Case Summaries

Appeal by husband against a finding that a tenancy agreement granted by the appellant to his former wife was void through frustration or mistake and a claim for occupation rent arising from the termination of the tenancy. There were also issues with regard to payment of maintenance. Appeal allowed.

Appeal and cross-appeal against parts of a judgment arising out of proceedings under s14 of the Trusts of Land and Appointment of Trustees Act 1996 concerning the value of credits that each party should be entitled to given the continued occupation of the property by the respondent. The appeal succeeded; the cross appeal failed.

Appeal against the imposition of a custodial sentence for successive breaches of an order under Part IV of the Family Law Act 1996. Appeal allowed and sentence discharged.

Renewed application for permission to appeal by husband against an order allowing wife to make an application for financial relief under Part III of the Matrimonial Proceedings and Property Act 1984. Application refused.

Judgment given in the course of care proceedings where a child, who had suffered a series of fits after the parents had taken her to hospital, had been taken into care but the local authority subsequently sought to withdraw those proceedings in the light of differences between the medical experts acting in the case.

Appeal by mother against striking out claim against a council for negligence arising from placement of her children on the Child Protection register. Appeal dismissed.

Appeal by mother and children against striking out of claim for negligence against the Child Support Agency. Appeal dismissed.

Application by mother for return of her daughter to Ireland under the Child Abduction and Custody Act 1985 and Brussels II Revised. Application granted but stayed.

Appeal by father against Child Support Commissioner’s refusal to hear an appeal as it was considered out of time. Appeal allowed.

Appeal by parents against directions in care proceedings that prevented the instruction of an expert. Appeal allowed to limited extent.

Appeal by parents against refusal to allow evidence from an expert on osteogenesis imperfecta (a condition that makes bones break easily) after allegations that they had physically harmed their child. Appeal dismissed.

Application by father to strike out application by mother under Schedule 1 of the Children Act 1989 seeking settlement of property order and/or lump sum on behalf of their daughter. Application refused.

Application by local authority to disclose information concerning care proceedings to another local authority where the respondent works. Limited permission given.

Application by administrators against the former partner of the deceased to determine the defendant’s interest in three properties acquired by the couple during their relationship.

Appeal by father against finding that he had sexually abused his daughter and step son. Appeal dismissed.

Application concerning disclosure of a Form E to a child support advice company. The disclosure was found to be in contempt of court.