Case Summaries

Appeal against an order requiring a mother to hand over her son to the father’s residence, or if she failed to do so, that the Tipstaff would effect the transfer. Appeal allowed.

Appeal against decision that a deceased man was domiciled in England and Wales, so allowing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to proceed. Appeal dismissed.

Application under Mental Capacity Act 2005 brought by a sister of an adult (E) with severe learning disabilities asking the court to decide, among other things, on whether: i) E has capacity, ii) he has been unlawfully detained and iii) if the latter, damages should be paid.

Appeal by wife against order for possession of the matrimonial home by a mortgage company on the grounds that the mortgage being enforced had been agreed by her as a result of undue influence and abuse of trust. Appeal allowed.

Application by wife for delay in pronouncing decree absolute pending conclusion of the ancillary relief proceedings. Application refused.

Appeal by wife against order terminating periodical payments from the husband and refusal of her cross-application for a capitalised lump sum of £560,000. The wife was awarded a lump sum of £215,000.

Application by father for the return of two children to Italy under the Hague Convention. Application failed.

Application for permission to appeal arising, primarily, from findings concerning beneficial interests following the break up of a cohabiting relationship. Permission refused.

Applications for permission to appeal by husband and associates refusal to strike out wife’s pleadings that shares and assets in family companies were held on constructive trust for the husband. Applications refused.

Appeal by mother against shared residence order on the grounds that it may have been made as a result of procedural unfairness. Appeal dismissed.

Application by special guardian for a fresh assessment of the allowances payable to her. A new assessment backdated to March 2006 was ordered.

Application by mother for permission to appeal refusal to allow leave to apply for discharge of a special guardianship order in favour of the child’s grandmother. In the event the matter was settled by consent but Wilson LJ provides guidance on the correct approach to be taken in the future.

Contested petition for divorce by wife on grounds of unreasonable behaviour. Application by husband for adjournment pending release of funds on account of litigation costs refused. Decree nisi granted.

Judgment in quantum meruit claim concerning services provided by daughter to family company. The claimant was awarded £105,000.

Applications by CMEC seeking not to be bound by an individual voluntary arrangement in respect of one of the respondents who owed £25,000 in child maintenance arrears. The applicant was found to be a creditor but the IVA was revoked as unfairly prejudicial.

Appeal against findings of fact where the appellants had been found to be possible perpetrators of injuries to a child of a friend. Appeal dismissed.