Case Summaries

Appeal by local authority against a refusal to grant full care orders; interim care orders were granted instead. Appeal allowed.

Application by father for return of his children to Zimbabwe under the Hague Convention. Application granted.

Application, under the inherent jurisdiction of the court, seeking an order or declaration to allow the Chief Constable to interview two children concerning the murder of their sister. A declaration was granted.

Application by guardian, supported by the local authority, for reporting restrictions to be imposed on proceedings at coroner’s inquest concerning the death of two children. The guardian was acting for the surviving third child of the family who is now up for adoption.

Application for permission to appeal with appeal to follow, by local authority against findings by trial judge that the parents had “no case to answer” regarding s31 Children Act threshold criteria. Application and proceedings reinstated.

Reserved judgment arising out of applications brought by father for permission to appeal orders in contact proceedings and to adduce fresh evidence. Applications refused.

Appeal against orders concerning variation of periodical payments. The original order of £40,000 p.a, capitalised at £500,000 was overturned and substituted for payments of £60,000 p.a. capitalised at £725,000.

Appeal by solicitors against a decision requiring repayment of fees to the respondent on the grounds that she had not been informed that she could be eligible for legal aid. Appeal dismissed.

Appeal by husband against an order varying and capitalising a nominal periodical payments order, made in 1981, after the wife lost money on investments made after selling ground rents that were part of the original settlement. Appeal allowed.

Application by doctors seeking a declaration that it would be lawful to perform a bone marrow transplant on a child against the wishes of the parents. Application successful.

Appeal by wife against an order allowing a trustee in bankruptcy to apply for an order for sale notwithstanding an agreement in ancillary relief proceedings that the matrimonial home could only be sold after specified events had occurred. Appeal dismissed.

Application by husband for permission to appeal an order in ancillary relief proceedings. The order had been made on appeal to the circuit judge from the district judge’s original order. Application refused.

Application for permission to appeal, with appeal to follow, findings of fact in a disputed contact case where the mother accused the paternal grandparents of domestic violence and so contact with the paternal family had lapsed. Application granted but appeal dismissed.

Application to open the wills of the late Queen Mother and Princess Margaret by a man claiming to be Princess Margaret’s illegimate child. The wills had been sealed by an order of the former President of the Family Division. Application struck out as abuse of process.

Appeal by father against refusal to grant leave to oppose the making of an adoption order. Appeal dismissed.

Judgment in ancillary relief proceedings where there is a dispute, among other things, over whether the husband is liable to pay a lump sum to the wife where that lump sum had been dependent on the husband receiving a second instalment of an earn out clause following the buy out of the couple’s software business; he had resigned his position before the sum fell due.