Case Summaries

Mostyn J refuses a petitioner’s application to set aside a decree nisi granted to her in 2013 and granted the respondent’s application for a decree absolute out of time.

HHJ Hess found H to have doctored his financial disclosure documents and left W’s capital claims open for ten years should H’s assets materialise.

Decision of HHJ Hess in which he 1. Determined whether the English court had jurisdiction to determine an equitable claim for immovable property outside of England; and 2. Set out how adverse inferences can be drawn from a party’s failure to engage.

Fact Finding Hearing in care proceedings to establish whether brain injuries to very young baby were non-accidental, with the LA seeking to withdraw their s.31 CA 1989 application at the conclusion of the evidence. Significant criticism of Expert Neuroradiologist.

The Court of Appeal allows appeals against the striking out of claims for damages brought against local authorities.

Cobb J – decides that the English Courts had jurisdiction to make decisions concerning a 30-month-old girl M who was taken from London to Poland by her Polish mother.

Successful appeal of a decision not to grant an adjournment to allow the parents of the child to obtain legal representation

The CA allowed an appeal against an order by a Deputy High Court Judge for the return of three children to Spain; the judge was wrong to refuse to hear oral evidence on consent and wrongly applied the test in Re E when considering whether the children would be at grave risk of harm.

Hayden J gave reasons for granting the Trust’s application for a declaration that it is in J’s best interests for her not to be given mechanical or invasive ventilatory support and for what are referred to as, “ceilings of treatment” to be put in place.

Application for disclosure and inspection of documentation from the successful asylum claims of the mother and the child.

This is a needs case.

The Court of Appeal refuses to grant a stay to the parents’ pending the determination by the United Nations Commission for The Rights of People of Disability of the parents' complaint to them alleging breach of the convention's terms.

This was an appeal arising from care proceedings, concerning 2 girls aged 16 and 11. The appellant is their mother’s husband (‘MH’).

Unopposed applications for care and placement orders: Mostyn J ruled that a fact-finding hearing would be a deplorable waste of resources.

MacDonald J holds that the father did not have ‘rights of custody’ for the purposes of Article 3 of the 1980 Hague Convention at the time of the child’s removal from the Republic of Ireland.