Case Summaries

Appeal by the Official Solicitor against order allowing the press limited access to hearings under the Mental Capacity Act 2005 involving a gifted, well known but severely disabled adult. Appeal dismissed.

Judgment arising from enforcement of a charging order against the matrimonial home where the wife had forged the husband’s signature on a mortgage. An order for possession and sale under section 14 of TLATA was made in favour of the bank.

Application by mother for permission to appeal, with appeal to follow, an interim care order. Application refused.

Renewed application for permission to appeal against refusal to grant a father permission to apply for judicial review against Cafcass arising out of his dissatisfaction with the service’s performance in private law proceedings. Application refused.

Application by parents for permission to appeal, with appeal to follow, against refusal to set aside a judgment concerning findings that the mother of a child by a previous father had injured her first eldest daughter. Application granted but appeal dismissed.

Application by mother for permission to appeal, with appeal to follow, interim care orders made to allow for assessment away from the mother’s home. Application dismissed.

Supplementary judgment to S(A Child) EWCA Civ 325 clarifying termination of the interim care order.

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.