Case Summaries

Successful application for parental orders for twins born in Georgia.

The Court of Appeal held that notwithstanding the Court would not recognise the validity of the transnational divorce in respect of the wife’s first marriage her subsequent marriage was valid and her second husband was not entitled to a decree of nullity. The effect of s45 Family Law Act 1986 considered.

Summary of Judgment delivered on 12 October 2022 by Mr Justice Poole This case revolves around a child, J, who is a 13 year old girl with complex needs. She was made the subject of an interim care order on 20 July 2022 in favour of Manchester City Council (“MCC”).

The Court of Appeal allowed the father’s appeal in respect of a fact-finding judgment of a CJ. The proper approach in cases with a pool of perpetrators was considered.

In this judgment (in which a DOLs order is extended to the child’s 18th birthday, and a parents’ application to discharge a care order is refused), it is the Court’s commentary on the legal aid situation that is noteworthy. The parents were forced to represent themselves for 4 days of evidence at a final hearing, because they were £36 over one of the Legal Aid Agency limits.

Judgment considering the conduct of a party which amounted to the court, of its own initiative, proceeding with contempt proceedings.

This case concerned J, a 13-year-old girl diagnosed as having Autistic Spectrum Disorder and Attention Deficit Hyperactivity Disorder, who had complex needs and who was the subject of an interim care order.

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