Judge hearing an application for a declaration under s.55A Family Law Act 1986. had no jurisdiction to stay enforcement action by CMEC.

Appeal before the Supreme Court concerning the question of whether the Court of Appeal erred in finding that pre-nuptial contracts ought to be given decisive weight, where entered into freely by both parties, in an assessment under section 25 of the Matrimonial Causes Act 1973; and also whether the Court of Appeal decision amounted to impermissible judicial legislation, in contravention of the decision of the Privy Council in MacLeod v MacLeod (Isle of Man) [2008] UKPC 64. Held (Lady Hale dissenting) that the Court of Appeal was correct to conclude that there were no factors which rendered it unfair to hold the husband to the agreement.

Appeal by an eighteen year old asylum seeker against an order that the local authority was under no duty to accommodate him pursuant to s.23C(4)(c) of the Children Act 1989, as amended. Appeal allowed.

Judicial review claim against local authority regarding its alleged failure to assess the needs of a child leaving care. Held the Local Authority’s plans did not set out the Claimant’s likely needs in sufficient detail nor did they explain how, and by whom those needs would be met.

Court of Protection: An application determining whether a party has the necessary mental capacity to decide if an action in the Chancery Division of the High Court should be continued. Court held the party did not have the necessary mental capacity.

Proceedings concerning the nature of a forced marriage protection order and the use of special advocates in proceedings under the Forced Marriage (Civil Protection) Act 2007

Application by the BBC seeking an order setting aside the prohibition on identifying the local authority concerned in these proceedings and thereby permitting the BBC to name that local authority as the local authority concerned. Application granted.

Appeal concerning extent of court’s duty in Hague Convention cases to direct a local authority to provide accommodation.

Care proceedings: Application by a local authority for permission to withdraw care proceedings pursuant to Family Proceedings Rules r.4.5. Permission granted.

Care proceedings: Father appealed findings of fact that he had sexually abused 3 children. He sought to question the strength of the evidence upon which the findings were based. Appeal dismissed.

Ancillary relief appeal by wife against an order at first instance that payment of share of net sale proceeds of former matrimonial home was void under Insolvency Act 1986, s284. Decision upheld, but on different grounds.

Court asked to indicate whether a s.30 Parental Order was likely to be granted in relation to twins born following a foreign commercial surrogacy agreement.

Adoption case considering whether a lesbian couple living separately were a couple within the meaning of the Adoption and Children Act 2002 and whether the adoption was justified by s.1 of the Act.

Application in ancillary relief proceedings for permission to appeal a case management decision of Mostyn J’s refusing to adjourn the final ancillary relief hearing to await the outcome of litigation that had begun in India. Mostyn J decided that the Indian litigation was an attempt to stymie the ancillary relief proceedings but that in any event that the ancillary relief proceedings should not be delayed.

Ancillary relief costs. Competing claims against the wife’s proceeds of ancillary relief proceedings- the wife’s solicitors’ Sears Tooth agreement and the Husband’s application to set-off orders for costs. The Judge gave effect to the ‘set off’ claimed by the Husband.