T (Fact-Finding: Second Appeal) [2023] EWCA Civ 475
Second appeal in a fact finding concerning sexual abuse upholds original DDJ judgment findings overturned by a CJ on first appeal.
Case Summaries
AY & Anor v ZX [2023] EWFC 39
Macdonald J confirmed that a parental order can be made if a surrogate is artificially inseminated at home, and not in a licenced fertility clinic.
Re J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465
Court of Appeal judgment confirming the settled law in relation to reopening findings of fact. The approach in Re RL should not be followed.
F v M (Appeal- Fact Finding – Domestic Abuse- Adequate Reasons) [2023] EWFC 48
1. Knowles J was concerned with an appeal by a father of two children with whom he sought contact from findings of egregious domestic abuse made against him – including anal and vaginal rape and related coercive and controlling behaviour. The mother resisted the appeal. The court dismissed the appeal.
SC v TC [2022] EWFC 67
HHJ Hess gave no weight to a post-marital agreement signed at a time when the husband was vulnerable and which risked leaving the husband in a predicament of real need.
T (Children) (Jurisdiction- Matrimonial Proceedings) [2023] EWCA Civ 285
This was an appeal by M against orders made by Arbuthnot J on 28 July 2022 and 15 September 2022 which dismissed her original application for section 8 Children Act 1989 (“CA 1989”) orders in respect of the parties’ three children.
SS v RS [2023] EWFC 32
Application by Husband for compensation arising from failure to secure his release from a mortgage.
DB v (1) Secretary of State for Work and Pensions & SB [2023] UKUT 70 (AAC)
Appeal by Father as to the Tribunal’s approach in determining “day to day care”
NO v PQ [2023] EWFC 36
Case in which H had had ‘his share’ already by way of informal agreement such that any further award was not now justified despite his business venture having failed and his being left in a predicament of real need.
MN v AN [2023] EWHC 613 (Fam)
Consideration of validity of a PNA entered into pre-Radmacher
EL v ML [2023] EWFC 43
Considerations arising from a Consent Order made, improperly, in the absence of Form D81
Teasdale v Carter [2023] EWHC 490 (Fam)
Appeal of a Finding as to Proprietary Estoppel having arisen in respect of a property, ancillary to the main financial proceedings
SS v RS [2023] EWFC 32
No freestanding claim for economic loss and no power to award compensation for alleged financial detriment arising from a failure to release a husband from the mortgage on the matrimonial home transferred to the wife.
X & Anor v Z & Ors [2023] EWFC 41
In surrogacy cases, the court must determine the factual issue of domicile to satisfy HFEA 2008 before making welfare considerations, no matter how strong those welfare arguments may be
M (A Child: Leave to Oppose Adoption) [2023] EWCA Civ 404
The Court of Appeal granted a local authority’s appeal against an order permitting a mother to oppose the making of an adoption order.
G v G [2023] EWFC 16
Financial Remedy proceedings with consideration of the impact of a Confiscation Order under the Proceeds of Crime Act 2002
